Article 48

Scope and exercise of powers by the Agency and the Commission

1. The Commission, supported and assisted by the Agency, shall exercise the supervision of the following space services providers regarding compliance with the requirements laid down in this Regulation, in the manner specified in this section, as follows:

(a) Union space operators of Union-owned assets who are entities entrusted with the execution or operation of the components of the Union Programme, based on the authorisation issued by the Commission in accordance with Article 12(2);

(b) third country space operators;

(c) international organisations, pursuant to Article 107(3), and Article 108, respectively.

2. For the purposes of carrying out the technical assessments referred to in Article 40(1), point (a), the Agency shall have the powers referred to in Articles 49, 50, 51 and 52.
The Agency shall inform the Commission on each of the actions referred to in Articles 49, 50, 51 and 52.

3. The Commission and the Agency shall exercise separately or jointly any of the tasks referred to in Articles 49, 50, 51 and 52.

4. Without prejudice to the respective competences of the Union institutions and of Member States, the Agency may, for the purposes of paragraph 1, point (b), after the conclusion of the international agreements referred to in Article 106(1), conclude administrative cooperation arrangements with the relevant authorities of third countries, to enable smooth conduct of inspections where the conditions laid down in Article 52(1) are met. Those cooperation arrangements shall not create legal obligations in respect of the Union and its Member States, nor shall they prevent Member States and competent authorities from concluding bilateral or multilateral arrangements with third countries and their relevant authorities.

5. Those cooperation arrangements shall specify at least the following:

(a) the detailed procedures and coordination aspects with relevant third country authorities which enable the Agency to conduct, pursuant to Article 52, inspections at the business premises of the space services providers referred to in paragraph 1, point (b), located outside the Union;

(b) the details setting out the conditions for the participation of the representatives of relevant third country authorities in inspections conducted by the Agency pursuant to Article 52, notably where the space services providers referred to paragraph 1, point (b), are public entities;

(c) the necessary protocols and mechanisms to ensure the transmission of any relevant information between the Agency and the third country authorities, notably the mechanisms for the prompt notification by a third country authority of situations where the space services providers referred to in paragraph 1, point (b), are deemed to have infringed requirements to which they are obliged to adhere to, pursuant to the applicable law of the third country concerned, as well as the remedies and penalties that have been applied;

(d) any needed coordination of supervisory activities carried out under this Regulation and those carried out by the third country authorities, respectively;

(e) the regular transmission of updates regarding regulatory or supervisory developments in the third country concerned.

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