EUROPEAN COMMISSION
Brussels, 17.11.2025
COM(2025) 694 final
ANNEX
to the
Proposal for a Council Decision
on the conclusion, on behalf of the Union, of an Agreement between the European Union, of the one part, and the Kingdom of Norway, of the other part, laying down the rules for participation of the Kingdom of Norway in the GOVSATCOM component of the Union Space Programme and in the Union Secure Connectivity Programme
Agreement between the European Union and the Kingdom of Norway laying down the rules for participation of the Kingdom of Norway in the Union Secure Connectivity Programme and in the GOVSATCOM component of the Union Space Programme
THE EUROPEAN UNION (hereinafter the “Union”)
On the one part,
and
THE KINGDOM OF NORWAY (hereinafter “Norway”),
On the other part,
hereinafter jointly referred to as “the Parties”
RECOGNISING Norway’s participation in the Union Space Programme,
RECOGNISING the obligations of the Parties under international law,
RECALLING the Union Space Programme Regulation (EU) 2021/696 1 (hereinafter referred to as ‘the Space Regulation’) and the Union Secure Connectivity Programme Regulation (EU) 2023/588 2 (hereinafter referred to as ‘the Secure Connectivity Regulation’),
RECOGNISING that Norway is contributing financially to the activities resulting from the Union Secure Connectivity Programme and from the GOVSATCOM component of the Union Space Programme as laid down in Decision of the EEA Joint Committee No xx/2025 of xx 2025 amending Protocol 31 on cooperation in specific fields outside the four freedoms and Protocol 37 containing the list provided for in Article 101 to the Agreement on the European Economic Area (hereinafter referred to as the ‘EEA Agreement’),
RECOGNISING the importance of the EEA Agreement as a legal and institutional basis to strengthen and broaden cooperation between the Union and Norway in the field of secure connectivity,
RECALLING the Agreement between the Kingdom of Norway and the European Union on security procedures for the exchange of classified information (hereinafter referred to as ‘the Security of Information Agreement’) which was signed on 22 November 2004, and entered into force on 1 December 2004,
RECALLING the Security Arrangements for the protection of classified information exchanged between the Kingdom of Norway and the Union (hereinafter referred to as ‘the Security Arrangements’), agreed upon on 22 October 2004,
RECOGNISING that Council Decision 2021/698/CFSP sets out the responsibilities to be exercised by the Council and the High Representative of the Union for Foreign Affairs and Security Policy (the “HR”) to avert a threat to the security of the Union or one or more Member States or to mitigate serious harm to the essential interests of the Union or one or more Member States or whenever the security of the Union or its Member States may be affected by the operation of the system or the provision of the governmental services, Decision (CFSP) 2021/698 is to apply as stipulated in Article 35 of the Space Regulation and Article 31 of the Secure Connectivity Regulation,
RECOGNISING Norway’s interest in the GOVSATCOM component of the Union Space Programme and Union Secure Connectivity services,
WISHING to establish a bilateral agreement on Norway’s participation in the Union Secure Connectivity Programme and in the GOVSATCOM component of the Union Space Programme,
HAVE AGREED AS FOLLOWS:
Article 1
Purpose of the Agreement
1. This Agreement lays down the terms and conditions for the participation of Norway in the Union Secure Connectivity Programme and in the GOVSATCOM component of the Union Space Programme and Norway’s access to Union Secure Connectivity governmental services and GOVSATCOM services.
2. Norway shall be a Union Secure Connectivity Participant and a GOVSATCOM Participant insofar as it authorises Union Secure Connectivity users of governmental capacities or GOVSATCOM users, or provides satellite communication capacities, ground segment sites or part of the ground segment facilities.
3. Rights granted under this Agreement shall be without prejudice to the Union Secure Connectivity Programme and the GOVSATCOM component of the Union Space Programme. The Agreement shall not confer on Norway any decision-making power in respect of the Union Secure Connectivity Programme and the GOVSATCOM component of the Union Space Programme.
4. This Agreement does not affect the legal framework and institutional structure of the Union Secure Connectivity Programme and the GOVSATCOM component of the Union Space Programme established by Union law, the relevant Union acts incorporated into the EEA Agreement or the measures taken for the implementation of the Union acts. Nor does this Agreement affect the applicable Union laws, regulations and policies implementing non-proliferation commitments and export control for dual-use items.
5. The Union shall be the owner of all tangible and intangible assets which form part of the governmental infrastructure developed under the Union Secure Connectivity Programme, as provided in Articles 5.2 and 19.2 of the Secure Connectivity Regulation, and under the GOVSATCOM component of the Union Space Programme.
