amendment list, 17 September 2026

Mobile satellite services: selection and authorisation of systems using the harmonised 2 GHz frequency band

Document ITRE-AM-792193 · (COM(2026)0311 – 2026/0134(COD))

Committee on Industry, Research and Energy

Where the law stands · dossier 2026/0134 →

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Text 1,481 paragraphs

Amendment 295

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 11 – paragraph 1 – point b

Text proposed by the Commission	Amendment
Text proposed by the Commission(b) to commit to provide services in all Member States and to at least 95 % of the population and at least 90 % of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS;	Amendment(b) to commit to provide services in all Member States and to at least 95 % of the population and at least 90 % of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS. For an applicant requesting a portion of a shared paired 5 MHz block for NB-IoT services, the coverage requirements and the deadline for achieving them shall be determined in the call for applications, taking into account the amount of spectrum assigned and the nature of the service, provided that such deadline shall not exceed ten years.

Text proposed by the Commission

Amendment

(b) to commit to provide services in all Member States and to at least 95 % of the population and at least 90 % of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS. For an applicant requesting a portion of a shared paired 5 MHz block for NB-IoT services, the coverage requirements and the deadline for achieving them shall be determined in the call for applications, taking into account the amount of spectrum assigned and the nature of the service, provided that such deadline shall not exceed ten years.

Or. en

Amendment 296

Sofie Eriksson

Proposal for a regulation

Article 11 – paragraph 1 – point b

Text proposed by the Commission	Amendment
Text proposed by the Commission(b) to commit to provide services in all Member States and to at least 95 % of the population and at least 90 % of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS;	Amendment(b) to commit to provide services in all Member States and to 100 % of the population and 100 % of the aggregate land area of each Member State, as well as the coverage necessary for Iris2 to operate at full capability north of 72° N, no later than five years from the date of commencement of the continuous provision of MSS;

Or. en

Read the rest (1,469 paragraphs)

Amendment 297

Matthias Ecke, Eero Heinäluoma, Sofie Eriksson

Proposal for a regulation

Article 11 – paragraph 1 – point b

Text proposed by the Commission	Amendment
Text proposed by the Commission(b) to commit to provide services in all Member States and to at least 95 % of the population and at least 90 % of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS;	Amendment(b) to commit to provide services in all Member States and to at least 95 % of the population and at least 90 % of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS; and to full coverage no later than ten years after from that date.

Or. en

Justification

The amendment is proposed in order to promote full coverage.

Amendment 298

Aura Salla

Proposal for a regulation

Article 11 – paragraph 1 – point b

Text proposed by the Commission	Amendment
Text proposed by the Commission(b) to commit to provide services in all Member States and to at least 95 % of the population and at least 90 % of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS;	Amendment(b) to commit to provide services in all Member States and to at least 95 % of the population and at least 90 % of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS, and to full coverage no later than ten years from that date;

Or. en

Justification

Mobile satellite services, including direct-to-device, are becoming integral to Europe’s connectivity. Given 20-year spectrum rights, coverage obligations should reflect the system’s long-term objective. Full Union coverage within ten years would ensure progressive rollout, including to rural, remote and outermost regions, while avoiding persistent gaps. A new recital (25a) would guide interpretation, with further detail set by the Commission under Article 5(2).

Amendment 299

Katri Kulmuni, Eero Heinäluoma, Ville Niinistö, Aura Salla

Proposal for a regulation

Article 11 – paragraph 1 – point b

Text proposed by the Commission	Amendment
Text proposed by the Commission(b) to commit to provide services in all Member States and to at least 95 % of the population and at least 90 % of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS;	Amendment(b) to commit to provide services in all Member States and to at least 95 % of the population and at least 90 % of the aggregate land area of each Member State no later than five years from the date of commencement of the continuous provision of MSS, and to full coverage no later than ten years from that date;

Or. en

Justification

Mobile satellite services are evolving from a complementary technology into an integral part of Europe’s connectivity infrastructure, notably through direct-to-device capabilities. Given the 20-year duration of spectrum rights, coverage obligations should reflect the long-term objective of the system rather than only its initial deployment phase. Requiring full coverage within ten years ensures that all selected operators progressively deliver their services across the Union, including rural, remote and outermost regions that rely most on satellite connectivity and where terrestrial alternatives may be limited. The proposed approach maintains proportionate entry conditions through the existing phased rollout requirements, while preventing persistent coverage gaps over the licence period. It also better supports the Union’s objectives of ubiquitous connectivity, territorial cohesion, resilience, quality of service and strategic autonomy. The amendment therefore combines realistic deployment timelines with a clear end-state obligation of full Union coverage. The interpretation of full coverage would be guided in a new recital (25a), subject to be further defined in the call by the Commission as per Article 5(2).

Amendment 300

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 11 – paragraph 1 – point c

Text proposed by the Commission	Amendment
Text proposed by the Commission(c) to commit to landing of traffic, which is generated using all services by end-users located in the Union territory or routed to or from the Union, within the Union territory;	Amendment(c) to commit to landing of traffic, which is generated using all services by end-users located in the Union territory or routed to or from the Union, only within the Union territory;

Or. en

Amendment 301

Francesco Torselli

Proposal for a regulation

Article 11 – paragraph 1 – point d

Text proposed by the Commission	Amendment
Text proposed by the Commission(d) to demonstrate technical and financial capacity, and readiness for the development, launching and operation of the proposed commercial MSS system and provision of MSS by the date of commencement of the continuous provision of MSS;	Amendment(d) to demonstrate technical and financial capacity, and readiness for the development, launching and operation of the proposed commercial MSS system and provision of MSS by the date of commencement of the continuous provision of MSS, including through established or committed arrangements with operators of terrestrial electronic communications networks serving the Union;

Or. en

Justification

The amendment supports the objective of strengthening the resilience and security of the Union's connectivity infrastructure. Mobile satellite services are increasingly deployed in conjunction with terrestrial mobile networks, including through Direct-to-Device connectivity, to provide redundancy, business continuity and enhanced network resilience in the event of outages, emergencies or other disruptions. Evidence of established or committed arrangements with mobile network operators is therefore a relevant indicator of an applicant's ability to deliver secure, resilient and operationally effective services for European citizens, businesses and public authorities.

Amendment 302

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 11 – paragraph 1 – point f – point i

Text proposed by the Commission	Amendment
Text proposed by the Commission(i) there is no possibility for a third party’s intervention in the provision of the service;	Amendment(i) there is no possibility for an unauthorised third party’s intervention in the provision of the service;

Or. en

Amendment 303

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 11 – paragraph 2 – subparagraph 1 (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	AmendmentThe Commission may initiate a new selection procedure for any part of the spectrum blocks that remains unassigned. For each such part, the eligible demand referred to in Article 4(1), points (b) and (c), shall be assessed separately.

Or. en

Amendment 304

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 11 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment2a. Where no applicant is selected for the category referred to in Article 4(1), point (b), the Commission shall publish an assessment of the reasons why no applicant was selected, including, where relevant, whether the eligibility and selection requirements, in particular coverage requirements, the size of the portion of the 2 GHz MSS band assigned, financial conditions and requirements relating to ITU filings, may have affected the ability of Union new entrants to participate successfully in the selection procedure.

Text proposed by the Commission

Amendment

2a. Where no applicant is selected for the category referred to in Article 4(1), point (b), the Commission shall publish an assessment of the reasons why no applicant was selected, including, where relevant, whether the eligibility and selection requirements, in particular coverage requirements, the size of the portion of the 2 GHz MSS band assigned, financial conditions and requirements relating to ITU filings, may have affected the ability of Union new entrants to participate successfully in the selection procedure.

Or. en

Amendment 305

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 12 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
Text proposed by the Commission1. The Commission shall rank eligible applicants for the rights of use of the 2 GHz MSS band for commercial MSS systems referred to in of Article 4(1), points (b) and (c) based on the following selection criteria, which shall be further specified in the call for applications, including as regards their weighing:	Amendment1. The Commission shall rank eligible applicants for the rights of use of the 2 GHz MSS band for commercial MSS systems referred to in Article 4(1), points (b) and (c) based on the following selection criteria, which shall be further specified in the call for applications, including as regards their weighting, except for the weighting assigned to the criterion referred to in point (j) which shall not exceed 5% of the total weighting of the selection criteria:

Text proposed by the Commission

Amendment

1. The Commission shall rank eligible applicants for the rights of use of the 2 GHz MSS band for commercial MSS systems referred to in of Article 4(1), points (b) and (c) based on the following selection criteria, which shall be further specified in the call for applications, including as regards their weighing:

1. The Commission shall rank eligible applicants for the rights of use of the 2 GHz MSS band for commercial MSS systems referred to in Article 4(1), points (b) and (c) based on the following selection criteria, which shall be further specified in the call for applications, including as regards their weighting, except for the weighting assigned to the criterion referred to in point (j) which shall not exceed 5% of the total weighting of the selection criteria:

Or. en

Amendment 306

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 12 – paragraph 1 – point a – point ii a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment(iia) the extent to which the system ensures balanced territorial coverage and coverage of areas of particular importance for the security and resilience of the Union, including regions along the Union’s external borders and areas with limited availability of terrestrial communication networks;

Or. en

Amendment 307

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 12 – paragraph 1 – point b

Text proposed by the Commission	Amendment
Text proposed by the Commission(b) the schedule of availability of services across all Member States within ten years from the date of commencement of the continuous provision of MSS;	Amendment(b) the schedule of availability of services across all Member States within ten years from the date of commencement of the continuous provision of MSS, taking into account the proposed sequencing of deployment and the early availability of services in areas of particular importance for the security and resilience of the Union;

Or. en

Amendment 308

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 12 – paragraph 1 – point d – point i

Text proposed by the Commission	Amendment
Text proposed by the Commission(i) the extent to which the commercial MSS system reinforces Union’s industrial capabilities across the digital technology supply chain, inter alia in terms of design, construction, launch and operation of the satellites, including the software;	Amendment(i) the extent to which the commercial MSS system reinforces the Union’s industrial capabilities across the digital technology supply chain, including through the development of trans-European industrial cooperation and geographically diversified participation of undertakings from different Member States, inter alia in terms of design, construction, launch and operation of satellites, including software

Text proposed by the Commission

Amendment

(i) the extent to which the commercial MSS system reinforces Union’s industrial capabilities across the digital technology supply chain, inter alia in terms of design, construction, launch and operation of the satellites, including the software;

(i) the extent to which the commercial MSS system reinforces the Union’s industrial capabilities across the digital technology supply chain, including through the development of trans-European industrial cooperation and geographically diversified participation of undertakings from different Member States, inter alia in terms of design, construction, launch and operation of satellites, including software

Or. en

Amendment 309

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 12 – paragraph 1 – point d – point iii

Text proposed by the Commission	Amendment
Text proposed by the Commission(iii) the extent to which the public policy objectives integrity, security and resilience of the services are achieved;	Amendment(iii) the extent to which public policy objectives, including the integrity, security and resilience of services, the protection of critical infrastructure, emergency communications and other services of public interest, are achieved

Or. en

Amendment 310

Pilar del Castillo Vera

Proposal for a regulation

Article 12 – paragraph 1 – point e – point ii

Text proposed by the Commission	Amendment
Text proposed by the Commission(ii) the scope of services provided, including a deployment path towards Direct-to-Device services;	Amendment(ii) the scope of services provided, including low-data-rate mobile satellite services for the Internet of Things and a deployment path towards Direct-to-Device services based on open, standardised interfaces;

Or. en

Justification

Recital 7 recognises the "crucial role" of low-data-rate MSS for IoT across water, agriculture, energy, environment and transport. The selection criteria in Article 12(1) do not mention IoT services, so an application built on standards-based IoT with an evolution path to D2D could be undervalued against broadband-only offers. The amendment aligns the criteria with Recitals 4, 6 and 7 and rewards standardisation, which supports interoperability (Article 12(1)(i)(ii)) and TN/NTN convergence (Recital 6).

Amendment 311

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 12 – paragraph 1 – point e – point ii

Text proposed by the Commission	Amendment
Text proposed by the Commission(ii) the scope of services provided, including a deployment path towards Direct-to-Device services;	Amendment(ii) the scope of services provided, including low-data-rate mobile satellite services for the Internet of Things and a deployment path towards Direct-to-Device services;

Or. en

Amendment 312

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 12 – paragraph 1 – point e – point ii a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment(iia) The level of interoperability with and integration into terrestrial network services.

Or. en

Amendment 313

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 12 – paragraph 1 – point h – point iii

Text proposed by the Commission	Amendment
Text proposed by the Commission(iii) the ability to share spectrum and/or to coexist efficiently with other users within the 2 GHz MSS band;	Amendment(iii) the ability to share spectrum and/or to coexist efficiently with other users within the 2 GHz MSS band, including through solutions enabling the efficient deployment of narrowband IoT services;

Or. en

Amendment 314

Jorge Martín Frías

Proposal for a regulation

Article 12 – paragraph 1 – point i

Text proposed by the Commission	Amendment
Text proposed by the Commission(i) the extent to which public policy objectives, not covered under points (a), (e) and (g) are achieved, in accordance with the following sub-criteria:	Amendmentdeleted
Text proposed by the Commission(i) provision of public interest services contributing to the protection of health and safety of citizens in general or of specific groups of citizens;
Text proposed by the Commission(ii) ensuring interoperability and regular upgrade of the satellite system;
Text proposed by the Commission(iii) overall environmental impact of the system;

Or. en

Amendment 315

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 12 – paragraph 1 – point i – introductory part

Text proposed by the Commission	Amendment
Text proposed by the Commission(i) the extent to which public policy objectives, not covered under points (a), (e) and (g) are achieved, in accordance with the following sub-criteria:	Amendment(i) the extent to which public policy objectives, including security, resilience, protection of critical infrastructure, emergency communications and other services of public interest, not covered under points (a), (e) and (g) are achieved, in accordance with the following sub-criteria:

Or. en

Amendment 316

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 12 – paragraph 1 – point i – point iii a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment(iiia) the contribution of the applicant to the development of the Union space ecosystem, including research, development and manufacturing capabilities;

Or. en

Amendment 317

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 12 – paragraph 1 – point j

Text proposed by the Commission	Amendment
Text proposed by the Commission(j) the amount of the one-off financial contribution per MHz for the requested right of use for the 2 GHz MSS band per paired block of 5 MHz or parts of it.	Amendment(j) the amount of the one-off financial contribution per MHz for the requested right of use for the 2 GHz MSS band per paired block of 5 MHz or parts of it, taking into account the overall contribution of the applicant to the objectives of this Regulation.

Or. en

Amendment 318

Mélanie Disdier, Julie Rechagneux, Pierre-Romain Thionnet, Aleksandar Nikolic

Proposal for a regulation

Article 12 – paragraph 1 – point j a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment(ja) the robustness of the applicant's strategy for the end-of-life management and de-orbiting of the space segment of the system, including debris mitigation measures and its contribution to the long-term sustainability of the orbital environment;

Or. en

Amendment 319

Mélanie Disdier, Julie Rechagneux, Pierre-Romain Thionnet, Aleksandar Nikolic

Proposal for a regulation

Article 12 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment1a. When determining the weighting of the selection criteria referred to in paragraph 1, in accordance with Article 5(2), point (b), the Commission shall ensure that the weight attributed to the criterion set out in point (j) does not exceed 15 % of the total number of points that may be awarded under the second selection phase.

Or. en

Amendment 320

Pilar del Castillo Vera

Proposal for a regulation

Article 12 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment1a. The weighting attributed to the criterion set out in point (j) shall not exceed [5] % of the total weighting. The weightings set out in the call for applications shall ensure that applicants are ranked predominantly on the basis of the quality, innovation capacity and pro-competitive effects of their applications.

Or. en

Justification

Recital 29 commits to "a lower weighting of the one-off financial contribution criterion" and Recital 35 states that contributions "should however not result in the selection being determined predominantly by the amount offered", but the enacting terms leave the weightings entirely to the call for applications under Article 5(2), point (b). Article 12(1) lists nine qualitative criteria alongside the financial contribution; an equal distribution would give each criterion about 10 %, so a weighting that is "lower" in the sense of Recital 29 lies below that level. A cap in the Regulation itself gives applicants and co-legislators certainty that the comparative procedure will not become an auction by another name, while preserving the contribution as a tie-breaker between otherwise comparable applications.

Amendment 321

Mélanie Disdier, Julie Rechagneux, Pierre-Romain Thionnet, Aleksandar Nikolic

Proposal for a regulation

Article 12 – paragraph 1 b (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment1b. The weighting attributed to the criterion referred to in paragraph 1, point (d), shall not be lower than 40 % of the total number of points that may be awarded under the second selection phase.

Or. en

Amendment 322

Pilar del Castillo Vera

Proposal for a regulation

Article 12 – paragraph 2

Text proposed by the Commission	Amendment
Text proposed by the Commission2. After the second selection phase, the Commission shall, by way of implementing acts, adopt a reasoned decision on the non-eligibility of applicants and on selecting the highest-ranking applicants per paired block of 5 MHz, taking into account the amount of spectrum available for commercial MSS systems under Article 4(1), points (b) and (c). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3).	Amendment2. After the second selection phase, the Commission shall, by way of implementing acts, adopt a reasoned decision on the non-eligibility of applicants and on selecting the highest-ranking applicants per paired block of 5 MHz or per portion of a shared paired block of 5 MHz, taking into account the amount of spectrum available respectively for commercial MSS systems under Article 4(1), points (b) and (c). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3).

Text proposed by the Commission

Amendment

2. After the second selection phase, the Commission shall, by way of implementing acts, adopt a reasoned decision on the non-eligibility of applicants and on selecting the highest-ranking applicants per paired block of 5 MHz, taking into account the amount of spectrum available for commercial MSS systems under Article 4(1), points (b) and (c). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3).

2. After the second selection phase, the Commission shall, by way of implementing acts, adopt a reasoned decision on the non-eligibility of applicants and on selecting the highest-ranking applicants per paired block of 5 MHz or per portion of a shared paired block of 5 MHz, taking into account the amount of spectrum available respectively for commercial MSS systems under Article 4(1), points (b) and (c). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3).

Or. en

Justification

Consequential to Amendments 1 and 13. The selection decision must be able to assign portions of a shared block, and must respect the separate amounts of spectrum reserved under points (b) and (c).

