LegalizeDecreto n.º 22/2007
TEXTO :
Decreto n.º 22/2007
de 17 de Outubro
Tendo em conta que os Estados Unidos exploram um sistema de navegação por satélite, conhecido pela designação Global Positioning System (GPS), com dupla utilização e que fornece sinais de cronometria de precisão, navegação e determinação da posição para fins civis e militares;
Atendendo a que a Comunidade Europeia está a desenvolver e planeia explorar um sistema civil mundial de navegação, cronometria e determinação da posição por satélite denominado GALILEO, que será compatível com o GPS em termos de radiofrequências e interoperável com os serviços GPS civis ao nível do utilizador;
Considerando que o GPS e o GALILEO civis são compatíveis em termos de radiofrequências e interoperáveis a nível do utilizador e poderão aumentar o número de satélites visíveis de qualquer local da Terra e melhorar a acessibilidade a sinais de navegação para os utilizadores civis em todo o mundo;
Considerando que a conclusão de um Acordo entre a Comunidade Europeia e os seus Estados membros, por um lado, e os Estados Unidos da América, por outro, constitui a oportunidade de estabelecer um quadro para a cooperação em matéria de promoção, oferta e utilização de sinais e serviços civis de navegação e cronometria GPS e GALILEO, serviços de valor acrescentado, dispositivos complementares e mercadorias na área de navegação mundial e de cronometria:
Assim:
Nos termos da alínea c) do n.º 1 do artigo 197.º da Constituição, o Governo aprova o Acordo para a Promoção, a Oferta e a Utilização dos Sistemas de Navegação por Satélite GALILEO e GPS e Aplicações Conexas, incluindo o anexo, assinado em Dromoland Castle, County Clare, em 26 de Junho de 2004, cujos textos, nas versões autenticadas nas línguas inglesa e portuguesa, se publicam em anexo.
Visto e aprovado em Conselho de Ministros de 12 de Julho de 2007. - José Sócrates Carvalho Pinto de Sousa - João Titterington Gomes Cravinho - Henrique Nuno Pires Severiano Teixeira - Manuel António Gomes de Almeida de Pinho - Mário Lino Soares Correia - Manuel Frederico Tojal de Valsassina Heitor.
Assinado em 20 de Setembro de 2007.
Publique-se.
O Presidente da República, Aníbal Cavaco Silva.
Referendado em 21 de Setembro de 2007.
O Primeiro-Ministro, José Sócrates Carvalho Pinto de Sousa.
AGREEMENT ON THE PROMOTION, PROVISION AND USE OF GALILEO AND GPS SATELLITE-BASED NAVIGATION SYSTEMS AND RELATED APPLICATIONS
The United States of America, of the one part, and the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, Contracting Parties to the Treaty establishing the European Community, hereinafter referred to as the "Member States», and the European Community, of the other part:
Recognising that the United States operates a satellite-based navigation system known as the Global Positioning System, a dual use system that provides precision timing, navigation and position location signals for civil and military purposes;
Recognising that the United States is currently providing the GPS Standard Positioning Service for peaceful civil, commercial and scientific use on a continuous, worldwide basis, free of direct user fees and noting that the United States intends to continue providing it, and similar future civil services under the same conditions;
Recognising that the European Community is developing and plans to operate a civil global satellite navigation, timing and positioning system, GALILEO, which would be radio frequency compatible with GPS and interoperable with civil GPS services at the user level;
Recognising that GPS signals are used worldwide for satellite-based navigation services including augmentations;
Recognising that civil GPS and GALILEO, if radio frequency compatible and interoperable at the user level, could increase the number of satellites visible from any location on the Earth and aid accessibility to navigation signals for civil users worldwide;
Recognising that the International Civil Aviation Organisation (ICAO) establishes international standards and recommended practices and other guidance applicable to the use of global satellite-based navigation systems for civil aviation, that the International Maritime Organisation (IMO) establishes international standards and other guidance applicable to the use of global satellite-based navigation systems for maritime navigation, and that the International Telecommunication Union (ITU) establishes multilateral regulations and procedures applicable to the operation of global radio-navigation systems, as well as to other radio communication systems;
Desiring to provide satellite navigation users and equipment providers with a broader range of services and capabilities, leading to increased user applications, while assuring radio frequency compatibility with systems and equipment already in use;
Desiring to promote open markets and to facilitate growth in trade with respect to commerce in global navigation and timing goods, value-added services and augmentations;
Convinced of the need to prevent and protect against the misuse of global satellite-based navigation and timing services without unduly disrupting or degrading signals available for civilian uses;
Convinced of the need to cooperate so that the benefits of this important technology are fully achieved for all relevant applications;
Recognising that consultations are desirable for the purpose of avoiding or resolving any disputes that may arise under this Agreement, including those relating to the way in which the Parties discharge their respective responsibilities for the obligations within their areas of competence;
have agreed as follows:
Article 1
Objectives
1 - The objective of this Agreement is to provide a framework for cooperation between the Parties in the promotion, provision and use of civil GPS and GALILEO navigation and timing signals and services, value-added services, augmentations, and global navigation and timing goods. The Parties intend to work together, both bilaterally and in multilateral fora, as provided herein, to promote and facilitate the use of these signals, services and equipment for peaceful civil, commercial and scientific uses, consistent with and in furtherance of mutual security interests. This Agreement is intended to complement and facilitate agreements in force, or which may be negotiated in the future, between the Parties related to the design and implementation of civil satellite-based navigation and timing signals and services, augmentations, or value-added services.
