The Kingdom of the Netherlands
and
The European Commission
and
The European GNSS Agency
Hereinafter “the Parties”
Having regard to the Treaty on the European Union, in particular Protocol No 7 on the Privileges and Immunities of the European Union attached to the Treaty on the European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community;
Having regard to Regulation (EU) No 1285/2013 of the European Parliament and of the
Council of 11 December 2013 on the implementation and exploitation of European satellite
navigation systems and repealing Council Regulation (EC) No 876/2002 and Regulation
(EC) No 683/2008 of the European Parliament and of the Council (hereinafter the “GNSS Regulation”);
Having regard to Regulation (EU) No 912/2010 of the European Parliament and of the
Council of 22 September 2010 setting up the European GNSS Agency, repealing Council
Regulation (EC) No 1321/2004 on the establishment of structures for the management
of the European satellite radio navigation programmes and amending Regulation (EC)
No 683/2008 of the European Parliament and of the Council;
Having regard to Commission Implementing Decision (EU) 2016/413 of 18 March 2016 determining
the location of the ground-based infrastructure of the system established under the
Galileo programme and setting out the necessary measures to ensure that it functions
smoothly, and repealing Implementing Decision 2012/117/E (hereinafter the “Implementing Decision”).
Whereas the GNSS Regulation provides that the system established under the Galileo
programme shall be a civil system under civil control and an autonomous global navigation
satellite system (“GNSS”) infrastructure consisting of a constellation of satellites
and a global network of ground stations and the GNSS Regulation also provides that
the European Union shall be the owner of all tangible and intangible assets created
or developed under the Galileo and EGNOS programmes and whereas in addition, pursuant
to Article 12(1) of the same Regulation, the Commission has the overall responsibility
for the Galileo programme;
Whereas the global network of ground-based stations as part of the Galileo programme
includes the Galileo Reference Centre (hereinafter “GRC”);
Whereas pursuant to Article 14(2) of the GNSS Regulation the Commission entrusted
the European GNSS Agency with programme management tasks in the exploitation phase of the Galileo programme.
These tasks, which are detailed in a delegation agreement concluded between the Commission
and the European GNSS Agency in 2014, include the responsibility for the operation
and maintenance of the GRC. In order to carry out the entrusted tasks, the European
GNSS Agency may locate on a permanent basis some of its staff at the GRC;
Whereas the Implementing Decision provides that the GRC will evaluate the quality
of the services provided and communicate time and geodetic references to the user
communities and that the GRC should be developed in stages in the Netherlands;
Whereas in compliance with the Implementing Decision an agreement should be concluded
to ensure the best possible conditions for the hosting and the proper functioning
of the GRC;