Amendment 323

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 12 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment2a. Where the Commission concludes that no eligible applicant under Article 4(1), point (b), demonstrates a sufficient level of capability to be assigned a paired block of 5 MHz, the Commission shall decide not to assign, on that occasion, the paired blocks referred to in Article 4(1), point (b), and shall relaunch, at least once, a dedicated selection procedure limited to applicants under that point. Only where that dedicated relaunch also fails to identify an eligible applicant demonstrating a sufficient level of capability may the Commission make the corresponding blocks available to applicants under Article 4(1), point (c).

Text proposed by the Commission

Amendment

2a. Where the Commission concludes that no eligible applicant under Article 4(1), point (b), demonstrates a sufficient level of capability to be assigned a paired block of 5 MHz, the Commission shall decide not to assign, on that occasion, the paired blocks referred to in Article 4(1), point (b), and shall relaunch, at least once, a dedicated selection procedure limited to applicants under that point. Only where that dedicated relaunch also fails to identify an eligible applicant demonstrating a sufficient level of capability may the Commission make the corresponding blocks available to applicants under Article 4(1), point (c).

Or. en

Amendment 324

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 12 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	AmendmentArticle12a
Text proposed by the Commission	AmendmentWholesale access obligations
Text proposed by the Commission	Amendment1. Authorised operators of mobile satellite systems in the bands falling into the scope of this regulation shall provide mandatory, non-discriminatory, and preferential wholesale access to their satellite networks and spectrum to small and medium-sized enterprises (SMEs), including start-ups.
Text proposed by the Commission	Amendment2. Wholesale access shall be granted on fair, reasonable, non-discriminatory and cost-oriented terms, subject to price caps established by the Office for Digital Networks (ODN).
Text proposed by the Commission	Amendment3. Authorised operators shall reserve at least 15 % of their overall operational system capacity exclusively for qualifying start-ups and SMEs at preferential, regulated rates to foster European space-tech innovation and satellite application development.
Text proposed by the Commission	Amendment4. The ODN shall publish standard reference wholesale offers, monitor commercial agreements, and resolve wholesale access disputes within 60 days of referral.

Or. en

Amendment 325

Francesco Torselli

Proposal for a regulation

Chapter III – title

Text proposed by the Commission	Amendment
Text proposed by the CommissionIII UNION AUTHORISATION IN THE 2 GHz MSS BAND	AmendmentIII PAN-EUROPEAN AUTHORISATION FOR COMMERCIAL MSS SYSTEMS AND AUTHORISATION FOR SECURE GOVERNMENTAL COMMUNICATIONS SERVICES

Or. en

Justification

The chapter should reflect the coexistence of two distinct authorisation frameworks: national authorisations providing pan-European coverage for commercial MSS, and a specific Union-level/programmatic framework applicable to the governmental component.

Amendment 326

Francesco Torselli

Proposal for a regulation

Article 13 – title

Text proposed by the Commission	Amendment
Text proposed by the CommissionUnion authorisation	AmendmentPan-European authorisation for commercial MSS systems

Or. en

Amendment 327

Francesco Torselli

Proposal for a regulation

Article 13 – paragraph 1

Text proposed by the Commission	Amendment
Text proposed by the Commission1. The use of radio spectrum in the 2 GHz MSS band by the selected applicants shall be subject to Union authorisation, granted by the Commission, subject to the conditions laid down in Article 14(1) or Article 15(1) as applicable.	Amendment1. The use of radio spectrum in the 2 GHz MSS band by the selected applicants for commercial MSS systems shall be subject to a pan-European authorisation, granted by the national competent authorities, subject to the conditions laid down in Article 14(1) or Article 15(1) as applicable.

Or. en

Justification

The formal power to grant authorisations is vested in the national competent authorities, while the applicable conditions remain those exhaustively harmonised under Articles 14(1) and 15(1) and determined at Union level.

Amendment 328

Mélanie Disdier, Julie Rechagneux, Pierre-Romain Thionnet, Aleksandar Nikolic

Proposal for a regulation

Article 13 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment1a. The Union authorisation referred to in paragraph 1 shall not take effect, and the secure MSS/hybrid system shall not be put into service, until the Security Accreditation Board established pursuant to Article 36 of Regulation (EU) 2021/696 has issued a positive security accreditation decision, in accordance with the principles set out in Article 37 of that Regulation, covering the space, ground and control segments of the system in their entirety.

Text proposed by the Commission

Amendment

1a. The Union authorisation referred to in paragraph 1 shall not take effect, and the secure MSS/hybrid system shall not be put into service, until the Security Accreditation Board established pursuant to Article 36 of Regulation (EU) 2021/696 has issued a positive security accreditation decision, in accordance with the principles set out in Article 37 of that Regulation, covering the space, ground and control segments of the system in their entirety.

Or. en

Amendment 329

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 13 – paragraph 2

Text proposed by the Commission	Amendment
Text proposed by the Commission2. The authorisation referred to in paragraph 1 shall include a general authorisation for the provision of MSS and the satellite networks providing MSS, including ground stations and, where applicable, complementary ground and airborne components, which shall only be subject to conditions, if any, specified in accordance with paragraph 5.	Amendment2. The authorisation referred to in paragraph 1 shall include a general authorisation for the provision of MSS and the satellite networks providing MSS, including ground stations and, where applicable, complementary ground and airborne components, which shall only be subject to conditions, if any, specified in accordance with paragraph 5.
Text proposed by the Commission	AmendmentFor the purposes of Union law, an authorised undertaking providing mobile satellite services pursuant to this Regulation shall be regarded as a provider of public electronic communications networks or publicly available electronic communications services, as applicable, within the meaning of Article 2 of Directive (EU) 2018/1972 and shall be subject to the relevant obligations under Union law applicable to such providers.

Text proposed by the Commission

Amendment

2. The authorisation referred to in paragraph 1 shall include a general authorisation for the provision of MSS and the satellite networks providing MSS, including ground stations and, where applicable, complementary ground and airborne components, which shall only be subject to conditions, if any, specified in accordance with paragraph 5.

For the purposes of Union law, an authorised undertaking providing mobile satellite services pursuant to this Regulation shall be regarded as a provider of public electronic communications networks or publicly available electronic communications services, as applicable, within the meaning of Article 2 of Directive (EU) 2018/1972 and shall be subject to the relevant obligations under Union law applicable to such providers.

Or. en

Amendment 330

Ondřej Krutílek

Proposal for a regulation

Article 13 – paragraph 2

Text proposed by the Commission	Amendment
Text proposed by the Commission2. The authorisation referred to in paragraph 1 shall include a general authorisation for the provision of MSS and the satellite networks providing MSS, including ground stations and, where applicable, complementary ground and airborne components, which shall only be subject to conditions, if any, specified in accordance with paragraph 5.	Amendment2. The authorisation referred to in paragraph 1 shall include a general authorisation for the provision of MSS and the satellite networks providing MSS.

Or. en

Amendment 331

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 13 – paragraph 2

Text proposed by the Commission	Amendment
Text proposed by the Commission2. The authorisation referred to in paragraph 1 shall include a general authorisation for the provision of MSS and the satellite networks providing MSS, including ground stations and, where applicable, complementary ground and airborne components, which shall only be subject to conditions, if any, specified in accordance with paragraph 5.	Amendment2. The authorisation referred to in paragraph 1 shall include a general authorisation for the provision of MSS and the satellite networks providing MSS, including, in line with the provisions outlined in Directive 2018/1972, ground stations, and, where applicable, complementary ground and airborne components, which shall only be subject to conditions, if any, specified in accordance with paragraph 5.

Text proposed by the Commission

Amendment

2. The authorisation referred to in paragraph 1 shall include a general authorisation for the provision of MSS and the satellite networks providing MSS, including, in line with the provisions outlined in Directive 2018/1972, ground stations, and, where applicable, complementary ground and airborne components, which shall only be subject to conditions, if any, specified in accordance with paragraph 5.

Or. en

Amendment 332

Francesco Torselli

Proposal for a regulation

Article 13 – paragraph 2

Text proposed by the Commission	Amendment
Text proposed by the Commission2. The authorisation referred to in paragraph 1 shall include a general authorisation for the provision of MSS and the satellite networks providing MSS, including ground stations and, where applicable, complementary ground and airborne components, which shall only be subject to conditions, if any, specified in accordance with paragraph 5.	Amendment2. The pan-European authorisation referred to in paragraph 1 shall include a general authorisation for the provision of MSS and the satellite networks providing MSS, including ground stations and, where applicable, complementary ground and airborne components, which shall only be subject to conditions, if any, specified in accordance with paragraph 5.

Or. en

Amendment 333

Ondřej Krutílek

Proposal for a regulation

Article 13 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment2a. The authorisation of ground stations and complementary ground components, where granting of individual rights of use of radio spectrum is necessary, shall remain within the competence of the Member State where such components are located.

Or. en

Amendment 334

Francesco Torselli

Proposal for a regulation

Article 13 – paragraph 3

Text proposed by the Commission	Amendment
Text proposed by the Commission3. The Union authorisation shall confer on the authorised undertaking the same rights and obligations in each Member State without a need to separately notify to or seek a separate authorisation from any Member State.	Amendment3. The pan-European authorisation shall confer on the authorised undertaking the same rights and obligations in each Member State.

Or. en

Justification

Paragraph 3 fully preserves the substantive outcome sought by the proposal: identical rights and obligations in every Member State. The final clause of the Commission text is deleted for reasons of consistency. Under the new model, the authorising act is adopted at national level; consequently, the reference to the absence of any separate national step no longer reflects the mechanism established by Article 13.

Amendment 335

Ondřej Krutílek

Proposal for a regulation

Article 13 – paragraph 3

Text proposed by the Commission	Amendment
Text proposed by the Commission3. The Union authorisation shall confer on the authorised undertaking the same rights and obligations in each Member State without a need to separately notify to or seek a separate authorisation from any Member State.	Amendment3. The Union authorisation for MSS shall confer on the authorised undertaking the same rights and obligations in each Member State without a need to separately notify to or seek a separate authorisation from any Member State.

Or. en

Amendment 336

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 13 – paragraph 3 – subparagraph 1 (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	AmendmentThe authorised undertaking may take the form of a joint venture formed by providers of public mobile electronic communications networks established in Member States and organise the provision of mobile satellite services through its own resources and through binding arrangements with mobile network operators, satellite operators, providers of satellite capacity and other suppliers, provided that the holder of the Union authorization remains solely responsible for the compliance with this Regulation.

Text proposed by the Commission

Amendment

The authorised undertaking may take the form of a joint venture formed by providers of public mobile electronic communications networks established in Member States and organise the provision of mobile satellite services through its own resources and through binding arrangements with mobile network operators, satellite operators, providers of satellite capacity and other suppliers, provided that the holder of the Union authorization remains solely responsible for the compliance with this Regulation.

Or. en

Amendment 337

Francesco Torselli

Proposal for a regulation

Article 13 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment3a. From the notification of the selection decision, the national competent authorities shall have a period of 45 days in which to carry out the necessary verifications, including as regards any territorial, terrestrial or complementary components connected with the pan-European MSS. Upon expiry of that period, they shall grant the pan-European authorisation, and may not impose conditions which are additional to, or more onerous than, those laid down in this Regulation.

Text proposed by the Commission

Amendment

3a. From the notification of the selection decision, the national competent authorities shall have a period of 45 days in which to carry out the necessary verifications, including as regards any territorial, terrestrial or complementary components connected with the pan-European MSS. Upon expiry of that period, they shall grant the pan-European authorisation, and may not impose conditions which are additional to, or more onerous than, those laid down in this Regulation.

Or. en

Justification

Paragraph 3a limits national intervention to a verification exercise, subject to a strict 45-day time limit and an express prohibition on imposing additional or more onerous conditions. The references to territorial, terrestrial and complementary components reflect the fact that those elements of the system are physically located within national territory and, by their nature, fall within the remit of the competent national authorities.

Paragraph 3b provides a safeguard against inaction or disagreement. The Commission acts as arbiter, in accordance with a procedure to be defined by implementing act, thereby ensuring that the selected applicant obtains pan-European authorisation in all circumstances. Given the impact of the decision on the rights of the parties concerned, the examination procedure applies.

Amendment 338

Francesco Torselli

Proposal for a regulation

Article 13 – paragraph 3 b (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment3b. In the event of a dispute between an operator and a Member State, or where the period referred to in paragraph 3a has expired without action having been taken, the matter may be referred to the Commission, which shall act as arbiter in accordance with a procedure laid down by implementing acts, with a view to ensuring that the pan-European authorisation is granted to the selected applicant. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3).

Text proposed by the Commission

Amendment

3b. In the event of a dispute between an operator and a Member State, or where the period referred to in paragraph 3a has expired without action having been taken, the matter may be referred to the Commission, which shall act as arbiter in accordance with a procedure laid down by implementing acts, with a view to ensuring that the pan-European authorisation is granted to the selected applicant. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3).

Or. en

Amendment 339

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 13 – paragraph 5 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
Text proposed by the CommissionThe Commission, taking into account any opinion of the Radio Spectrum Policy Group (RSPG), shall, by means of implementing acts, impose the conditions attached to the authorisation referred to in paragraph 2 from amongst the conditions listed in Part A of Annex I to Directive (EU) 2018/1972 which shall include but not be limited to:	AmendmentThe Commission, taking into account any opinion of the Radio Spectrum Policy Group (RSPG), shall, adopt delegated acts supplemeting this Regulation with the conditions attached to the authorisation referred to in paragraph 2 from amongst the conditions listed in Part A of Annex I to Directive (EU) 2018/1972 which shall include but not be limited to:

Or. en

Amendment 340

Ondřej Krutílek

Proposal for a regulation

Article 13 – paragraph 5 – subparagraph 1 – point b

Text proposed by the Commission	Amendment
Text proposed by the Commission(b) compliance with cybersecurity rules, including ICT supply chain requirements pursuant to the Regulation (EU) [XXX] of the European Parliament and of the Council on Cybersecurity Act 2;	Amendment(b) compliance with cybersecurity rules, including ICT supply chain requirements pursuant to any relevant EU legislationt;

Or. en

Amendment 341

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 13 – paragraph 5 – subparagraph 1 – point d

Text proposed by the Commission	Amendment
Text proposed by the Commission(d) fulfilment of data retention and lawful interception obligations and obligations related to electronic evidence in criminal procedings in accordance with Regulation (EU) 2023/1543 of the European Parliament and the Council16 . The implementing act adopted pursuant to the first sub-paragraph shall set objective criteria for designating the obligations on data retention and lawful interception and legal representatives in accordance with Directive (EU) 2023/1544 of the European Parliament and of the Council17 which shall be set as condition to the EU satellite authorisation.	Amendment(d) fulfilment of lawful interception obligations and obligations related to electronic evidence in criminal procedings in accordance with Regulation (EU) 2023/1543 of the European Parliament and the Council16 . The implementing act adopted pursuant to the first sub-paragraph shall set objective criteria for designating the obligations on lawful interception and legal representatives in accordance with Directive (EU) 2023/1544 of the European Parliament and of the Council17 which shall be set as condition to the EU satellite authorisation.
Text proposed by the Commission16 Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings, OJ L 191, 28.7.2023, pp. 118, ELI: http://data.europa.eu/eli/reg/2023/1543/oj	Amendment16 Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings, OJ L 191, 28.7.2023, pp. 118, ELI: http://data.europa.eu/eli/reg/2023/1543/oj
Text proposed by the Commission17 Directive (EU) 2023/1544 of the European Parliament and of the Council of 12 July 2023 laying down harmonised rules on the designation of designated establishments and the appointment of legal representatives for the purpose of gathering electronic evidence in criminal proceedings, OJ L 191, 28.7.2023, pp. 181, ELI: http://data.europa.eu/eli/dir/2023/1544/oj	Amendment17 Directive (EU) 2023/1544 of the European Parliament and of the Council of 12 July 2023 laying down harmonised rules on the designation of designated establishments and the appointment of legal representatives for the purpose of gathering electronic evidence in criminal proceedings, OJ L 191, 28.7.2023, pp. 181, ELI: http://data.europa.eu/eli/dir/2023/1544/oj

Or. en

Justification

There is no reference to data retention in the Regulation (EU) 2023/1543.