2 - Nothing in this Agreement shall supersede, modify or derogate from standards, procedures, rules, regulations and recommended practices adopted in ICAO, or IMO. The Parties confirm their intent to act in a manner consistent with these bodies' regulatory framework and processes.
3 - Nothing in this Agreement shall affect the rights and obligations of the Parties under the Marrakech Agreement Establishing the World Trade Organisation (hereinafter "the WTO Agreements»).
Article 2
Definitions
For the purposes of this Agreement, the following definitions shall apply:
"Augmentation» means civil mechanisms, which provide the users of satellite-based navigation and timing signals with input information, extra to that derived from the main constellation(s) in use, and additional range/pseudo-range inputs or corrections to, or enhancements of, existing pseudo-range inputs. These mechanisms enable users to obtain enhanced performance, such as increased accuracy, availability, integrity, and reliability;
"Civil satellite-based navigation and timing service» means the civil satellite-based navigation or timing service provided by GPS or GALILEO, including secured governmental service;
"Civil satellite-based navigation and timing service provider» means any government or other entity that provides civil satellite-based navigation or timing service;
"Civil satellite-based navigation and timing signals» means the civil satellite-based navigation or timing signals provided by GPS or GALILEO, including secured governmental service signals;
"Civil satellite-based navigation and timing signals provider» means any government or other entity that supplies GPS and or GALILEO signals or augmentations;
"Classified information» means official information that requires protection in the interests of national defense or foreign relations of the Parties and is classified in accordance with applicable laws and regulations;
"GALILEO» means an autonomous civil European global satellite-based navigation and timing system under civil control, developed by the European Community, its Member States, the European Space Agency and other entities. GALILEO includes an open service and one or more other services, such as a safety of life, commercial and a secured governmental service, such as the Public Regulated Service ("PRS»), and any augmentations provided by the European Community, its Member States or other entities;
"Global navigation and timing equipment» means any civil end user equipment designed to transmit, receive or process satellite-based navigation and timing signals, to provide value-added services, or to operate with an augmentation;
"GNSS» means Global Navigation Satellite System;
"GPS» means the Global Positioning System Standard Positioning Service, an open service (or future civil services) provided by the United States Government for civil use. GPS is currently provided by the United States in its exercise of governmental authority as it is neither supplied on a commercial basis nor offered in competition with one or more service suppliers. GPS includes any augmentation or improvements to that service provided directly by the United States Government;
"Intellectual property» shall have the meaning found in article 2 of the Convention Establishing the World Intellectual Property Organisation, done at Stockholm, 14 July 1967;
"Interoperability at the user level» is a situation whereby a combined system receiver with a mix of multiple GPS or GALILEO satellites in view can achieve position, navigation and timing solutions at the user level that are equivalent to or better than the position, navigation or timing solutions that could be achieved by either system alone;
"Measure» means any law, regulation, rule, procedure, decision, administrative action or similar binding action by the Parties at the national or supranational level;
"Military satellite-based navigation and timing service» means a satellite-based navigation and timing service provided by a Party and specifically designed to meet the needs of defense forces;
"Radio frequency compatibility» means the assurance that one system will not cause interference that unacceptably degrades the stand-alone service that the other system provides;
"Secured governmental service» means a secured, restricted access satellite-based navigation and timing service provided by a Party and specifically designed to meet the needs of authorised governmental users;
"Value-added service» means a downstream service or application, excluding augmentations, that uses civil satellite-based navigation and timing signals or services in a manner intended to provide additional utility or benefit to the user.
