Article 20

Third country public entities

1. Upon request of a third country public entity to be allowed to provide space services or space-based data in the Union, or upon a Member State request, as referred to in paragraph 2, the Commission, assisted by the Agency, shall first assess whether that third country public entity is a governmental entity or whether it operates or owns assets of space infrastructure that are military systems, including with civilian use. In its technical assistance provided to the Commission, the Agency shall map all the relevant activities and services provided by that third country public entity and shall identify all relevant assets of space infrastructure that such third country public entity operates or owns.

2. A Member State may request the Commission to allow a third country public entity to provide space services or space-based data in the Union. In support of its application, a Member State may indicate a public interest for one or more Member States to obtain, or as applicable, to safeguard, continued and unhindered access to the respective space-based data or space services provided by that third country public entity, and may evidence the consequences for the relevant markets at the level of the Union or at Member State level, of losing such access.

3. The Commission may, on its own initiative, carry out the assessment referred to in paragraph 1.

4. Where, upon the assessment referred to in paragraph 1, the Commission concludes to the absence of security risks for the Union or the Member States, the Commission may adopt a decision allowing the respective third country public entity to provide space services or space-based data in the Union.

The decision referred to in the first subparagraph shall apply until the date when an international agreement concluded with the respective third country takes effect, governing the conditions for a third country public entity to provide space services or space-based data in the Union, or until the date where the Commission has adopted an equivalence decision as regards that third country, whichever is the earliest. The Agency shall register without delay in URSO the third country public entity concerned on the basis of the decision taken by the Commission pursuant to first subparagraph. The decision referred to in first subparagraph shall be adopted as implementing act in accordance with the examination procedure referred to in Article 114(2).

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