Amendment 342

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 13 – paragraph 5 – subparagraph 1 – point d

Text proposed by the Commission	Amendment
Text proposed by the Commission(d) fulfilment of data retention and lawful interception obligations and obligations related to electronic evidence in criminal procedings in accordance with Regulation (EU) 2023/1543 of the European Parliament and the Council16 . The implementing act adopted pursuant to the first sub-paragraph shall set objective criteria for designating the obligations on data retention and lawful interception and legal representatives in accordance with Directive (EU) 2023/1544 of the European Parliament and of the Council17 which shall be set as condition to the EU satellite authorisation.	Amendment(d) fulfilment of data retention and lawful interception obligations and obligations related to electronic evidence in criminal proceedings in accordance with Regulation (EU) 2023/1543 of the European Parliament and the Council16 . The implementing act adopted pursuant to the first sub-paragraph shall set objective criteria for designating the obligations on data retention and lawful interception and legal representatives in accordance with Directive (EU) 2023/1544 of the European Parliament and of the Council17 which shall be set as condition to the EU satellite authorisation.
Text proposed by the Commission16 Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings, OJ L 191, 28.7.2023, pp. 118, ELI: http://data.europa.eu/eli/reg/2023/1543/oj	Amendment16 Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings, OJ L 191, 28.7.2023, pp. 118, ELI: http://data.europa.eu/eli/reg/2023/1543/oj
Text proposed by the Commission17 Directive (EU) 2023/1544 of the European Parliament and of the Council of 12 July 2023 laying down harmonised rules on the designation of designated establishments and the appointment of legal representatives for the purpose of gathering electronic evidence in criminal proceedings, OJ L 191, 28.7.2023, pp. 181, ELI: http://data.europa.eu/eli/dir/2023/1544/oj	Amendment17 Directive (EU) 2023/1544 of the European Parliament and of the Council of 12 July 2023 laying down harmonised rules on the designation of designated establishments and the appointment of legal representatives for the purpose of gathering electronic evidence in criminal proceedings, OJ L 191, 28.7.2023, pp. 181, ELI: http://data.europa.eu/eli/dir/2023/1544/oj

Or. en

Amendment 343

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 13 – paragraph 5 – subparagraph 1 – point d

Text proposed by the Commission	Amendment
Text proposed by the Commission(d) fulfilment of data retention and lawful interception obligations and obligations related to electronic evidence in criminal procedings in accordance with Regulation (EU) 2023/1543 of the European Parliament and the Council16 . The implementing act adopted pursuant to the first sub-paragraph shall set objective criteria for designating the obligations on data retention and lawful interception and legal representatives in accordance with Directive (EU) 2023/1544 of the European Parliament and of the Council17 which shall be set as condition to the EU satellite authorisation.	Amendment(d) fulfilment of data retention and lawful interception obligations and obligations related to electronic evidence in criminal procedings in accordance with Regulation (EU) 2023/1543 of the European Parliament and the Council16 . The delegated act adopted pursuant to the first sub-paragraph shall set objective criteria for designating the obligations on data retention and lawful interception and legal representatives in accordance with Directive (EU) 2023/1544 of the European Parliament and of the Council17 which shall be set as condition to the EU satellite authorisation.
Text proposed by the Commission16 Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings, OJ L 191, 28.7.2023, pp. 118, ELI: http://data.europa.eu/eli/reg/2023/1543/oj	Amendment16 Regulation (EU) 2023/1543 of the European Parliament and of the Council of 12 July 2023 on European Production Orders and European Preservation Orders for electronic evidence in criminal proceedings and for the execution of custodial sentences following criminal proceedings, OJ L 191, 28.7.2023, pp. 118, ELI: http://data.europa.eu/eli/reg/2023/1543/oj
Text proposed by the Commission17 Directive (EU) 2023/1544 of the European Parliament and of the Council of 12 July 2023 laying down harmonised rules on the designation of designated establishments and the appointment of legal representatives for the purpose of gathering electronic evidence in criminal proceedings, OJ L 191, 28.7.2023, pp. 181, ELI: http://data.europa.eu/eli/dir/2023/1544/oj	Amendment17 Directive (EU) 2023/1544 of the European Parliament and of the Council of 12 July 2023 laying down harmonised rules on the designation of designated establishments and the appointment of legal representatives for the purpose of gathering electronic evidence in criminal proceedings, OJ L 191, 28.7.2023, pp. 181, ELI: http://data.europa.eu/eli/dir/2023/1544/oj

Or. en

Amendment 344

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 13 – paragraph 5 – subparagraph 1 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	AmendmentWhere satellite communications provide services that are comparable, substitutable or functionally equivalent to terrestrial electronic communications services, the “same service, same rules" principle shall apply to preserve fair competition between satellite and terrestrial services.

Or. en

Amendment 345

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 13 – paragraph 5 – subparagraph 2

Text proposed by the Commission	Amendment
Text proposed by the CommissionThose implementing acts referred to in the first sub-paragraph shall be adopted in accordance with the advisory procedure referred to in Article 22(2).	AmendmentThose delegated acts referred to in the first sub-paragraph shall be adopted in accordance with Article 21.

Or. en

Amendment 346

Francesco Torselli

Proposal for a regulation

Article 13 – paragraph 5 – subparagraph 2

Text proposed by the Commission	Amendment
Text proposed by the CommissionThose implementing acts referred to in the first sub-paragraph shall be adopted in accordance with the advisory procedure referred to in Article 22(2).	AmendmentThose implementing acts referred to in the first sub-paragraph shall be adopted in accordance with the examination procedure referred to in Article 22 (3).

Or. en

Justification

The implementing acts adopted pursuant to Article 13(5) determine the conditions governing the authorisation and therefore directly affect both the rights of authorisation holders and the responsibilities of the competent national authorities. They should accordingly be subject to the examination procedure rather than the advisory procedure, thereby ensuring that the committee’s opinion is given its full weight.

Amendment 347

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 13 – paragraph 5 – subparagraph 2 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	AmendmentSatellite-based electronic communications services that are comparable, substitutable or functionally equivalent to terrestrial electronic communications services shall be subject to the same regulatory requirements as the corresponding terrestrial services, so as to ensure a level playing field and fair competition between satellite and terrestrial service providers.

Or. en

Amendment 348

Francesco Torselli

Proposal for a regulation

Article 13 – paragraph 6

Text proposed by the Commission	Amendment
Text proposed by the Commission6. The authorisation referred to in paragraphs 1 and 2 shall not relieve its holder from spectrum coordination and sharing obligations with respect to existing or future satellite networks or satellite communications services in the Union, stemming from the ITU Radio Regulations.	Amendment6. The pan-European authorisation referred to in paragraphs 1 and 2 shall not relieve its holder from spectrum coordination and sharing obligations with respect to existing or future satellite networks or satellite communications services in the Union, stemming from the ITU Radio Regulations.

Or. en

Amendment 349

Pilar del Castillo Vera

Proposal for a regulation

Article 13 – paragraph 7

Text proposed by the Commission

Amendment

7. Where an authorised undertaking providing a commercial MSS system is different from an incumbent, the authorised undertaking shall, upon request by an incumbent, negotiate with the incumbent a solution for the temporary continuation of services existing at the time of adoption of this proposal and described in the call for applications for a maximum of [five] years following the date of authorisation. Such a solution may include shared access to sufficient spectrum under the right of use of the selected applicant. Upon negotiation to be conducted in good faith by both parties, incumbents shall give access to their infrastructure or intellectual property according to FRAND terms and may submit their dispute to arbitration in compliance with Union law and with national law compliant with Union law in compliance with Union law and with national law.

7. Where an authorised undertaking providing a commercial MSS system is different from an incumbent, the authorised undertaking shall, upon request by an incumbent, negotiate with the incumbent a solution for the temporary continuation of services existing at the date of entry into force of this Regulation and described in the call for applications for a maximum of [five] years following the date of authorisation. Such a solution may include shared access to sufficient spectrum under the right of use of the selected applicant, provided that it does not impair the fulfilment by the authorised undertaking of the commitments given in its application and of the milestones set out in the Annex. Upon negotiation to be conducted in good faith by both parties, incumbents shall give access to their infrastructure or intellectual property according to FRAND terms and may submit their dispute to arbitration in compliance with Union law and with national law compliant with Union law.

Or. en

Justification

Three corrections. The reference to "the time of adoption of this proposal" is not a legislative point in time; the entry into force of the Regulation is. The final sentence duplicates the phrase "in compliance with Union law and with national law". Finally, a continuity arrangement should not place the new holder in breach of its own commitments and Annex milestones, which it is bound to honour under Article 15(1)(c) and (e). The amendment preserves the continuity mechanism for incumbents in full.

Amendment 350

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 13 – paragraph 7

Text proposed by the Commission

Amendment

7. Where an authorised undertaking providing a commercial MSS system is different from an incumbent, the authorised undertaking shall, upon a reasoned and justified request by an incumbent, negotiate with the incumbent a solution for the temporary continuation of services existing at the time of adoption of this proposal and described in the call for applications for a maximum of [two] years following the date of authorisation. Such a solution may include shared access to sufficient spectrum under the right of use of the selected applicant. Upon negotiation to be conducted in good faith by both parties, incumbents shall give access to their infrastructure or intellectual property according to FRAND terms and may submit their dispute to arbitration in compliance with Union law and with national law.

Or. en

Amendment 351

Francesco Torselli

Proposal for a regulation

Article 13 – paragraph 7

Text proposed by the Commission

Amendment

Or. en

Justification

Editorial amendment: deletion of duplicative text in the Commission proposal.

Amendment 352

Christophe Grudler

Proposal for a regulation

Article 13 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	AmendmentArticle13a
Text proposed by the Commission	AmendmentAuthorisation for the provision of secure governmental communications services
Text proposed by the Commission	Amendment1. The Commission shall grant the Union authorisation referred to in Article 13(1) for the radio frequencies referred to in Article 4(1a) to the designated service provider or providers selected pursuant to Article 6. That authorisation shall be granted by means of implementing acts adopted in accordance with the examination procedure referred to in Article 22(3).
Text proposed by the Commission	Amendment2. The rights covered by paragraph 1 shall be subject to the conditions referred to in Article 14 and shall incorporate the prioritisation, security and crisis-management mechanisms established under Regulation (EU) 2023/588, giving effect to the rights of the Union under Article 6(2) of that Regulation. In applying Article 13(5), the Commission shall take account of the specific nature of secure governmental communications services and ensure consistency with the security, security accreditation and operational governance requirements established under Regulation (EU) 2023/588. Continued compliance with the applicable eligibility and participation conditions specified pursuant to Article 6(3) shall be a condition of the Union authorisation throughout its duration.
Text proposed by the Commission	Amendment3. The Commission shall ensure that the rights granted pursuant to paragraph 1 allow the designated holders to use the relevant frequencies for testing, experimental and operational validation purposes required for deployment, in accordance with Regulation (EU) 2023/588, the applicable harmonised technical conditions, without prejudice to existing rights of use.

Or. en

Amendment 353

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 13 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	AmendmentArticle 13a
Text proposed by the Commission	AmendmentMarket analysis
Text proposed by the Commission	Amendment1. The Commission shall, in cooperation with the ODN, define relevant markets related to the provision of MSS.
Text proposed by the Commission	Amendment2. The Commission shall determine whether a relevant market is such as to justify the imposition of regulatory obligations.
Text proposed by the Commission	Amendment3. Where the Commission identifies an undertaking to have significant market power and determines that in a relevant market the imposition of regulatory obligations is justified, it shall identify any undertakings which individually or jointly have a significant market power on that relevant market. The Commission shall impose on such undertakings appropriate specific regulatory obligations.
Text proposed by the Commission	Amendment4. Directive (EU) 2018/1972 shall apply mutatis mutandis for the provisions outlined in this article.

Or. en

Amendment 354

Francesco Torselli

Proposal for a regulation

Article 13 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	AmendmentArticle 13a
Text proposed by the Commission	AmendmentAuthorisation for the provision of secure governmental communications services
Text proposed by the Commission	Amendment1. Member States shall authorise the Commission, representing the Union, by granting an exclusive and irrevocable right to use the specific radio frequency identified for the provision of secure governmental communications services referred to in Article 6, and the right to operate a mobile satellite system for that purpose.
Text proposed by the Commission	Amendment2. The rights covered by paragraph 1 shall be subject to the common conditions referred to in Article 14(1).
Text proposed by the Commission	Amendment3. The Commission may use those rights for testing and experimental purposes.

Or. en

Justification

A programme-specific exception applies to the governmental component. The relevant rights are conferred on the Commission on behalf of the Union, while both the commercial authorisation framework and the Member States’ general prerogatives regarding spectrum management remain unaffected.

Amendment 355

Christophe Grudler

Proposal for a regulation

Article 14 – title

Text proposed by the Commission	Amendment
Text proposed by the CommissionConditions for use of the 2 GHz MSS band for the provision of the secure MSS/hybrid system	AmendmentConditions for use of the 2 GHz MSS band for the provision of secure governmental communication services

Or. en

Amendment 356

Francesco Torselli

Proposal for a regulation

Article 14 – title

Text proposed by the Commission	Amendment
Text proposed by the CommissionConditions for use of the 2 GHz MSS band for the provision of the secure MSS/hybrid system	AmendmentConditions for use of the 2 GHz MSS band for the provision of secure governmental communications services

Or. en

Amendment 357

Francesco Torselli

Proposal for a regulation

Article 14 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
Text proposed by the Commission1. The holder of the authorisation for the secure MSS/hybrid system, granted under Article 13(1) as Union authorisation, shall be subject to the following conditions:	Amendment1. The economic operator(s) authorised by the Commission pursuant to Articles 13a and 17(7) for the provision of secure governmental communications services shall be subject to the following conditions:

Or. en

Justification

Editorial amendment aligning Article 14 with the new architecture: the Commission holds the right relating to the governmental component pursuant to Article 13a and may grant operators selected under Article 6 the right to use it.

Amendment 358

Christophe Grudler

Proposal for a regulation

Article 14 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
Text proposed by the Commission1. The holder of the authorisation for the secure MSS/hybrid system, granted under Article 13(1) as Union authorisation, shall be subject to the following conditions:	Amendment1. The economic operator(s) authorised pursuant to Articles 13a for the provision of secure governmental communications services shall be subject to the following conditions:

Or. en

Justification

Aligns the authorisation conditions with secure governmental communications services and the Union authorisation procedure under Article 13a.

Amendment 359

Christophe Grudler

Proposal for a regulation

Article 14 – paragraph 1 – point a

Text proposed by the Commission	Amendment
Text proposed by the Commission(a) to use the spectrum primarily for the provision of a secure MSS or hybrid system;	Amendment(a) to use the spectrum primarily for the provision of a secure governmental communications services under Regulation (EU) 2023/588;

Or. en

Justification

Ensures that the primary use of the reserved spectrum remains consistent with its governmental purpose and the applicable IRIS² framework.

Amendment 360

Francesco Torselli

Proposal for a regulation

Article 14 – paragraph 1 – point a

Text proposed by the Commission	Amendment
Text proposed by the Commission(a) to use the spectrum primarily for the provision of a secure MSS or hybrid system;	Amendment(a) to use the spectrum primarily for the provision of secure governmental communications services;

Or. en

Amendment 361

Francesco Torselli

Proposal for a regulation

Article 14 – paragraph 1 – point b

Text proposed by the Commission	Amendment
Text proposed by the Commission(b) to pay a one-off financial contribution as proposed in its application and annual fees for its rights of use of the 2 GHz MSS band;	Amendmentdeleted

Or. en

Amendment 362

Christophe Grudler

Proposal for a regulation

Article 14 – paragraph 1 – point b

Text proposed by the Commission	Amendment
Text proposed by the Commission(b) to pay a one-off financial contribution as proposed in its application and annual fees for its rights of use of the 2 GHz MSS band;	Amendment(b) to pay annual fees for its rights of use of the 2 GHz MSS band;

Or. en

Justification

Removes the contribution linked to a comparative financial offer that no longer applies with IRIS procurement, while retaining annual spectrum fees.

Amendment 363

Francesco Torselli

Proposal for a regulation

Article 14 – paragraph 1 – point c

Text proposed by the Commission	Amendment
Text proposed by the Commission(c) to provide secure governmental communications services on fair, reasonable and non-discriminatory terms and conditions in all Member States to:	Amendmentdeleted
Text proposed by the Commission(i) a Union or Member State public authority or a body entrusted with the exercise of public authority;
Text proposed by the Commission(ii) a natural or legal person acting on behalf and under the control of an entity referred to in point (i);

Or. en

Justification

Commercial, financial and user-access conditions should be determined through the dedicated procurement procedures and contracts provided for under Regulation (EU) 2023/588, rather than through a parallel spectrum-selection framework.

Amendment 364

Christophe Grudler

Proposal for a regulation

Article 14 – paragraph 1 – point c – introductory part

Text proposed by the Commission	Amendment
Text proposed by the Commission(c) to provide secure governmental communications services on fair, reasonable and non-discriminatory terms and conditions in all Member States to:	Amendment(c) to provide secure governmental communications services in accordance with Articles 9 to 12 of Regulation (EU) 2023/588;

Or. en

Justification

Applies the existing IRIS² rules on authorised users, access and pricing, preventing inconsistencies between governmental service obligations and the programme’s financial framework.

Amendment 365

Christophe Grudler

Proposal for a regulation

Article 14 – paragraph 1 – point c – point i

Text proposed by the Commission	Amendment
Text proposed by the Commission(i) a Union or Member State public authority or a body entrusted with the exercise of public authority;	Amendmentdeleted

Or. en

Justification

Consequential amendment following the reference to Articles 9 to 12 of Regulation (EU) 2023/588 in Article 14(1)(c). Governmental users remain covered by the IRIS² access framework, avoiding a parallel definition of eligible beneficiaries.

Amendment 366

Francesco Torselli

Proposal for a regulation

Article 14 – paragraph 1 – point c – point i

Text proposed by the Commission	Amendment
Text proposed by the Commission(i) a Union or Member State public authority or a body entrusted with the exercise of public authority;	Amendmentdeleted

Or. en

Amendment 367

Ondřej Krutílek

Proposal for a regulation

Article 14 – paragraph 1 – point c – point i

Text proposed by the Commission	Amendment
Text proposed by the Commission(i) a Union or Member State public authority or a body entrusted with the exercise of public authority;	Amendment(i) a Union or Member State public authority or a body entrusted with the exercise of public authority, including bodies of the integrated rescue system (civil protection and emergency services) and the crisis management bodies of the Member States;

Or. en

Amendment 368

Christophe Grudler

Proposal for a regulation

Article 14 – paragraph 1 – point c – point ii

Text proposed by the Commission	Amendment
Text proposed by the Commission(ii) a natural or legal person acting on behalf and under the control of an entity referred to in point (i);	Amendmentdeleted

Or. en

Justification

Aligns the eligibility of persons acting on behalf of public authorities with the government-authorised user framework under Regulation (EU) 2023/588. Removes a redundant category and its reference to deleted point (i)

Amendment 369

Francesco Torselli

Proposal for a regulation

Article 14 – paragraph 1 – point c – point ii

Text proposed by the Commission	Amendment
Text proposed by the Commission(ii) a natural or legal person acting on behalf and under the control of an entity referred to in point (i);	Amendmentdeleted

Or. en

Amendment 370

Francesco Torselli

Proposal for a regulation

Article 14 – paragraph 1 – point d

Text proposed by the Commission	Amendment
Text proposed by the Commission(d) where relevant, to use the available capacity, not used for the full-scale provision of secure governmental communications services, for the provision of commercial MSS services upon demand in accordance with paragraph 2 on the basis of a pre-defined prioritisation process;	Amendment(d) where relevant, to use the available capacity, not required for the full-scale provision of secure governmental communications services, for commercial MSS services, in accordance with the terms of the relevant contract concluded for the provision of those services;

Or. en

Amendment 371

Christophe Grudler

Proposal for a regulation

Article 14 – paragraph 1 – point d

Text proposed by the Commission	Amendment
Text proposed by the Commission(d) where relevant, to use the available capacity, not used for the full-scale provision of secure governmental communications services, for the provision of commercial MSS services upon demand in accordance with paragraph 2 on the basis of a pre-defined prioritisation process;	Amendment(d) where relevant, to use the available capacity, not used for the full-scale provision of secure governmental communications services, for the provision of commercial MSS services upon demand in accordance with paragraph 3a on the basis of a pre-defined prioritisation process;

Or. en

Justification

Preserves the efficient use of available capacity for commercial services, subject to the governmental prioritisation framework established in paragraph 3a

Amendment 372

Francesco Torselli

Proposal for a regulation

Article 14 – paragraph 1 – point e

Text proposed by the Commission	Amendment
Text proposed by the Commission(e) to accept to work on behalf of, or under the control of, the Union or a Member State’s public authority or a body entrusted with exercising a public authority, in accordance with Union law;	Amendmentdeleted

Or. en

Amendment 373

Francesco Torselli

Proposal for a regulation

Article 14 – paragraph 1 – point f

Text proposed by the Commission	Amendment
Text proposed by the Commission(f) to ensure the integration of the secure MSS/hybrid system with the IRIS2 system architecture, in accordance with the specifications of Regulation (EU) 2023/588 and the call for applications;	Amendmentdeleted

Or. en

Amendment 374

Christophe Grudler

Proposal for a regulation

Article 14 – paragraph 1 – point f

Text proposed by the Commission	Amendment
Text proposed by the Commission(f) to ensure the integration of the secure MSS/hybrid system with the IRIS2 system architecture, in accordance with the specifications of Regulation (EU) 2023/588 and the call for applications;	Amendment(f) to ensure the integration of the infrastructure used for the provision of secure governmental communications services with the IRIS² system architecture, in accordance with the specifications of Regulation (EU) 2023/588 and the procurement documents referred to in Article 6(3);

Or. en

Justification

Maintains integration with the IRIS² architecture while locating the relevant specifications in the governmental procurement documents, consistently with the revised selection procedure.