Article 3
Scope
Except as otherwise provided herein, this Agreement pertains to all measures established by the Parties concerning civil satellite-based navigation and timing signals and signal providers, civil satellite-based navigation and timing services and service providers, augmentations, value-added services and value-added service providers, and global navigation and timing goods.
The provision of military satellite-based navigation and timing services is outside the scope of this Agreement, except as provided in article 4 as far as radiofrequency compatibility is concerned, article 11 and in the annex to this Agreement.
Secured governmental services are outside the scope of articles 5, 6, 8, paragraph 2, and 10, paragraph 3.
Article 4
Interoperability and radio frequency compatibility
1 - This article is applicable to GPS and GALILEO as defined and, as far as radiofrequency compatibility is concerned, to all satellite-based navigation and timing services.
2 - The Parties agree that GPS and GALILEO shall be radio frequency compatible. This paragraph shall not apply locally to areas of military operations. The Parties shall not unduly disrupt or degrade signals available for civil use.
3 - The Parties also agree that GPS and GALILEO shall be, to the greatest extent possible, interoperable at the non-military user level. In order to achieve this interoperability and facilitate the joint use of the two systems, the Parties agree to realise their geodetic coordinate reference frames as closely as possible to the International Terrestrial Reference System. The Parties also agree to transmit the time offsets between GALILEO and GPS system times in the navigation messages of their respective services, as outlined in the document entitled "GPS/GALILEO Time Offset Preliminary Interface Definition» referred to in the annex.
4 - The Parties agree that the radio frequency compatibility and interoperability working group established pursuant to article 13 shall continue work already underway with a view toward achieving, inter alia:
Radio frequency compatibility in the modernisation or evolution of either system (the Parties need to assess further the radiofrequency compatibility of GALILEO and GPS III);
Enhanced signal availability and reliability through complementary system architectures for the benefit of users worldwide;
Interoperability at the non-military user level.
5 - To further ensure radio frequency compatibility and non-military service interoperability, the Parties shall ensure that their augmentations meet the requirements of ICAO, IMO and the ITU to which such Parties are bound and such other requirements as the Parties may find mutually acceptable.
6 - Nothing in this Agreement shall supersede, modify or derogate from standards, procedures, rules, regulations and recommended practices adopted in the ITU. The Parties confirm their intent to act in a manner consistent with this body's regulatory framework and processes.
Article 5
Standards, certification, regulatory measures and mandates
The Parties agree to consult with each other before the establishment of any measures:
1) Establishing, directly or indirectly (such as through a regional organisation), design or performance standards, certification requirements, licensing requirements, technical regulations or similar requirements applicable to civil satellite-based navigation and timing signals or services, augmentations, value-added services, global navigation and timing equipment, civil satellite-based navigation and timing signals or service providers, or value-added service providers; or
2) That have the effect, directly or indirectly, of mandating the use of any civil satellite-based navigation and timing signals or services, value-added service, augmentation, or global navigation and timing equipment within its respective territory (unless the mandating of such use is expressly authorised by ICAO, or IMO).
Article 6
Non-discrimination and trade
1 - The Parties affirm their non-discriminatory approach with respect to trade in goods and services related to civil satellite-based navigation and timing signals, augmentations and value-added services.
2 - The Parties affirm that measures with respect to goods and services related to civil satellite-based navigation and timing signals or services, augmentations and value-added services should not be used as a disguised restriction on or an unnecessary obstacle to international trade.
3 - The trade and civil applications working group established pursuant to article 13 shall consider, inter alia, non-discrimination and other trade related issues concerning civil satellite-based navigation and timing signals or services, augmentations, value-added services, and global navigation and timing goods, including the potential for additional commitments in relevant bilateral or multilateral fora.
Article 7
Open access to civil satellite-based navigation or timing signals
A consulta deste documento não substitui a leitura do Diário da República correspondente. Não nos responsabilizamos por eventuais incorreções resultantes da transcrição do original para este formato.