Amendment 375

Francesco Torselli

Proposal for a regulation

Article 14 – paragraph 1 – point g

Text proposed by the Commission	Amendment
Text proposed by the Commission(g) to use the spectrum efficiently while meeting the requirements set out in Articles 7 and 8 as well as milestones 5 and 6 set out in the Annex within the timeframe specified in the application;	Amendment(g) to use the spectrum efficiently;

Or. en

Amendment 376

Christophe Grudler

Proposal for a regulation

Article 14 – paragraph 1 – point g

Text proposed by the Commission	Amendment
Text proposed by the Commission(g) to use the spectrum efficiently while meeting the requirements set out in Articles 7 and 8 as well as milestones 5 and 6 set out in the Annex within the timeframe specified in the application;	Amendment(g) to use the spectrum efficiently and in compliance with the implementation milestones, performance criteria and deployment schedule established pursuant to Regulation (EU) 2023/588 and incorporated into the individual rights of use;

Or. en

Justification

Aligns deployment obligations with IRIS² milestones and incorporates them into the individual rights of use, making them enforceable through spectrum supervision.

Amendment 377

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 14 – paragraph 1 – point h

Text proposed by the Commission	Amendment
Text proposed by the Commission(h) to use the rights of use in a manner that is consistent with the Union’s policies relying on spectrum, by not causing harmful interference to any satellite system authorised in the Union or financed under Union’s programmes;	Amendment(h) to use the rights of use in a manner that is consistent with the Union’s policies relying on spectrum, by not causing harmful interference to, or placing any additional constraints on any satellite or terrestrial system authorised in the Union or financed under Union’s programmes in the same or adjacent bands.

Or. en

Amendment 378

Francesco Torselli

Proposal for a regulation

Article 14 – paragraph 1 – point h

Text proposed by the Commission	Amendment
Text proposed by the Commission(h) to use the rights of use in a manner that is consistent with the Union’s policies relying on spectrum, by not causing harmful interference to any satellite system authorised in the Union or financed under Union’s programmes;	Amendment(h) to use the rights of use in a manner that is consistent with the Union’s policies relying on spectrum, by not causing harmful interference to any satellite system authorised in the Union or financed under Union’s programmes and in accordance with the ITU Radio Regulations;

Or. en

Amendment 379

Francesco Torselli

Proposal for a regulation

Article 14 – paragraph 1 – point i

Text proposed by the Commission	Amendment
Text proposed by the Commission(i) to honour any commitments given in its application or during the comparative selection procedure, irrespective of its phase, for the whole duration of the right of use of spectrum;	Amendmentdeleted

Or. en

Amendment 380

Christophe Grudler

Proposal for a regulation

Article 14 – paragraph 1 – point i

Text proposed by the Commission	Amendment
Text proposed by the Commission(i) to honour any commitments given in its application or during the comparative selection procedure, irrespective of its phase, for the whole duration of the right of use of spectrum;	Amendmentdeleted

Or. en

Justification

Removes an obligation tied to a governmental comparative procedure that no longer exists. Applicable procurement commitments and authorisation conditions remain enforceable under the revised framework.

Amendment 381

Francesco Torselli

Proposal for a regulation

Article 14 – paragraph 1 – point j

Text proposed by the Commission	Amendment
Text proposed by the Commission(j) to exploit activities comprising the operation, maintenance, continuous improvement and protection of the satellite and terrestrial infrastructure, including replenishment and lifecycle management of critical technologies and components;	Amendmentdeleted

Or. en

Amendment 382

Francesco Torselli

Proposal for a regulation

Article 14 – paragraph 1 – point k

Text proposed by the Commission	Amendment
Text proposed by the Commission(k) to implement measures to ensure the protection of EU Classified Information (EUCI) under Article 43 of Regulation (EU) 2021/696;	Amendmentdeleted

Or. en

Amendment 383

Francesco Torselli

Proposal for a regulation

Article 14 – paragraph 1 – point l

Text proposed by the Commission	Amendment
Text proposed by the Commission(l) to provide the Commission and the Communications Committee with an annual report detailing the status of development of their proposed system.	Amendment(l) to provide the Commission and the Communications Committee with an annual report detailing the status of development of the system.

Or. en

Amendment 384

Mélanie Disdier, Julie Rechagneux, Pierre-Romain Thionnet, Aleksandar Nikolic

Proposal for a regulation

Article 14 – paragraph 1 – point l a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment(la) to maintain, throughout the duration of the right of use, a valid security accreditation issued by the Security Accreditation Board in accordance with Article 36 of Regulation (EU) 2021/696; failure to maintain such accreditation shall constitute grounds for suspension or withdrawal of the right of use pursuant to Article 19.

Or. en

Amendment 385

Ondřej Krutílek

Proposal for a regulation

Article 14 – paragraph 1 – point l a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment(la) to guarantee national access for each Member State to the secure governmental communications services provided over the 2 GHz MSS band at all times, including in situations of tension, crisis or other security-related contingencies affecting the Union, in accordance with pre-defined prioritisation procedures

Or. en

Amendment 386

Mélanie Disdier, Julie Rechagneux, Pierre-Romain Thionnet, Aleksandar Nikolic

Proposal for a regulation

Article 14 – paragraph 1 – point l b (new)

Text proposed by the Commission

Amendment

(lb) to ensure that all ground segment infrastructure necessary for the operation of the secure MSS/hybrid system ( including telemetry, tracking and command stations, teleports, network operations centres, and encryption key management servers and equipment) is physically located within the territory of the Member States; and to ensure that data processed through that infrastructure, including data relating to the command, control and operation of the system and sensitive data relating to government communications, is not transferred, stored or processed outside that territory, except where this is strictly necessary for the provision of the service and subject to equivalent security safeguards,

Or. en

Amendment 387

Mélanie Disdier, Julie Rechagneux, Pierre-Romain Thionnet, Aleksandar Nikolic

Proposal for a regulation

Article 14 – paragraph 1 – point l c (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment(lc) to identify, assess and reduce strategic dependencies on suppliers based in third countries for the critical components, technologies and services necessary for the operation of the secure MSS/hybrid system, paying particular attention to suppliers posing a security risk;

Or. en

Amendment 388

Mélanie Disdier, Pierre-Romain Thionnet, Aleksandar Nikolic

Proposal for a regulation

Article 14 – paragraph 1 – point l d (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment(ld) to ensure that data relating to the command, control and operation of the secure MSS/hybrid system, as well as sensitive data relating to government communications processed by that system, are stored and processed within the territory of the Member States, except where this is strictly necessary for the provision of the service and subject to equivalent security safeguards;

Or. en

Amendment 389

Mélanie Disdier, Pierre-Romain Thionnet, Aleksandar Nikolic

Proposal for a regulation

Article 14 – paragraph 1 – point l e (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment(le) to identify, assess and reduce strategic dependencies on suppliers based in third countries for the critical components, technologies and services necessary for the operation of the secure MSS/hybrid system, paying particular attention to suppliers posing a security risk;

Or. en

Amendment 390

Francesco Torselli

Proposal for a regulation

Article 14 – paragraph 2

Text proposed by the Commission	Amendment
Text proposed by the Commission2. The holder of the right of use for the secure MSS/hybrid systems shall always prioritise the provision of secure governmental communications services over the provision of commercial MSS.	Amendmentdeleted
Text proposed by the CommissionIf the holder of the right of use for the secure MSS/hybrid system also obtains a right of use for a commercial MSS system in accordance with Article 4(4), that holder may use the spectrum under both rights in a shared manner for both systems, while preserving unconditional priority of provision of secure governmental communications services.
Text proposed by the CommissionThe provision of commercial MSS shall not be to the detriment of the quality and security of the secure governmental communications services.

Or. en

Justification

The prioritisation of governmental use over any permitted commercial use should be governed by the contractual and crisis-management framework established under Regulation (EU) 2023/588, rather than by a parallel spectrum-authorisation mechanism.

Amendment 391

Francesco Torselli

Proposal for a regulation

Article 14 – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
Text proposed by the CommissionThe holder of the right of use for the secure MSS/hybrid systems shall always prioritise the provision of secure governmental communications services over the provision of commercial MSS.	Amendmentdeleted

Or. en

Amendment 392

Christophe Grudler

Proposal for a regulation

Article 14 – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
Text proposed by the CommissionThe holder of the right of use for the secure MSS/hybrid systems shall always prioritise the provision of secure governmental communications services over the provision of commercial MSS.	Amendmentdeleted

Or. en

Justification

Aligns governmental prioritisation with the contractual and crisis-management framework under IRIS², avoiding parallel rules on priority and the combined use of spectrum rights.

Amendment 393

Francesco Torselli

Proposal for a regulation

Article 14 – paragraph 2 – subparagraph 2

Text proposed by the Commission	Amendment
Text proposed by the CommissionIf the holder of the right of use for the secure MSS/hybrid system also obtains a right of use for a commercial MSS system in accordance with Article 4(4), that holder may use the spectrum under both rights in a shared manner for both systems, while preserving unconditional priority of provision of secure governmental communications services.	Amendmentdeleted

Or. en

Amendment 394

Francesco Torselli

Proposal for a regulation

Article 14 – paragraph 2 – subparagraph 3

Text proposed by the Commission	Amendment
Text proposed by the CommissionThe provision of commercial MSS shall not be to the detriment of the quality and security of the secure governmental communications services.	Amendmentdeleted

Or. en

Amendment 395

Francesco Torselli

Proposal for a regulation

Article 14 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission may withdraw the right of use of spectrum in accordance with Article 19(3), where the Commission establishes that the spectrum is not efficiently used after a period of five years from the date on which the Union authorisation was granted. Efficient use of spectrum in the 2 GHz MSS band shall be defined by the Commission in detailed arrangements for monitoring set out in accordance with Article 19(1).

deleted

Or. en

Justification

The renewal and possible reallocation of the governmental portion are governed separately by new Article 16a.

Amendment 396

Christophe Grudler

Proposal for a regulation

Article 14 – paragraph 3

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

Removes the separate five-year withdrawal trigger in favour of supervision against enforceable IRIS² deployment obligations. Inefficient spectrum use remains subject to monitoring and enforcement.

Amendment 397

Christophe Grudler

Proposal for a regulation

Article 14 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment3a. Prioritisation between governmental and any permitted commercial use shall be governed by the contractual and crisis-management framework under Regulation (EU) 2023/588. Article 15(1), points (g) and (h), shall apply to commercial MSS services provided pursuant to paragraph 1, point (d).

Or. en

Justification

Applies the existing IRIS² prioritisation framework

Amendment 398

Francesco Torselli

Proposal for a regulation

Article 15 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
Text proposed by the Commission1. The holder of the authorisation for a commercial MSS system, granted under Article 13(1), shall be subject to the following conditions:	Amendment1. The holder of the authorisation for a commercial MSS system, granted under Article 13(1) as pan-European authorisation, shall be subject to the following conditions:

Or. en

Amendment 399

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 15 – paragraph 1 – point a

Text proposed by the Commission	Amendment
Text proposed by the Commission(a) to use of the spectrum exclusively for the provision of an MSS system.	Amendment(a) to use the spectrum exclusively for the provision of an MSS system.

Or. en

Amendment 400

Ondřej Krutílek

Proposal for a regulation

Article 15 – paragraph 1 – point c

Text proposed by the Commission	Amendment
Text proposed by the Commission(c) to use the spectrum efficiently while meeting the requirements set out in Articles 10 and 11 as well as milestones 5 and 6 set out in the Annex within the timeframe specified in the application;	Amendment(c) to use the spectrum efficiently and without unnecessary interference with the spectrum used for the terrestrial services while meeting the requirements set out in Articles 10 and 11 as well as milestones 5 and 6 set out in the Annex within the timeframe specified in the application;

Or. en

Amendment 401

Pilar del Castillo Vera

Proposal for a regulation

Article 15 – paragraph 1 – point c

Text proposed by the Commission	Amendment
Text proposed by the Commission(c) to use the spectrum efficiently while meeting the requirements set out in Articles 10 and 11 as well as milestones 5 and 6 set out in the Annex within the timeframe specified in the application;	Amendment(c) to use the spectrum efficiently while meeting the requirements set out in Articles 9 or 10, as applicable, and Article 11 as well as milestones 5 and 6 set out in the Annex within the timeframe specified in the application;

Or. en

Justification

Article 15 applies to all commercial MSS systems, that is to holders selected under Article 4(1), point (b), whose admissibility is governed by Article 9, and under point (c), governed by Article 10. The cross-reference to Article 10 alone omits Union new entrants. Technical correction.

Amendment 402

Mélanie Disdier, Julie Rechagneux, Pierre-Romain Thionnet, Aleksandar Nikolic

Proposal for a regulation

Article 15 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) to use the right in a manner that is consistent with the Union’s policies relying on spectrum, especially by avoiding to risk causing or to cause: harmful interference to any satellite system authorised in the Union or financed under Union’s programmes, and granting access to the 2 GHz MSS band under this right at the request of a competent authority at times of crises, on the basis of a pre-defined prioritisation process;

(d) and to grant, at the request of a competent authority acting under the Union Civil Protection Mechanism established by Decision No 1313/2013/EU or following activation of the solidarity clause under Article 222 of the Treaty on the Functioning of the European Union, priority access to at least 20 % of the system's capacity under this right, on the basis of a pre-defined prioritisation process and subject to adequate compensation of the operator, the modalities of which shall be specified in the call for applications;

Or. en

Amendment 403

Matthias Ecke, Eero Heinäluoma, Sofie Eriksson

Proposal for a regulation

Article 15 – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) to use the right in a manner that is consistent with the Union’s policies relying on spectrum, especially by avoiding to risk causing or to cause: harmful interference to any satellite or terrestrial system authorised in the Union or financed under Union’s programmes, and granting access to the 2 GHz MSS band under this right at the request of a competent authority at times of crises, on the basis of a pre-defined prioritisation process;

Or. en

Justification

D2D satellite service should not cause harmful interference with terrestrial networks.

Amendment 404

Ondřej Krutílek

Proposal for a regulation

Article 15 – paragraph 1 – point g

Text proposed by the Commission	Amendment
Text proposed by the Commission(g) to grant, upon request, wholesale access, under objectively justified, non-discriminatory, proportionate and transparent conditions;	Amendment(g) to grant, upon request, wholesale access, under objectively justified, non-discriminatory, proportionate and transparent conditions and otherwise in compliance with applicable laws, enabling effective competition of the wholesale partner;

Or. en

Amendment 405

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 15 – paragraph 1 – point g

Text proposed by the Commission	Amendment
Text proposed by the Commission(g) to grant, upon request, wholesale access, under objectively justified, non-discriminatory, proportionate and transparent conditions;	Amendment(g) to grant, upon request, wholesale access, under objectively justified, non-discriminatory, reasonable, proportionate and transparent conditions;

Or. en

Amendment 406

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 15 – paragraph 1 – point g

Text proposed by the Commission	Amendment
Text proposed by the Commission(g) to grant, upon request, wholesale access, under objectively justified, non-discriminatory, proportionate and transparent conditions;	Amendment(g) to grant wholesale access, under fair, reasonable, non-discriminatory terms and transparent conditions;

Or. en

Amendment 407

Christophe Grudler

Proposal for a regulation

Article 15 – paragraph 1 – point g

Text proposed by the Commission	Amendment
Text proposed by the Commission(g) to grant, upon request, wholesale access, under objectively justified, non-discriminatory, proportionate and transparent conditions;	Amendment(g) to grant wholesale access under fair, reasonable and non-discriminatory terms and transparent conditions;

Or. en

Justification

Establishes clear FRAND and transparency requirements for wholesale access, supporting fair market access for downstream providers and predictable commercial arrangements.

Amendment 408

Ondřej Krutílek

Proposal for a regulation

Article 15 – paragraph 1 – point h

Text proposed by the Commission	Amendment
Text proposed by the Commission(h) not to conclude exclusive agreements with providers of retail services, where the selected undertaking supplies more than 50% of the wholesale or retail mobile satellite services in a given Member State;	Amendment(h) not to conclude exclusive agreements with providers of retail services;

Or. en

Amendment 409

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 15 – paragraph 1 – point h

Text proposed by the Commission	Amendment
Text proposed by the Commission(h) not to conclude exclusive agreements with providers of retail services, where the selected undertaking supplies more than 50% of the wholesale or retail mobile satellite services in a given Member State;	Amendment(h) not to conclude exclusive agreements with providers of retail services;

Or. en

Amendment 410

Christophe Grudler

Proposal for a regulation

Article 15 – paragraph 1 – point h

Text proposed by the Commission	Amendment
Text proposed by the Commission(h) not to conclude exclusive agreements with providers of retail services, where the selected undertaking supplies more than 50% of the wholesale or retail mobile satellite services in a given Member State;	Amendment(h) not to conclude exclusive agreements with providers of retail services for the MSS provided under the right of use;

Or. en

Justification

Addresses foreclosure risks associated with scarce spectrum without waiting for a 50% market-share threshold. The prohibition is limited to services provided under the MSS right of use.

Amendment 411

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 15 – paragraph 1 – point i

Text proposed by the Commission	Amendment
Text proposed by the Commission(i) to provide to the Commission and the Committee of an annual report detailing the status of development of their proposed system.	Amendment(i) to provide the Commission and the Communications Committee with an annual report detailing the status of development of their proposed system.

Or. en

Amendment 412

Ondřej Krutílek

Proposal for a regulation

Article 15 – paragraph 1 – point i a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment(ia) to comply with the EU laws and EU member state laws, including those relating to critical infrastructure and consumer protection, as well as those relating to state subsidy rules and competition rules, including to enable an equally efficient competitor to compete without public subsidies.

Or. en

Amendment 413

Pilar del Castillo Vera

Proposal for a regulation

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission may withdraw the right of use of spectrum in accordance with Article 19(3), where the Commission establishes that the spectrum is not efficiently used after a period of five years from the date on which the Union authorisation was granted. Efficient use of paired blocks of 5 MHz or portions thereof in the 2 GHz MSS band shall be defined by the Commission in the detailed arrangements for monitoring set out in accordance with Article 19(1), taking into account the deployment schedule committed to in the application, the ramp-up phase of non-geostationary satellite constellations and the specific characteristics of low-data-rate mobile satellite services for the Internet of Things.

Or. en

Justification

The efficient-use test must not penalise new constellations during their scaling phase, nor measure narrowband IoT services against broadband capacity metrics. The amendment anchors the definition of efficient use in the deployment schedule committed to by the applicant, which the holder is in any event bound to honour under Article 15(1)(e), and extends it to portions of shared blocks consistently with Amendments 13 and 14.

Amendment 414

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission may withdraw the right of use of spectrum in accordance with Article 19(3), where the Commission establishes that the spectrum is not efficiently used after a period of five years from date on which the Union authorisation was granted. Efficient use of paired blocks of 5 MHz in the 2 GHz MSS band shall be defined by the Commission in the detailed arrangements for monitoring set out in accordance with Article 19(1), having regard to the deployment timetable set out in the application, the progressive deployment of non-geostationary satellite constellations and the particular characteristics of low-data-rate MSS for Internet of Things applications.

Or. en

Amendment 415

András Gyürk

Proposal for a regulation

Article 15 – paragraph 2

Proposal for a regulation

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission may withdraw the right of use of spectrum in accordance with Article 19(3), where the Commission establishes that the spectrum is not efficiently used after a period of five years from date on which the Union authorisation was granted. Efficient use of paired blocks of 5 MHz in the 2 GHz MSS band shall be defined by the Commission in the detailed arrangements for monitoring set out in accordance with Article 19(1). Where spectrum authorised under this Regulation remains unutilised or underutilised by the holder of the right of use, the Commission may grant secondary access rights to other qualified operators on a temporary, non-interfering basis.

Or. en

Justification

The opportunity to reallocate spectrum that has been formally established as underutilized to other qualified operators, shall be established to ensure that unused capacity continues to deliver value for European users rather than remaining idle.

Amendment 416

Francesco Torselli

Proposal for a regulation

Article 15 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission may issue an order for the withdrawal of the right of use of spectrum in accordance with Article 19(3), where the Commission establishes that the spectrum is not efficiently used after a period of five years from date on which the pan-European authorisation was granted. Efficient use of paired blocks of 5 MHz in the 2 GHz MSS band shall be defined by the Commission in the detailed arrangements for monitoring set out in accordance with Article 19(1).

Or. en

Justification

Since the authorisation is granted by the competent national authorities, the Commission cannot withdraw it directly. However, the substantive assessment and the decision to withdraw remain with the Commission, which issues a withdrawal order to be implemented by the national authorities pursuant to Articles 17(6) and 19(3).

Amendment 417

Christophe Grudler

Proposal for a regulation

Article 16 – title

Text proposed by the Commission	Amendment
Text proposed by the CommissionDuration and renewal of rights of use	AmendmentDuration and renewal of rights of use for commercial MSS services

Or. en

Amendment 418

Francesco Torselli

Proposal for a regulation

Article 16 – title

Text proposed by the Commission	Amendment
Text proposed by the CommissionDuration and renewal of rights of use	AmendmentDuration and renewal of rights of use for commercial MSS systems

Or. en

Amendment 419

Christophe Grudler

Proposal for a regulation

Article 16 – paragraph 1

Text proposed by the Commission

Amendment

1. The duration of the right of use of the 2 GHz MSS band shall be determined by the Commission in accordance with Articles 14(1) and 15(1). The duration shall be 20 years.

1. The duration of the right of use of the 2 GHz MSS band shall be determined by the Commission in accordance with Article 15(1). The duration shall be 20 years. Ten years after the effective date of the rights of use, the Commission shall review compliance with the authorisation conditions, efficient spectrum use and the effects on competition, without prejudice to Article 19. That review shall not, in itself, shorten or renew the rights of use.

Or. en

Justification

Preserves investment predictability through a twenty-year commercial term, while introducing a ten-year review of compliance, spectrum efficiency and competition without automatically changing that term.

Amendment 420

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 16 – paragraph 1

Text proposed by the Commission	Amendment
Text proposed by the Commission1. The duration of the right of use of the 2 GHz MSS band shall be determined by the Commission in accordance with Articles 14(1) and 15(1). The duration shall be 20 years.	Amendment1. The duration of the right of use of the 2 GHz MSS band shall be determined by the Commission in accordance with Articles 14(1) and 15(1). The duration shall be maximum 20 years.

Or. en

Amendment 421

Francesco Torselli

Proposal for a regulation

Article 16 – paragraph 1

Text proposed by the Commission	Amendment
Text proposed by the Commission1. The duration of the right of use of the 2 GHz MSS band shall be determined by the Commission in accordance with Articles 14(1) and 15(1). The duration shall be 20 years.	Amendment1. The duration of the right of use of the 2 GHz MSS band shall be determined by the Commission in accordance with Articles 15(1). The duration shall be 20 years.

Or. en

Amendment 422

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 16 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment2a. At least five years before the expiry of the initial 20-year period referred to in paragraph 1, the Commission shall assess whether the regulatory framework applicable to the use of the 2 GHz MSS band remains appropriate in light of technological, market and other relevant developments.

Or. en

Amendment 423

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 16 – paragraph 2 b (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment2b. Where, following the assessment referred to in paragraph 2a, the Commission considers that the regulatory framework requires review, it shall, at least five years before the expiry of the initial 20-year period, submit a proposal for the revision of this Regulation, as appropriate.

Or. en

Amendment 424

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 16 – paragraph 3

Text proposed by the Commission

Amendment

3. The right of use of 2 GHz MSS band shall be renewed once for a similar duration and with similar conditions upon request by its holder.

3. Where the Commission considers, following the assessment referred to in paragraph 3, that no review of the regulatory framework is necessary, the right of use of 2 GHz MSS band shall be renewed once for a similar duration and with similar conditions upon request by its holder, unless the Commission decides, at least five years before the expiry of the right of use, that the right of use should not be renewed for one or more of the reasons set out in paragraph 4.

The renewal shall be adopted by means of a delegated act.

Or. en

Amendment 425

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 16 – paragraph 3

Text proposed by the Commission	Amendment
Text proposed by the Commission3. The right of use of 2 GHz MSS band shall be renewed once for a similar duration and with similar conditions upon request by its holder.	Amendment3. Every 5 years after the grant of the authorisation, the Office for Digital Networks (ODN) shall perform a mandatory comprehensive review of the operator’s compliance with coverage milestones, spectrum efficiency benchmarks, and mandatory wholesale access obligations.

Or. en

Amendment 426

Ondřej Krutílek

Proposal for a regulation

Article 16 – paragraph 3

Text proposed by the Commission	Amendment
Text proposed by the Commission3. The right of use of 2 GHz MSS band shall be renewed once for a similar duration and with similar conditions upon request by its holder.	Amendment3. The right of use of 2 GHz MSS band shall may be renewed once upon request by its holder. Any renewal of the right of use of the 2 GHz MSS band shall be subject to a review of the conditions taking into account technological and economic developments.

Or. en

Amendment 427

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 16 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment3a. Where the mandatory review reveals that an operator has failed to achieve its milestone commitments, has used the spectrum inefficiently, or has defaulted on its wholesale access obligations, the Commission, upon recommendation from the ODN, shall reduce the remaining duration of the authorisation to a total lifetime of 10 or 15 years.

Or. en

Amendment 428

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 16 – paragraph 3 b (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment3b. Where an authorisation period is reduced pursuant to paragraph 3a or voluntarily surrendered as part of an agreed spectrum efficiency plan, the operator shall be entitled to a pro-rata reimbursement of original auction fees, minus administrative costs and statutory penalties, calculated strictly for the unexpired remaining years.

Or. en

Amendment 429

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 16 – paragraph 3 c (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment3c. Member States and the ODN shall reallocate any revoked, reduced, or surrendered spectrum without delay.

Or. en

Amendment 430

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 16 – paragraph 4 – introductory part

Text proposed by the Commission

Amendment

4. The Commission may decide, at least five years before the expiry of the right of use, not to renew the right of use but let it expire. Before that expiry and in order to ensure continuity of the service, the Commission shall organise an open, transparent and non-discriminatory selection and authorisation procedure in order to grant new rights, or to renew the existing rights subject to a different duration or to different conditions for one or several of the following reasons:

4. Before the end of the authorisation period and in order to ensure continuity of the service, the Commission shall organise an open, transparent and non-discriminatory selection and authorisation procedure in order to grant new rights, or to renew the existing rights subject to a different duration or to different conditions for one or several of the following reasons:

Or. en

Amendment 431

Francesco Torselli

Proposal for a regulation

Article 16 – paragraph 5

Text proposed by the Commission	Amendment
Text proposed by the Commission5. The decision of renewal shall be accompanied by a review of the annual fees and one-off financial contributions for the use of the 2 GHz MSS band.	Amendment5. The decision of renewal may be accompanied by a review of the annual fees by the Member States and of the one-off financial contributions established by the Union for the use of the 2 GHz MSS band.

Or. en

Justification

Replacing ‘shall’ with ‘may’ ensures that a review of the financial terms is not an automatic and mandatory consequence of every renewal decision. Such an obligation would create uncertainty for authorisation holders precisely when continuity of service is being secured.

Amendment 432

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 16 – paragraph 5

Text proposed by the Commission	Amendment
Text proposed by the Commission5. The decision of renewal shall be accompanied by a review of the annual fees and one-off financial contributions for the use of the 2 GHz MSS band.	Amendment5. The decision of renewal referred to in paragraph 3 shall be accompanied by a review of the annual fees and one-off financial contributions for the use of the 2 GHz MSS band.

Or. en

Amendment 433

Christophe Grudler

Proposal for a regulation

Article 16 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	AmendmentArticle 16a
Text proposed by the Commission	AmendmentDuration and renewal of rights of use for the provision of secure governmental communications services
Text proposed by the Commission	Amendment1. The right of use of the 2 GHz MSS band for the provision of secure governmental communications services shall be granted for a term aligned with the remaining duration of the underlying contract or concession concluded pursuant to Regulation (EU) 2023/588, up to a maximum initial term of 20 years. Article 16(2) to (5) shall not apply to those rights.
Text proposed by the Commission	Amendment2. Two years prior to the expiry of the duration referred to in paragraph 1, the Commission, after assessing the efficient use of the spectrum and the continued need for governmental services under Regulation (EU) 2023/588, may decide to renew the rights of use, subject to continued compliance with Articles 6, 13a and 14 and the existence of a valid underlying contract or concession. The renewal shall not exceed the remaining duration of that contract or concession, up to a maximum of 20 years. That decision shall be adopted by means of implementing acts in accordance with the examination procedure referred to in Article 22(3). The Commission shall accordingly renew the individual rights of use granted under Article 13a.
Text proposed by the Commission	Amendment3. Where the rights of use are not renewed in accordance with paragraph 2, the Commission shall assess whether the portion of the band remains necessary for secure governmental communications services. Where it is no longer necessary for that purpose, the Commission may submit a legislative proposal for its reassignment to commercial MSS systems through a selection procedure in line with Articles 9 to 12. Until any such legislative amendment takes effect, the reservation under Article 4(1a) shall remain in force. The Commission shall ensure continuity of governmental services in accordance with Article 19(7) of Regulation (EU) 2023/588 and the applicable procurement rules.

Or. en

Justification

Aligns governmental spectrum rights with the remaining duration of the underlying contract, makes renewal conditional on continued governmental need, efficient use, compliance and a valid contract. Distinguishes the expiry of an operator’s rights from the continued need for governmental spectrum.

Amendment 434

Francesco Torselli

Proposal for a regulation

Article 16 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	AmendmentArticle 16a
Text proposed by the Commission	AmendmentDuration and renewal of rights of use for the provision of secure governmental communications services
Text proposed by the Commission	Amendment1. The right of use of the 2 GHz MSS band for the provision of secure governmental communications services shall be granted for an initial term of 20 years.
Text proposed by the Commission	Amendment2. Two years prior to the expiry of the initial term or of any subsequent authorisation, the Commission shall request an extension from the Member States, demonstrating the efficient use of the authorisation.
Text proposed by the Commission	Amendment3. Where the authorisation is not renewed in accordance with paragraph 2, the portion of the band allocated to secure governmental communications services may be reassigned or reallocated for use by commercial MSS systems. The Commission shall decide, by means of implementing acts, on the detailed procedure for such reassignment or reallocation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3).

Or. en

Justification

A separate regime governing the duration and renewal of the rights relating to the governmental portion is required because those rights are no longer granted through the commercial selection procedure. The possibility of reallocation prevents the spectrum from remaining unused over the long term if governmental use ceases or is not renewed.

Amendment 435

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 17 – paragraph 1

Text proposed by the Commission	Amendment
Text proposed by the Commission1. The rights of use for commercial MSS systems may be transferred only to undertakings which fulfil the admissibility and eligibility criteria and the authorisation conditions.	Amendment1. The rights of use for commercial MSS systems may be transferred or leased only to undertakings which fulfil the admissibility and eligibility criteria and the authorisation conditions applicable to the rights concerned.
Text proposed by the Commission	AmendmentBy way of derogation, rights of use granted pursuant to Article 4(1), first subparagraph, point (b), may be transferred or leased only to undertakings meeting the admissibility requirements laid down in Article 9.

Or. en

Amendment 436

Pilar del Castillo Vera

Proposal for a regulation

Article 17 – paragraph 1

Text proposed by the Commission

Amendment

1. The rights of use for commercial MSS systems may be transferred only to undertakings which fulfil the admissibility and eligibility criteria and the authorisation conditions.

1. The rights of use for commercial MSS systems may be transferred or leased only to undertakings which fulfil the admissibility and eligibility criteria and the authorisation conditions applicable to the right of use concerned. Rights of use granted under Article 4(1), first subparagraph, point (b), may be transferred or leased only to undertakings which fulfil the admissibility requirements set out in Article 9.

Or. en

Justification

Article 17(6) protects the tranche structure against changes of control: the criteria of Articles 6 to 12 must remain fulfilled "as applicable", and the right of use is withdrawn if they are not. Article 17(1) does not offer the same clarity for transfers: it requires the transferee to meet "the admissibility and eligibility criteria" without specifying which of the two commercial regimes applies (Article 9 for Union new entrants, Article 10 for the open tranche), and it does not extend that requirement to leases, which Article 17(3) to (5) otherwise treat in the same way as transfers. Read together with Article 10, a right of use reserved to a Union new entrant could be transferred or leased to any applicant eligible for the open tranche. The amendment ties the transferee or lessee to the criteria of the tranche under which the right was granted, consistent with Recital 32.

Amendment 437

Francesco Torselli

Proposal for a regulation

Article 17 – paragraph 2

Text proposed by the Commission	Amendment
Text proposed by the Commission2. Rights of use for the provision of secure MSS/hybrid systems may not be transferred.	Amendmentdeleted

Or. en

Justification

The Commission holds the right relating to the governmental component pursuant to Article 13a. Economic operators may use that right through sublicensing, rather than through the transfer of a spectrum right held by a selected operator.

Amendment 438

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 17 – paragraph 2

Text proposed by the Commission	Amendment
Text proposed by the Commission2. Rights of use for the provision of secure MSS/hybrid systems may not be transferred.	Amendment2. Rights of use for the provision of secure MSS/hybrid systems may not be transferred nor leased.

Or. en

Amendment 439

Matthias Ecke, Eero Heinäluoma, Sofie Eriksson

Proposal for a regulation

Article 17 – paragraph 2

Text proposed by the Commission	Amendment
Text proposed by the Commission2. Rights of use for the provision of secure MSS/hybrid systems may not be transferred.	Amendment2. Rights of use for the provision of secure MSS/hybrid systems may not be transferred or leased.

Or. en

Justification

The exclusion of the possibility of leasing of rights of use for provision of secure MSS/hybrid systems is also specifically addressed in the wording of the provision, similarly to the name of the article.

Amendment 440

Christophe Grudler

Proposal for a regulation

Article 17 – paragraph 2

Text proposed by the Commission	Amendment
Text proposed by the Commission2. Rights of use for the provision of secure MSS/hybrid systems may not be transferred.	Amendment2. The rights of use granted pursuant to Article 13a shall not be transferred or leased.

Or. en

Amendment 441

Francesco Torselli

Proposal for a regulation

Article 17 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3a. The Commission shall notify any intention to transfer or lease notified under paragraph 3 to the Member States without delay, together with the information necessary for its assessment. Within 30 working days from that notification, each Member State may deliver a reasoned opinion to the Commission stating whether the proposed transfer or lease is liable to adversely affect rights or interests for which it is responsible, in particular as regards national security, public policy, the continuity of the services provided in its territory or the effective use of the radio spectrum therein. Where a Member State does not deliver an opinion within that period, it shall be deemed to have no objection. The Commission shall take the utmost account of the opinions delivered under this paragraph when taking its decision under paragraph 4. Where the Commission departs from an opinion delivered by a Member State, it shall state the reasons therefor in its decision.

Or. en

Justification

Paragraph 3a establishes a structured framework for Member State involvement in decisions concerning the transfer or lease of rights of use. Such transfers or leases may affect interests for which the Member States remain responsible, whereas the grounds listed in paragraph 4 address those interests only from the Union perspective.

The mechanism is deliberately not designed as a right of veto. Each Member State may submit a reasoned opinion within a binding time limit, while the final decision remains with the Commission. The Commission must take the utmost account of the opinions received and provide reasons for any departure from them. Failure to respond within the prescribed period is deemed to constitute an absence of objection, ensuring that inaction cannot be used to block a transfer or lease.

The obligation to state reasons makes the Commission’s consideration of the opinions transparent, verifiable and, where appropriate, subject to review. This ensures meaningful Member State involvement rather than merely formal consultation.

Amendment 442

Francesco Torselli

Proposal for a regulation

Article 17 – paragraph 4 – introductory part

Text proposed by the Commission	Amendment
Text proposed by the Commission4. The Commission shall take a decision to authorise the transfer or lease of rights of use for a commercial mobile satellite system, except where:	Amendment4. The Commission shall take a decision to authorise the transfer or lease of rights of use for a commercial mobile satellite system, taking the utmost account of the opinions delivered pursuant to paragraph 3a, except where:

Or. en

Justification

The chapeau of paragraph 4 links the Member States’ opinions directly to the decision-making process, ensuring that they form an integral part of the Commission’s assessment rather than a separate preliminary step.

Amendment 443

Mélanie Disdier, Julie Rechagneux, Pierre-Romain Thionnet, Aleksandar Nikolic

Proposal for a regulation

Article 17 – paragraph 4 – point c

Text proposed by the Commission

Amendment

(c) there is a risk for the Union's sovereignty, resilience, security or defence; such a risk shall be deemed to exist, in particular, where the acquiring undertaking is directly or indirectly controlled, within the meaning of Article 2(19), by natural or legal persons of a third country holding, individually or jointly, 25 % or more of the capital or of the voting rights of that undertaking, unless the acquiring undertaking demonstrates compliance with the admissibility requirements set out in Article 9(1), points (b) to (f), or Article 10(1), points (c) to (e), as applicable;

Or. en

Amendment 444

Francesco Torselli

Proposal for a regulation

Article 17 – paragraph 4 – point e

Text proposed by the Commission	Amendment
Text proposed by the Commission(e) the spectrum cap of Article 4(3) is already attained.	Amendment(e) the spectrum cap of Article 4(3) is already attained;

Or. en

Amendment 445

Francesco Torselli

Proposal for a regulation

Article 17 – paragraph 4 – point e a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment(ea) a reasoned opinion, delivered pursuant to paragraph 3a, identifies a risk to national security, to public policy or to the continuity of the services provided in the territory of a Member State, which cannot be addressed by attaching appropriate conditions to the decision.

Or. en

Justification

Paragraph 4 sets out an exhaustive list of the grounds on which the Commission may refuse to authorise a transfer or lease. As those grounds are framed solely by reference to the interests of the Union, a corresponding ground is necessary to enable the Commission to give effect to the opinions of the Member States; otherwise, the obligation to take the utmost account of those opinions would be deprived of practical effect. The additional ground is available to, but does not bind, the Commission. The Commission retains responsibility for assessing the risk and determining whether it may be adequately addressed by imposing appropriate conditions.

Amendment 446

Francesco Torselli

Proposal for a regulation

Article 17 – paragraph 5

Text proposed by the Commission

Amendment

5. From the date of the transfer or lease, the transferee or lessee shall be bound by the original conditions attached to the right of use, and the commitments given by the original holder of the right of use during the selection procedure. The right of use shall not be used for the provision of a service to end-users which is different than the service originally intended in the application, unless authorised by the Commission.

Or. en

Justification

A change in the type of service provided to end-users is liable to affect the interests of the Member States to the same extent as a transfer or lease. The same opinion procedure is therefore extended to the authorisation provided for in this paragraph, by cross-reference and without repeating its terms.

Amendment 447

Mélanie Disdier, Julie Rechagneux, Pierre-Romain Thionnet, Aleksandar Nikolic

Proposal for a regulation

Article 17 – paragraph 6

Text proposed by the Commission

Amendment

6. Any agreement implying change of control of a selected undertaking shall be notified to the Commission prior to taking legal effect and shall be subject to the approval of the Commission. The Commission shall withdraw the right of use, where, as a consequence of the change of control any of the requirements or criteria of Articles 6 to 12, as applicable, are no longer fulfilled. The same threshold referred to in paragraph 4, point (c), shall apply, mutatis mutandis, for the purpose of assessing whether a change of control referred to in the first subparagraph affects compliance with the requirements or criteria of Articles 6 to 12.

Or. en

Amendment 448

Francesco Torselli

Proposal for a regulation

Article 17 – paragraph 6

Text proposed by the Commission

Amendment

6. Any agreement implying change of control of a selected undertaking shall be notified to the Commission prior to taking legal effect and shall be subject to the approval of the Commission. Where, as a consequence of the change of control, any of the requirements or criteria of Articles 6 to 12, as applicable, are no longer fulfilled, the Commission shall issue an order for the withdrawal of the right of use. That order shall be addressed to the Member States and shall be applied by the national competent authorities to the authorisations granted pursuant to Article 13, within the time limit set in the order.

Or. en

Justification

Since the authorising act is adopted by the competent national authorities, the Commission cannot directly withdraw an authorisation that it has not itself granted. The provision is therefore recast so that the Commission issues a withdrawal order, which the Member States must implement in respect of the authorisations granted pursuant to Article 13.

Substantive uniformity is fully preserved: the assessment and the decision on the merits remain with the Commission, while the national authorities implement that decision without discretion and within the time limit set by the Commission.

Amendment 449

Christophe Grudler

Proposal for a regulation

Article 17 – paragraph 6

Text proposed by the Commission

Amendment

Or. en

Amendment 450

Francesco Torselli

Proposal for a regulation

Article 17 – paragraph 6 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment6a. For the portion of the 2 GHz MSS band reserved for secure governmental communications services, the Commission may grant a sublicense to the economic operators selected pursuant to Article 6.

Or. en

Justification

This provides the legal mechanism enabling operators selected through the dedicated procurement procedure to use the governmental portion, while the underlying right remains vested in the Commission on behalf of the Union.

Amendment 451

Francesco Torselli

Proposal for a regulation

Article 18 – title

Text proposed by the Commission	Amendment
Text proposed by the CommissionContributions and fees for rights of use of the 2 GHz MSS band	AmendmentContributions and fees for rights of use of the 2 GHz MSS band for commercial MSS systems

Or. en

Justification

The financial contributions and spectrum fees provided for in Article 18 should apply only to commercial rights. The funding of secure governmental communications is governed separately by Article 6 of Regulation (EU) 2023/588.

Amendment 452

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

1. A holder of a right of use of the 2 GHz MSS band shall pay an one-off financial contribution reflecting the value of the right for the applicant and ensuring the efficient allocation of the spectrum. The proposed amount of the contribution must be specified in the application. Upon request, the Commission may allow that the payment of the one-off financial contribution is made in instalments.

1. A holder of a right of use of the 2 GHz MSS band shall pay a one-off financial contribution reflecting the value of the right for the applicant and ensuring the efficient allocation of the spectrum. Applicants shall specify in their application the amount of the one-off financial contribution they propose to pay, which shall not be lower than the minimum level determined by the Commission pursuant to paragraph 2. Upon request, the Commission may allow that the payment of the one-off financial contribution is made in instalments.

Or. en

Amendment 453

Francesco Torselli

Proposal for a regulation

Article 18 – paragraph 1

Text proposed by the Commission

Amendment

1. A holder of a right of use of the 2 GHz MSS band shall pay an one-off financial contribution reflecting the value of the right for the applicant and ensuring the efficient allocation of the spectrum. That contribution shall be determined and collected at Union level. The proposed amount of the contribution must be specified in the application. Upon request, the Commission may allow that the payment of the one-off financial contribution is made in instalments.

Or. en

Justification

The one-off financial contribution is retained at Union level. It constitutes consideration for the award resulting from a single comparative selection procedure conducted at Union level and is itself a selection criterion under Articles 8(1) and 12(1). It is therefore appropriate for that contribution to be determined and collected centrally.

By contrast, annual fees associated with the right of use should be levied and collected, on the basis of harmonised criteria, by the competent national authority that granted the authorisation. A clear distinction should be drawn between the share allocated to the Union—including for the financing of the Office of Digital Networks—and the amounts retained by the Member State to recover administrative and monitoring costs.

Amendment 454

Pilar del Castillo Vera

Proposal for a regulation

Article 18 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission shall determine the minimal level of the one-off financial contribution, in order to ensure the efficient allocation of the 2 GHz MSS band as well as the effective investment and deployment of mobile satellite systems and services. Applicants shall take into account this minimum level in their applications. The minimum level of the one-off contribution may be different for commercial MSS systems and for the secure MSS/hybrid system, and may be set at zero. It shall be proportionate to the amount of spectrum requested, including portions of a shared paired block of 5 MHz, and shall be set at a level that does not deter the participation of small and medium-sized enterprises and of Union new entrants.

Or. en

Justification

Recital 29 states that applicants should be selected "predominantly on the basis of the quality, and innovation capacity of their offers" and "not by the amount offered as a financial contribution". Recital 36 contemplates a zero minimum only for the secure tranche. A high minimum contribution for commercial blocks would act as an entry barrier for the very Union new entrants the Regulation seeks to attract, and would be disproportionate for applicants requesting portions of a shared block. The amendment makes the zero floor available for all tranches, requires proportionality to the spectrum requested, and protects SME participation, without preventing the Commission from setting a positive minimum where justified.

Amendment 455

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 18 – paragraph 2

Text proposed by the Commission

Amendment

2. The Commission shall determine the minimal level of the one-off financial contribution, in order to ensure the efficient allocation of the 2 GHz MSS band as well as the effective investment and deployment of mobile satellite systems and services. Applicants shall take into account this minimum level in their applications. The minimum level of the one-off contribution may be different for commercial MSS systems and for the secure MSS/hybrid system. The weighting of the proposed amount of the one-off financial contribution in the comparative selection procedure shall not exceed 5% of the total weighting of the selection criteria.

Or. en

Amendment 456

Francesco Torselli

Proposal for a regulation

Article 18 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission shall collect the one-off financial contributions by a decision that may be addressed to the selected applicants. The total amount of all one-off financial contributions shall be allocated to support the objectives of digital leadership under the Regulation (EU) [ref] establishing the European Competitiveness Fund[footnote], or its successors. The one-off financial contribution shall constitute external assigned revenue in accordance with Article [5(1)] of Regulation (EU) [XXX] of the European Parliament and of the Council establishing the European Competitiveness Fund and Article 21(5) of Regulation (EU, Euratom) 2024/250918 . That decision shall identify separately any share of the one-off financial contribution intended to cover the operational costs of the Office of Digital Networks. No part of the one-off financial contribution shall be used to cover the costs incurred by the national competent authorities in the performance of the tasks conferred on them by this Regulation.

18 Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union, OJ L, 2024/2509, ELI: http://data.europa.eu/eli/reg/2024/2509/oj

Or. en

Justification

This amendment introduces a transparency requirement concerning the allocation of the sums collected. The share allocated to the Union for the financing of the Office of Digital Networks must be identified separately from the outset, so that it can be clearly distinguished from the amounts retained by the Member States under paragraphs 4 and 5 to cover supervision and management costs. This distinction also prevents the same cost from being charged twice.

Amendment 457

Francesco Torselli

Proposal for a regulation

Article 18 – paragraph 4

Text proposed by the Commission

Amendment

4. All holders of rights of use of the 2 GHz MSS band shall pay an annual fee. The Commission shall set the annual fees per spectrum block or parts thereof to reflect the actual value of the right of use to contribute to the efficient use of the 2 GHz MSS band. Annual fees shall cover at least the costs related to management, control and enforcement of the general authorisation and the spectrum procedures and authorisation measures at Union level, including the cost of authorisation conditions, monitoring and compliance as well as including costs sustained by any Union body supporting the Commission in spectrum management.

4. All holders of rights of use of the 2 GHz MSS band shall pay an annual fee in each Member State in which they hold a pan-European authorisation. The annual fee shall be calculated per spectrum block or parts thereof in accordance with the harmonised criteria and the common methodology determined pursuant to paragraph 6, so as to reflect the actual value of the right of use and to contribute to the efficient use of the 2 GHz MSS band. Annual fees shall cover at least the costs related to management, control and enforcement of the general authorisation and the spectrum procedures and authorisation measures at Union and national level, including the cost of authorisation conditions, monitoring and compliance as well as including costs sustained by any Union body supporting the Commission in spectrum management. The annual fee shall be levied and collected by the national competent authority which granted the pan-European authorisation, in accordance with Article 42 of Directive (EU) 2018/1972.

Or. en

Justification

Annual fees associated with the right of use are to be collected, on the basis of harmonised criteria, by the competent national authority that granted the authorisation. The harmonisation of the criteria and methodology under paragraph 6 ensures uniform economic treatment throughout the Union and prevents distortions between Member States. At the same time, responsibility for collection remains linked to the grant of the authorisation and reflects the national prerogative recognised in new recital (22a) and Article 42 of the Code.

Amendment 458

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 18 – paragraph 4

Text proposed by the Commission

Amendment

4. All holders of rights of use of the 2 GHz MSS band shall pay a proportionate and cost related annual fee. The Commission shall set the annual fees per spectrum block or parts thereof to reflect the actual value of the right of use to contribute to the efficient use of the 2 GHz MSS band. Annual fees shall cover at least the costs related to management, control and enforcement of the general authorisation and the spectrum procedures and authorisation measures at Union level, including the cost of authorisation conditions, monitoring and compliance as well as including costs sustained by any Union body supporting the Commission in spectrum management.

Or. en

Amendment 459

Matthias Ecke, Eero Heinäluoma, Sofie Eriksson

Proposal for a regulation

Article 18 – paragraph 4

Text proposed by the Commission

Amendment

4. All holders of rights of use of the 2 GHz MSS band shall pay a proportionate and cost-related annual fee. The Commission shall set the annual fees per spectrum block or parts thereof to reflect the actual value of the right of use to contribute to the efficient use of the 2 GHz MSS band. Annual fees shall cover at least the costs related to management, control and enforcement of the general authorisation and the spectrum procedures and authorisation measures at Union level, including the cost of authorisation conditions, monitoring and compliance as well as including costs sustained by any Union body supporting the Commission in spectrum management.

Or. en

Amendment 460

Francesco Torselli

Proposal for a regulation

Article 18 – paragraph 5

Text proposed by the Commission

Amendment

5. The Commission or any Union body supporting the Commission in spectrum management shall collect the annual fees as set out by one or more decisions that may be addressed to the selected holders. The revenues generated by the annual fees shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) 2024/2509. Those revenues shall be assigned to cover the estimated administrative costs related to management, control and enforcement of the general authorisation and to the spectrum procedures and authorisation measures at Union level, including monitoring and compliance. Any revenue remaining after covering these costs shall be assigned to the Union bugdet.

5. The national competent authorities shall collect the annual fees in accordance with paragraph 4, to cover the costs it incurs for the management, control and enforcement of the general authorisation and of the rights of use in its territory, including the costs of monitoring, supervision and compliance.

Or. en

Justification

A clear distinction should be drawn between the share allocated to the Union—including for the financing of the Office of Digital Networks—and the amounts retained by the Member State to cover supervision and management costs. The original wording of the proposal allocates all revenue to the Union while making no provision for the costs of national monitoring, enforcement and interference management, even though the proposal itself assigns those responsibilities to the national authorities.

Amendment 461

Francesco Torselli

Proposal for a regulation

Article 18 – paragraph 6

Text proposed by the Commission

Amendment

6. By [12 month after the date of entry into force of this Regulation] the Commission shall, by a delegated act, determine the methodology for setting the minimum levels of the one-off financial contribution and the amount of annual fees, as well as other relevant details related to the establishment, collection, review, assignment and, if needed, management of funds. The harmonised criteria shall ensure transparency and predictability for operators and may allow Member States to allocate the share of revenue retained at national level to projects supporting connectivity, digital public services and the resilience of communication networks, in accordance with Union law. The delegated act shall also specify the precise Union budgetary treatment of the revenue and its type of assignment to a particular expenditure. The delegated act shall in addition determine the harmonised criteria for the calculation of the annual fee and the method for apportioning it among the Member States. It shall be adopted following an effective and substantial involvement of the Member States in accordance with Article 21(4).

Or. en

Justification

The harmonised criteria and the apportionment methodology are essential to ensuring uniform treatment throughout the Union. They should therefore be established at Union level, with the effective involvement of the Member States.

Furthermore, the fee framework should not prevent Member States from allocating part of the revenue retained at national level to connectivity and digital-transformation initiatives, such as broadband deployment in underserved areas or secure connectivity for public administrations. This reflects the use of spectrum-fee revenue under many national frameworks. The clause is permissive rather than mandatory, thereby preserving both the harmonisation objective and the Member States’ budgetary autonomy.

Amendment 462

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 18 – paragraph 6

Text proposed by the Commission

Amendment

6. By [6 month after the date of entry into force of this Regulation] the Commission shall, by a delegated act, determine the methodology for setting the minimum levels of the one-off financial contribution and the amount of annual fees, as well as other relevant details related to the establishment, collection, review, assignment and, if needed, management of funds. The delegated act shall also specify the precise Union budgetary treatment of the revenue and its type of assignment to a particular expenditure.

Or. en

Amendment 463

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 18 – paragraph 7

Text proposed by the Commission	Amendment
Text proposed by the Commission7. The Commission shall, by way of implementing acts, determine the level of annual fee and the minimum levels of the one-off financial contribution taking into account the metodology refered to in paragraph 6. Those implementing acts shall be adopted in accordance with the procedure referred in Article 22(3).	Amendment7. By [9 months atfer the date of entry into force of this Regulation] the Commission shall, by way of implementing acts, determine the level of annual fee and the minimum levels of the one-off financial contribution taking into account the methodology refered to in paragraph 6. Those implementing acts shall be adopted in accordance with the procedure referred in Article 22(3).

Or. en

Amendment 464

Francesco Torselli

Proposal for a regulation

Article 19 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

The Commission and the Member States, [collaborating within the Committee and the RSPG] shall monitor the compliance of holders of Union authorisation for rights of use of 2 GHz MSS band with the relevant conditions pursuant to Article 13(5), Article 14(1) and Article 15(1) as well as Union law and the applicable ITU Radio Regulations, and shall take appropriate measures to address any non-compliance.

The Commission and the Member States, [collaborating within the Committee and the RSPG] shall monitor the compliance of holders of pan-European authorisation for rights of use of 2 GHz MSS band with the relevant conditions pursuant to Article 13(5), Article 14(1) and Article 15(1) as well as Union law and the applicable ITU Radio Regulations, and shall take appropriate measures to address any non-compliance.

Or. en

Amendment 465

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 19 – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
Text proposed by the CommissionThe Commission shall, by way of implementing acts, establish detailed arrangements for the coordinated monitoring and enforcement of the Union authorisations for the 2 GHz MSS band. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 22(2).	AmendmentThe Commission shall, by way of delegated acts, establish detailed arrangements for the coordinated monitoring and enforcement of the Union authorisations for the 2 GHz MSS band.

Or. en

Amendment 466

Francesco Torselli

Proposal for a regulation

Article 19 – paragraph 1 – subparagraph 2

Text proposed by the Commission	Amendment
Text proposed by the CommissionThe Commission shall, by way of implementing acts, establish detailed arrangements for the coordinated monitoring and enforcement of the Union authorisations for the 2 GHz MSS band. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 22(2).	AmendmentThe Commission shall, by way of implementing acts, establish detailed arrangements for the coordinated monitoring and enforcement of the pan-European authorisations for the 2 GHz MSS band. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(3).

Or. en

Justification

The detailed monitoring and enforcement arrangements directly affect the responsibilities of the competent national authorities and should therefore be adopted in accordance with the examination procedure.

Amendment 467

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 19 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment1a. The Commission shall publish annual reports on the effective use of MSS band. The Commission shall adopt an implementing act defining the relevant metrics related to efficiency of use and coverage.

Or. en

Amendment 468

Francesco Torselli

Proposal for a regulation

Article 19 – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
Text proposed by the CommissionThe Commission shall examine any alleged specific breach of a condition to a Union authorisation or any provision of this Regulation. The RSPG shall assist the Commission in the examination thereof.	Amendment2. For the purposes of this Article, breaches shall be classified as follows:
Text proposed by the Commission	Amendment(a) a territorial breach, where the alleged non-compliance concerns the implementation of the authorisation conditions in the territory of a single Member State;
Text proposed by the Commission	Amendment(b) a pan-European breach, where the alleged non-compliance is serious, repeated or systemic, or produces effects in more than one Member State, and affects the selection criteria, the continuity of the service or the integrity of the common authorisation regime.
Text proposed by the Commission	AmendmentNational competent authorities shall monitor compliance with authorisation conditions in their territory, including coverage obligations, quality of service and resilience requirements in areas where MSS connectivity is essential for public safety, civil protection and digital public services, and shall investigate, sanction and collect penalties for territorial breaches, without prejudice to the Commission's competence for serious, repeated, systemic or pan-European breaches.
Text proposed by the Commission	AmendmentThe Commission shall examine any alleged pan-European breach. The RSPG shall assist the Commission in the examination thereof.

Or. en

Justification

Where a breach concerns the implementation of authorisation conditions within the territory of a single Member State, responsibility for investigation, enforcement and the collection of any penalties should lie with the competent national authority. That authority is closest to the relevant facts and already possesses the necessary capabilities for monitoring, inspection and interference management.

Although monitoring and enforcement generally concern compliance with the authorisation conditions, specific attention should be given to coverage and quality-of-service requirements in areas and contexts of particular importance for public-interest connectivity, including emergency services and public administrations in remote areas.

Amendment 469

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 19 – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
Text proposed by the CommissionThe Commission shall examine any alleged specific breach of a condition to a Union authorisation or any provision of this Regulation. The RSPG shall assist the Commission in the examination thereof.	AmendmentIn addition, the Commission, supported by the ODN, shall examine any alleged specific breach of a condition to a Union authorisation or any provision of this Regulation. The RSPG shall assist the Commission in the examination thereof.

Or. en

Amendment 470

Mélanie Disdier, Julie Rechagneux, Pierre-Romain Thionnet, Aleksandar Nikolic

Proposal for a regulation

Article 19 – paragraph 2 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

Where a Member State considers that the operation of a system authorised under this Regulation constitutes a serious threat to its national security or public security, it may take the necessary and proportionate measures within its territory to address that threat. The Member State concerned shall inform the Commission without undue delay. This Regulation is without prejudice to the responsibility of Member States for safeguarding national security.

Or. en

Amendment 471

Francesco Torselli

Proposal for a regulation

Article 19 – paragraph 2 – subparagraph 2

Text proposed by the Commission	Amendment
Text proposed by the CommissionWhere a national competent authority is of the opinion that a Union authorisation holder fails to comply with any spectrum authorisation condition or with any provision of this Regulation, it shall bring the matter to the attention of the Commission and of the RSPG.	AmendmentWhere a national competent authority is of the opinion that a holder of a pan-European authorisation is committing a pan-European breach, it shall bring the matter to the attention of the Commission and of the RSPG. Where a national competent authority establishes a territorial breach, it shall inform the Commission and the RSPG of the breach and of the measures adopted.

Or. en

Justification

A reciprocal duty to exchange information enables the Commission to identify an accumulation of territorial breaches that may, taken together, constitute a repeated or systemic breach falling within the category referred to in paragraph 2(b).

Amendment 472

Francesco Torselli

Proposal for a regulation

Article 19 – paragraph 2 – subparagraph 3

Text proposed by the Commission	Amendment
Text proposed by the CommissionWhere the Commission finds that a holder of a Union authorisation does not comply with any condition laid down in Article 13(5), Article 14(1) or Article 15(1), it shall inform that entity of its findings.	AmendmentWhere the Commission finds that a holder of a pan-European authorisation is committing a pan-European breach of any condition laid down in Article 13(5), Article 14(1) or Article 15(1), it shall inform that entity of its findings and give it the opportunity to make its views known within a reasonable period.

Or. en

Justification

This amendment aligns the provision with the classification of breaches set out in paragraph 2 and expressly safeguards the right to be heard before any corrective measure is imposed or penalty adopted.

Amendment 473

Mélanie Disdier, Pierre-Romain Thionnet, Aleksandar Nikolic

Proposal for a regulation

Article 19 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Where a national competent authority finds that a holder of a Union authorisation fails to comply with a condition applicable under this Regulation and that such failure specifically affects its territory, it may request the Commission to take appropriate corrective measures. The Commission shall duly examine that request and shall provide the national competent authority with a reasoned response within two months of receipt of the request. Where urgent action is necessary to prevent serious harm to the security, resilience or continuity of communications services on its territory, the national competent authority may adopt necessary and proportionate interim measures; it shall immediately inform the Commission and the RSPG thereof. Where the Commission fails to provide a reasoned response within the period referred to in this paragraph, the national competent authority may maintain or adopt the necessary and proportionate interim measures until the Commission has taken a decision.

Or. en

Amendment 474

Mélanie Disdier, Pierre-Romain Thionnet, Aleksandar Nikolic

Proposal for a regulation

Article 19 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

2b. Before adopting a corrective measure pursuant to paragraph 3 specifically affecting the territory of a Member State, the Commission shall transmit its preliminary assessment to the national competent authority concerned and shall grant it a reasonable period, which shall not be less than fifteen working days, to submit its observations. The Commission's final decision shall indicate how those observations have been taken into account

Or. en

Amendment 475

Mélanie Disdier, Pierre-Romain Thionnet, Aleksandar Nikolic

Proposal for a regulation

Article 19 – paragraph 2 c (new)

Text proposed by the Commission

Amendment

2c. Where a national competent authority considers that the reasoned response of the Commission referred to in subparagraph 2a is insufficient, it may request that the matter be placed on the agenda of the committee referred to in Article 22(1) for an exchange of views. This possibility is without prejudice to the examination procedure referred to in Article 22(3), applicable to corrective measures adopted pursuant to paragraph 3 of this Article.

Or. en

Amendment 476

Mélanie Disdier, Pierre-Romain Thionnet, Aleksandar Nikolic

Proposal for a regulation

Article 19 – paragraph 2 d (new)

Text proposed by the Commission

Amendment

2d. Where a Member State considers that the operation of a system authorised under this Regulation constitutes a serious threat to its national security or public security, it may take the necessary and proportionate measures within its territory to address that threat. The Member State concerned shall inform the Commission without undue delay. This Regulation is without prejudice to the responsibility of Member States for safeguarding national security.

Or. en

Amendment 477

Francesco Torselli

Proposal for a regulation

Article 19 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

In case of breach of the conditions of Articles 14 or 15 of this Regulation, or any other provision of this Regulation, the Commission shall, by way of implementing acts, adopt appropriate and proportionate corrective measures. Those corrective measures may include, in particular:

3. In the case of a territorial breach, the national competent authority of the Member State concerned shall adopt appropriate and proportionate corrective measures and, where applicable, impose penalties in accordance with national law. It shall inform the Commission and the RSPG thereof. In the case of a pan-European breach, the Commission shall, by way of implementing acts, adopt appropriate and proportionate corrective measures, which may include, in particular:

Or. en

Justification

The powers of intervention are allocated according to the nature and geographical scope of the breach. The Commission retains the powers set out in points (a) and (b) in respect of breaches with a pan-European dimension.

Amendment 478

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 19 – paragraph 3 – subparagraph 1 – introductory part

Text proposed by the Commission	Amendment
Text proposed by the CommissionIn case of breach of the conditions of Articles 14 or 15 of this Regulation, or any other provision of this Regulation, the Commission shall, by way of implementing acts, adopt appropriate and proportionate corrective measures. Those corrective measures may include, in particular:	AmendmentIn case of breach of the conditions of Articles 14 or 15 of this Regulation, or any other provision of this Regulation, the Commission shall, by way of delegated acts, adopt appropriate and proportionate corrective measures. Those corrective measures may include, in particular:

Or. en

Amendment 479

Christophe Grudler

Proposal for a regulation

Article 19 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission may withdraw the Union authorisation where it establishes that one or more conditions listed in Articles 14(1) and Article 15(1) are not complied with in a serious or persistent manner. In the event of the withdrawal of a Union authorisation, the Commission may allow the use of the spectrum by any other selected applicant on a temporary basis. The Commission shall launch a new selection procedure in accordance with Article 3 of this Regulation for the reassignment of the radio spectrum subject to withdrawal of Union authorisation.

The Commission may withdraw the Union authorisation where it establishes that one or more conditions laid down in Article 14(1) or Article 15(1), as applicable, are not complied with in a serious or persistent manner. In the event of the withdrawal of a Union authorisation for a commercial MSS system, the Commission may allow the use of the spectrum by another selected applicant on a temporary basis, subject to the applicable authorisation conditions, and shall launch a new selection procedure in accordance with Articles 4, 5 and 9 to 12. In the event of the withdrawal of a Union authorisation granted pursuant to Article 13a, the selection and authorisation of a replacement provider shall be carried out in accordance with Articles 6 and 13a. Any temporary use of the governmental spectrum concerned shall comply with Articles 6, 13a and 14 and the applicable rules under Regulation (EU) 2023/588. The Commission shall take the necessary measures to ensure continuity of governmental services in accordance with Article 19(7) of that Regulation.

Or. en

Justification

Distinguishes commercial spectrum reassignment from the replacement of governmental providers under IRIS². Corrects the selection reference and ensures that temporary governmental use respects the applicable procurement, security and authorisation requirements, while preserving Union-level enforcement and service continuity.

Amendment 480

Francesco Torselli

Proposal for a regulation

Article 19 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission may issue an order for the suspension or withdrawal of the pan-European authorisation, addressed to the Member States and applied by the national competent authorities to the authorisations granted pursuant to Article 13, within the time limit set in the order, where it establishes that one or more conditions listed in Articles 14(1) and Article 15(1) are not complied with in a serious or persistent manner. In the event of the withdrawal of a pan-European authorisation, the Commission may allow the use of the spectrum by any other selected applicant on a temporary basis. The Commission shall launch a new selection procedure in accordance with Article 3 of this Regulation for the reassignment of the radio spectrum subject to withdrawal of the pan-European authorisation.

Or. en

Justification

This follows the mechanism established in Article 17(6): the substantive assessment and the decision on the merits remain with the Commission, while the competent national authorities give effect to that decision in respect of the authorisations they have granted. This preserves a uniform outcome throughout the Union while maintaining the coherence of the authorisation model.

Amendment 481

Sofie Eriksson

Proposal for a regulation

Article 19 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission may withdraw the Union authorisation where it establishes that one or more conditions listed in Articles 14(1) and Article 15(1) are not complied with in a serious or persistent manner. Non-compliance shall in particular be considered serious where it constitutes a threat to the security of a Member State or of the Union. In the event of the withdrawal of a Union authorisation, the Commission may allow the use of the spectrum by any other selected applicant on a temporary basis. The Commission shall launch a new selection procedure in accordance with Article 3 of this Regulation for the reassignment of the radio spectrum subject to withdrawal of Union authorisation.

Or. en

Justification

The requirements regarding "serious or persistent" non-compliance should be defined using clear criteria, such as a threat to the security of a Member State or of the Union, to improve the conditions for consistent and legally sound application of sanctions.

Amendment 482

Pilar del Castillo Vera

Proposal for a regulation

Article 19 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission may withdraw the Union authorisation where it establishes that one or more conditions listed in Articles 14(1) and Article 15(1) are not complied with in a serious or persistent manner. In the event of the withdrawal of a Union authorisation, the Commission may allow the use of the spectrum by any other selected applicant on a temporary basis. The Commission shall launch a new selection procedure in accordance with Chapter II of this Regulation for the reassignment of the radio spectrum subject to withdrawal of Union authorisation.

Or. en

Amendment 483

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 19 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission may withdraw the Union authorisation where it establishes that one or more conditions listed in Articles 14(1) and Article 15(1) are not complied with in a serious or persistent manner. In the event of the withdrawal of a Union authorisation, the Commission may allow the use of the spectrum by any other selected applicant on a temporary basis. The Commission shall launch a new selection procedure in accordance with Chapter II of this Regulation for the reassignment of the radio spectrum subject to withdrawal of Union authorisation.

Or. en

Amendment 484

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 19 – paragraph 3 – subparagraph 3

Text proposed by the Commission	Amendment
Text proposed by the CommissionThe implementing acts referred to in the first sub-paragraph shall be adopted in accordance with the examination procedure referred to in Article 22(3).	Amendmentdeleted

Or. en

Amendment 485

Francesco Torselli

Proposal for a regulation

Article 19 – paragraph 4 – subparagraph 1

Text proposed by the Commission

Amendment

The Commission may impose fines or periodic penalty payments on undertakings for breaches of authorisation conditions or provisions of this Regulation, except from the conditions provided in Article 14(1) point (b) and 15(1) point (f.) Those fines or periodic penalties shall be set taking into account the gravity and the duration of the breach and shall not exceed 5% of total worldwide turnover of the authorisation holder in the preceding financial year. Fines shall be governed in accordance with Articles 107 and 108 of Regulation (EU, Euratom) 2024/2509.

4. In the case of a pan-European breach, the Commission may impose fines or periodic penalty payments on undertakings for breaches of authorisation conditions or provisions of this Regulation, except from the conditions provided in Article 14(1) point (b) and 15(1) point (f). Those fines or periodic penalties shall be set taking into account the gravity and the duration of the breach, as well as any penalty already imposed by a national competent authority in respect of the same facts, and shall not exceed 5% of total worldwide turnover of the authorisation holder in the preceding financial year. Fines shall be governed in accordance with Articles 107 and 108 of Regulation (EU, Euratom) 2024/2509.

In the case of a territorial breach, penalties shall be imposed and collected by the national competent authority of the Member State concerned in accordance with national law and shall accrue to that Member State. Any amount collected at Union level pursuant to this paragraph shall remain with the Union within the limits necessary to cover the costs of the common authorisation, monitoring and enforcement system. Any amount exceeding those costs shall be assigned to the Union budget.

Or. en

Justification

The allocation of the proceeds reflects the allocation of enforcement powers. The ne bis in idem principle is expressly safeguarded by requiring account to be taken of any penalties already imposed at national level in respect of the same facts. Amounts collected at Union level are retained by the Union only to the extent necessary to cover the costs of the common system.

Amendment 486

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 19 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	AmendmentArticle 19a
Text proposed by the Commission	AmendmentHarmonisation, reorganisation and clearing of other MSS frequency bands
Text proposed by the Commission	Amendment1. For mobile satellite service frequency bands other than the 2 GHz band, the Commission and Member States shall take all necessary measures to harmonise frequency allocations, eliminate regulatory fragmentation, and clear existing spectrum encumbrances no later than 31 December 2035, with a view to preparing those bands for future competitive assignments.
Text proposed by the Commission	Amendment2. By 31 December 2027, the Commission, in consultation with the Radio Spectrum Policy Group (RSPG) and the Office for Digital Networks (ODN), shall adopt a delegated act establishing harmonised technical parameters and frequency allocations for all radio spectrum allocated to mobile satellite services in the Union.
Text proposed by the Commission	Amendment3. By 30 June 2028, Member States shall draw up and publish a national roadmap detailing the operational, legal and technical measures required to reorganise, clear, and transition the MSS frequency bands. The national roadmaps shall ensure that such spectrum is freed from conflicting terrestrial or legacy assignments and made fully available for harmonised MSS deployment across the Union no later than 31 December 2035.
Text proposed by the Commission	Amendment4. Member States shall conclude all necessary cross-border spectrum coordination agreements with neighbouring Member States and third countries by 31 December 2030 to eliminate harmful interference in the MSS frequency bands.
Text proposed by the Commission	Amendment5. Where spectrum reorganisation under this Article requires the early vacation or migration of existing authorised users prior to the expiry of their rights of use, Member States may provide for fair, transparent and non-discriminatory compensation mechanisms, funded in accordance with Union law and national spectrum revenue management rules.
Text proposed by the Commission	Amendment6. The ODN shall monitor progress in the execution of national roadmaps, conduct technical coordination audits, and report annually to the European Parliament and the Council.

Or. en

Amendment 487

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 19 b (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	AmendmentArticle 19b
Text proposed by the Commission	AmendmentNarrowband services
Text proposed by the Commission	Amendment1. The Commission shall publish a study assessing the feasibility, technical conditions and market demand for establishing a spectrum park dedicated to narrowband services, including Internet of Things services.
Text proposed by the Commission	Amendment2. On the basis of the study referred to in paragraph 1, the Commission may launch a call for expressions of interest addressed to potential applicants for the use of narrowband portions of spectrum harmonised for mobile satellite services.
Text proposed by the Commission	Amendment3. Taking into account the outcome of the call for expressions of interest referred to in paragraph 2, the Commission may reserve and make available a portion of the spectrum harmonised for mobile satellite services for the provision of narrowband services. Rights of use for such spectrum shall be granted following a call for applications in accordance with the procedure laid down in this Regulation.
Text proposed by the Commission	Amendment4. The Commission shall, every five years, in cooperation with the Office for Digital Networks, review the use of spectrum suitable for mobile satellite services in the Union, taking into account technological and market developments, the level of spectrum utilisation, demand for additional spectrum and opportunities for the development of innovative services.

Or. en

Amendment 488

Christophe Grudler

Proposal for a regulation

Article 20

Text proposed by the Commission	Amendment
Text proposed by the CommissionArticle 20	Amendmentdeleted
Text proposed by the CommissionTransitory provisions
Text proposed by the Commission1. The duration of the existing rights of use granted in accordance with Decision 2009/449/EC to the incumbents, Viasat and Echostar, are extended, upon request, for a period of two years, under the authorisation conditions applicable at the date of entry into force of this Regulation. This extension benefits the incumbents and is provided only to ensure the continuity of the services provided for at least five years before the entry into force of this Regulation. To benefit of such an extension, during this extension period the rights shall not be transferred, nor leased or sub-leased. For the purpose of coordinated application of the rules on monitoring and enforcement, Commission Decision 2011/667 of 10 October 201119 continues to apply.
Text proposed by the Commission2. During the extension period, the Commission may take a decision to impose sharing conditions for testing and experimental use within the band, in accordance with the advisory procedure referred to in Article 22(2).
Text proposed by the Commission19 Commission Decision of 10 October 2011 on modalities for coordinated application of the rules on enforcement with regard to mobile satellite services (MSS) pursuant to Article 9(3) of Decision No 626/2008/EC of the European Parliament and of the Council, OJ L 265, 11.10.2011, pp. 25, ELI: http://data.europa.eu/eli/dec/2011/667/oj

Or. en

Justification

Any temporary extension of existing rights should be addressed in a separate proposal for a decision of the European Parliament and of the Council amending Decision No 626/2008/EC. This preserves legislative scrutiny and service continuity without prejudging the future assignment of the band.

Amendment 489

Paolo Borchia

Proposal for a regulation

Article 20 – paragraph 1

Text proposed by the Commission

Amendment

1. The duration of the existing rights of use granted in accordance with Decision 2009/449/EC to the incumbents, Viasat and Echostar, are extended, upon request, for a period of two years, under the authorisation conditions applicable at the date of entry into force of this Regulation. This extension benefits the incumbents and is provided only to ensure the continuity of the services provided for at least five years before the entry into force of this Regulation. To benefit of such an extension, during this extension period the rights shall not be transferred, nor leased or sub-leased. For the purpose of coordinated application of the rules on monitoring and enforcement, Commission Decision 2011/667 of 10 October 201119 continues to apply.

1. The duration of the existing rights of use granted in accordance with Decision 2009/449/EC to the incumbents, Viasat and Echostar, are extended, upon request, for a period of two years, under the authorisation conditions applicable at the date of entry into force of this Regulation. This extension benefits the incumbents and is provided only to ensure the continuity of the services provided for at least five years before the entry into force of this Regulation. To benefit of such an extension, during this extension period the rights shall not be transferred, nor leased or sub-leased. This provision shall be without prejudice to contracts already concluded before the entry into force of this Regulation. For the purpose of coordinated application of the rules on monitoring and enforcement, Commission Decision 2011/667 of 10 October 201119 continues to apply.

19 Commission Decision of 10 October 2011 on modalities for coordinated application of the rules on enforcement with regard to mobile satellite services (MSS) pursuant to Article 9(3) of Decision No 626/2008/EC of the European Parliament and of the Council, OJ L 265, 11.10.2011, pp. 25, ELI: http://data.europa.eu/eli/dec/2011/667/oj

Or. en

Amendment 490

András Gyürk

Proposal for a regulation

Article 20 – paragraph 1

Proposal for a regulation

Article 20 – paragraph 1

Text proposed by the Commission

Amendment

1. The duration of the existing rights of use granted in accordance with Decision 2009/449/EC to the incumbents, Viasat and Echostar, are extended, upon request, for a period of two years, under the authorisation conditions applicable at the date of entry into force of this Regulation. This extension benefits the incumbents and is provided only to ensure the continuity of the services provided for at least five years before the entry into force of this Regulation. To benefit of such an extension, during this extension period the rights shall not be transferred, nor leased or sub-leased, except for a transfer, lease, or sub-lease agreement executed prior to the date of entry into force of this Regulation. For the purpose of coordinated application of the rules on monitoring and enforcement, Commission Decision 2011/667 of 10 October 201119 continues to apply.

Or. en

Justification

Regulatory and legal certainty are fundamental to encouraging long-term investment in Union spectrum and satellite infrastructure, and existing sub-lease arrangements represent significant commercial commitments. Applying the prohibition retroactively to such arrangements would undermine this legal certainty and is contrary to the Regulation's objectives.

Amendment 491

Ondřej Krutílek

Proposal for a regulation

Article 20 – paragraph 1

Text proposed by the Commission

Amendment

1. The duration of the existing rights of use granted in accordance with Decision 2009/449/EC to the incumbents, Viasat and Echostar, are extended, upon request, for a period of two years, which may be repeatedly extended for further period of two years, under the authorisation conditions applicable at the date of entry into force of this Regulation. This extension benefits the incumbents and is provided only to ensure the continuity of the services provided for at least five years before the entry into force of this Regulation. To benefit of such an extension, during this extension period the rights shall not be transferred, nor leased or sub-leased. For the purpose of coordinated application of the rules on monitoring and enforcement, Commission Decision 2011/667 of 10 October 201119 continues to apply.

Or. en

Amendment 492

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 20 – paragraph 1

Text proposed by the Commission

Amendment

1. The duration of the existing rights of use granted in accordance with Decision 2009/449/EC to the incumbents, Viasat and Echostar, are extended, upon request, for a period of two years, under the authorisation conditions applicable at the date of entry into force of Decision No 626/2008/EC. This extension benefits the incumbents and is provided only to ensure the continuity of the services provided for at least five years before the entry into force of this Regulation. To benefit from such an extension, during this extension period the rights shall not be transferred, nor leased or sub-leased. For the purpose of coordinated application of the rules on monitoring and enforcement, Commission Decision 2011/667 of 10 October 201119 continues to apply.

Or. en

Amendment 493

Pilar del Castillo Vera

Proposal for a regulation

Article 20 – paragraph 2

Text proposed by the Commission

Amendment

2. During the extension period, the Commission shall, by way of implementing acts adopted accordance with the advisory procedure referred to in Article 22(2) and no later than [six] months after the entry into force of this Regulation, impose sharing conditions allowing testing, experimental use and the provision of commercial MSS within the band by undertakings other than the incumbents, on a non-interference and non-protection basis with respect to the systems of the incumbents. Access under this paragraph shall be granted through an open, transparent and non-discriminatory procedure, shall be limited to the extension period and to spectrum not effectively used by the incumbents, and shall not confer any right, priority or merit in the selection procedure under Chapter II, nor give rise to any legitimate expectation as regards the assignment of rights of use under this Regulation.

Or. en

Justification

As drafted, Article 20(2) is optional ("may") and limited to testing and experimental use. For at least two years, spectrum not used by the incumbents would remain idle while European operators with systems in orbit are ready to serve users. Recital 41 already recognises that sharing during the extension "would generate valuable technical and operational knowledge" and "accelerate the full-scale deployment of innovative services". The amendment makes the mechanism mandatory and time-bound, extends it to commercial provision on a strict non-interference, non-protection basis that fully preserves the incumbents' rights under paragraph 1, requires an open and non-discriminatory process, and excludes any advantage in the subsequent selection procedure. This addresses equal-treatment concerns while putting unused spectrum to work for Union users and generating coexistence evidence before the selection.

Amendment 494

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 20 – paragraph 2

Text proposed by the Commission

Amendment

2. During the extension period, the Commission may, in accordance with the advisory procedure referred to in Article 22(2), impose sharing conditions for testing and experimental use within the band and, no later than [six] months after the entry into force of this Regulation, for the provision of commercial MSS by undertakings other than the incumbents, on a non-interference and non-protection basis. Such access shall be granted through an open, transparent and non-discriminatory procedure, be limited to spectrum not effectively used by the incumbents and confer no right or advantage in the selection procedure under Chapter II.

Or. en

Amendment 495

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 20 – paragraph 2

Text proposed by the Commission

Amendment

2. During the extension period, the Commission may take a decision to impose sharing conditions for testing and experimental use within the band, in accordance with the advisory procedure referred to in Article 22(2). The Commission shall, in particular, consider imposing such conditions upon a reasoned request from an EU entity, public or private, where the proposed testing or experimental use is carried out on a non-protection and non-interference basis.

Or. en

Amendment 496

Pilar del Castillo Vera

Proposal for a regulation

Article 20 a (new)

Text proposed by the Commission

Amendment

Article 20a

Where, following a selection procedure under Chapter II, any paired block of 5 MHz or portion thereof in the 2 GHz MSS band remains unassigned, or where a right of use has been withdrawn pursuant to Article 19(3), the Commission may, pending the assignment of that spectrum, authorise its temporary use for testing, experimental use or the provision of MSS, on a non-interference and non-protection basis with respect to authorised systems, through an open, transparent and non-discriminatory procedure. Such temporary use shall not confer any right, priority or merit in any subsequent selection procedure. The Commission shall adopt the necessary measures by way of implementing acts in accordance with the advisory procedure referred to in Article 22(2).

Or. en

Justification

Once the whole 2 GHz MSS band is subject to Union authorisation (Articles 4(1), 13(1) and 15(1)(a)), the proposal contains no legal basis for the use of spectrum that remains unassigned after a selection procedure or that is withdrawn under Article 19(3). The only reference to experimental use is Article 20(2), which is confined to the incumbents' extension period. The amendment closes that gap with a mechanism identical in safeguards to the transitional one, ensures efficient use of spectrum in line with Recitals 38 and 40, and complements the relaunch safeguard proposed in Article 4(1a).

Amendment 497

Francesco Torselli

Proposal for a regulation

Article 21 – paragraph 1

Text proposed by the Commission

Amendment

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. Delegated acts adopted pursuant to this Regulation shall be limited to what is strictly necessary in order to attain the objectives of technical harmonisation, of the selection of operators and of the monitoring and enforcement mechanisms. They shall not affect the division of authorising competences laid down in Article 13, shall not extend the scope of the harmonised conditions laid down in Articles 14 and 15, and shall not modify the allocation of the revenue provided for in Article 18.

When preparing and adopting delegated and implementing acts under this Regulation, the Commission shall take due account of Member States' needs in terms of connectivity for digital public services, governmental communications and critical infrastructure.

Or. en

Justification

The delegations of power in the current proposal are broadly framed and could be used, through secondary legislation, to increase centralisation beyond that agreed by the co-legislators. Their scope is therefore limited to the elements strictly necessary for technical harmonisation, operator selection, and monitoring and enforcement mechanisms. An express safeguard prevents those powers from altering the allocation of authorisation competences.

Amendment 498

Francesco Torselli

Proposal for a regulation

Article 21 – paragraph 2

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Article 5(7) and Article 18(6) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].

2. The power to adopt delegated acts referred to in Article 5(7) and Article 18(6) shall be conferred on the Commission for a period of five years from [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of that period. The delegation of power shall be tacitly extended for periods of identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Or. en

Justification

A delegation of power for an indeterminate period is not justified in a framework that is highly dependent on technological and market developments. A renewable five-year delegation, accompanied by a reporting obligation, is therefore proposed in accordance with the standard formula.

Amendment 499

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 21 – paragraph 2

Text proposed by the Commission	Amendment
Text proposed by the Commission2. The power to adopt delegated acts referred to in Article 5(7) and Article 18(6) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].	Amendment2. The power to adopt delegated acts referred to in Article 5(7), 13(5) and Article 18(6) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].

Or. en

Amendment 500

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 21 – paragraph 2

Text proposed by the Commission	Amendment
Text proposed by the Commission2. The power to adopt delegated acts referred to in Article 5(7) and Article 18(6) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].	Amendment2. The power to adopt delegated acts referred to in Article [...] shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].

Or. en

Amendment 501

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 21 – paragraph 3

Text proposed by the Commission

Amendment

3. The delegation of power referred to in Article 5(7) and Article 18(6) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3. The delegation of power referred to in Article 5(7), 13(5) and Article 18(6) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Or. en

Amendment 502

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 21 – paragraph 3

Text proposed by the Commission

Amendment

3. The delegation of power referred to in Article [...] may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Or. en

Amendment 503

Francesco Torselli

Proposal for a regulation

Article 21 – paragraph 4

Text proposed by the Commission

Amendment

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. That consultation shall ensure the effective and substantial involvement of the Member States. The Commission shall transmit the draft delegated act to the designated experts at least six weeks before the consultation meeting and shall make available a reasoned explanation of the manner in which the views expressed have been taken into account. Where the Commission departs from the views expressed by a majority of the experts designated by the Member States, it shall state the reasons therefor in the explanatory memorandum accompanying the delegated act.

Or. en

Justification

Member State involvement in the preparation of delegated acts must be effective and substantive rather than merely formal. The timely transmission of draft acts and the obligation to provide reasons for any departure from the experts’ views are the minimum safeguards necessary to ensure meaningful involvement.

Amendment 504

Michał Kobosko, Ivars Ijabs, Christophe Grudler

Proposal for a regulation

Article 21 – paragraph 6

Text proposed by the Commission

Amendment

6. A delegated act adopted pursuant to Article 5(7) and Article 18(6) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6. A delegated act adopted pursuant to Article 5(7), 13(5) and Article 18(6) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Or. en

Amendment 505

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Article 21 – paragraph 6

Text proposed by the Commission

Amendment

6. A delegated act adopted pursuant to Article [...] shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Or. en

Amendment 506

Christophe Grudler

Proposal for a regulation

Article 23 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	AmendmentDecision No 626/2008/EC shall continue to apply to rights of use and authorisations granted pursuant to that Decision until their expiry. This paragraph shall not, in itself, extend the duration of those rights of use or authorisations.

Or. en

Justification

The legal framework governing existing rights of use and authorisations should remain applicable until their expiry, including any extension provided for by a separate Union legislative act. This provision preserves legal continuity without granting an extension under this Regulation.

Amendment 507

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Annex I – point 2 – paragraph 1

Text proposed by the Commission

Amendment

The applicant shall provide clear evidence of a binding agreement for the manufacture of the satellites of the mobile satellite system subject to the application within the territories of the Member States. The document shall identify the construction milestones leading to the completion of manufacture of those satellites. The document shall be signed by the applicant and the satellite manufacturing company.

The applicant shall provide clear evidence of a binding agreement for the manufacture required for the continuous provision of MSS within the territories of the Member States. The document shall identify the construction milestones leading to the completion of manufacture of those satellites. The document shall be signed by the applicant and the satellite manufacturing company.

Or. en

Amendment 508

Angelika Winzig, Angelika Niebler, Christian Ehler

Proposal for a regulation

Annex I – point 3 – paragraph 1

Text proposed by the Commission

Amendment

The applicant shall provide clear evidence of a binding agreement to launch the minimum number of satellites required for the continuous provision of MSS within the territories of the Member States. The document shall identify the launch dates and launch services and the contractual terms and conditions concerning indemnity. The document shall be signed by the mobile satellite system operator and the satellite launching company.

Or. en

Amendment 509

Pilar del Castillo Vera

Proposal for a regulation

Annex I – point 6 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	AmendmentFor low-data-rate MSS for the Internet of Things, the call for applications may define the continuous provision of MSS by reference to maximum revisit-time commitments in the initial phases of deployment, converging to persistent coverage by the date committed to in the application.

Or. en

Justification

Recital 31 defines continuous provision as an uninterrupted service with seamless satellite handover, which in practice requires a complete non-geostationary constellation. That definition fits real-time direct-to-device services. Low-data-rate MSS for the Internet of Things, which Recital 7 identifies as playing a crucial role in the band, delivers commercially valuable service with defined revisit times from the early phases of constellation deployment. The amendment allows the call for applications to recognise a phased path to continuous provision for that category of service, with binding revisit-time commitments converging to persistent coverage by a committed date, so that milestone 6 measures each service against its own service model. It is the natural counterpart of Recital 7 and of Amendments 13 to 15.

Amendment 510

Pilar del Castillo Vera

Proposal for a regulation

Annex I – point 6 a (new)

Text proposed by the Commission	Amendment
Text proposed by the Commission	Amendment6a. For the purposes of milestones 2, 3 and 4, a binding agreement whose entry into force is conditional upon the grant of the right of use to the applicant shall be considered a binding agreement.

Or. en

Justification

Articles 7(1), point (a), and 11(1), point (a), require compliance with milestones 1 to 4 already at the first selection phase, before any right of use is granted. Milestones 2 to 4 require "clear evidence of a binding agreement" for satellite manufacturing, launch and gateway earth stations. Without clarification, applicants would have to enter into unconditional contracts for a constellation whose spectrum they may not obtain, a burden that only the largest applicants can carry and that runs against the diversification objective of Recital 16. The amendment confirms that agreements conditional upon the award qualify, preserving the evidential value of the milestones while keeping the procedure proportionate for new entrants.