6. This Agreement shall not affect the rights and obligations of either Party under any other international agreement.
Article 2
Definitions
For the purposes of this Agreement, the following definitions apply:
1.‘GOVSATCOM Hub’ means a GOVSATCOM hub as defined in Article 2, point (23), of Regulation (EU) 2021/696.
2.‘The Agency’ means the European Union Agency for the Space Programme established by Regulation (EU) 2021/696.
3.‘EU classified information’ or ‘EUCI’ means EU classified information or EUCI as defined in Article 2, point (25), of Regulation (EU) 2021/696.
4.‘Sensitive non-classified information’ means sensitive non-classified information as defined in Article 2, point (26), of Regulation (EU) 2021/696.
5. ‘Tokens’ means the unit used for the payment or compensation for GOVSATCOM services, as defined in Article 2 of Commission Implementing Decision (EU) 2023/1055 3 .
6. ‘Control’ means the ability to exercise a decisive influence over a legal entity directly, or indirectly through one or more intermediate legal entities.
7. ‘Executive management structure’ means the body of a legal entity appointed in accordance with national law, and which, where applicable, reports to the chief executive officer or any other person having comparable decisional power, and which is empowered to establish the legal entity’s strategy, objectives and overall direction, and oversees and monitors management decision-making.
8. ‘Third country’ means any country which is not Norway or any EU Member State or any other EEA EFTA State participating to, as relevant, the GOVSATCOM component of the Union Space Programme or the Union Secure Connectivity Programme.
9. ‘GOVSATCOM component of the Union Space Programme’ or ‘GOVSATCOM’ means the GOVSATCOM component established by Regulation (EU) 2021/696.
10. ‘GOVSATCOM Participant’ means participant in the sense of Article 68 of Regulation (EU) 2021/696.
11. ‘Union Secure Connectivity Programme’ means the programme established by Regulation (EU) 2023/588.
12. ‘Union Secure Connectivity Participant’ means participant in the sense of Article 11 of Regulation (EU) 2023/588.
Article 3
Scope of Cooperation
This Agreement governs the participation of Norway in the GOVSATCOM component of the Union Space Programme and in the Union Secure Connectivity Programme and the access of Norway to Union Secure Connectivity governmental services and GOVSATCOM services.
It complements Decision of the EEA Joint Committee N° xx/2025 of xx.
Article 4
Union Secure Connectivity and GOVSATCOM participation
Norway shall be a Union Secure Connectivity Programme Participant and a GOVSATCOM Participant in the sense of Article 11 of the Secure Connectivity Regulation and Article 68 of the Space Regulation in that it authorises the users of the Union Secure Connectivity governmental services or GOVSATCOM services, or provides capacities, sites or facilities.
The prioritisation of services covered by this Agreement between the users authorised by Norway shall be determined and implemented by Norway.
Article 5
Competent secure connectivity authority
Norway shall designate a competent secure connectivity authority.
The competent secure connectivity authority shall ensure that:
(a) the use of services covered by this Agreement is in compliance with the general security requirements referred to in Article 30(3) of the Secure Connectivity Regulation and Article 34(2) of the Space Regulation;
(b) the access rights to the services covered by this Agreement are determined and managed;
(c) user equipment necessary for the use of the services covered by this Agreement and associated electronic communication connections and information are used and managed in accordance with the general security requirements referred to in Article 30(3) of the Secure Connectivity Regulation and Article 34(2) of the Space Regulation;
(d) a central point of contact is established to assist as necessary in the reporting of security risks and threats, in particular the detection of potentially harmful electromagnetic interference affecting the services under the GOVSATCOM component of the Union Space Programme and the Union Secure Connectivity Programme.
Article 6
Governmental services
1.Services covered by this Agreement shall be provided to the participants referred to in Article 4 according to the rules set in the Commission Implementing Decision (EU) 2023/1053 and Commission Implementing Decision (EU) 2023/1055.
2.Access to GOVSATCOM services and Union Secure Connectivity governmental services shall be subject to the fulfilling of the conditions governing their use in accordance with this Article.
3.The following entities may be authorised as users of GOVSATCOM services and Union Secure Connectivity governmental services:
(a)a Norwegian public authority or a body entrusted with the exercise of public authority in Norway; and
(b)a natural or legal person acting on behalf and under the control of an entity referred to in point (a).
4.The users of GOVSATCOM services and Union Secure Connectivity governmental services referred to in paragraph 3 of this Article shall be duly authorised by Norway to use those services and shall comply with the general security requirements referred to in Article 30(3) of the Secure Connectivity Regulation and Article 34(2) of the Space Regulation.
Article 7
Providers of satellite communication capacities and services
The Union may acquire satellite communication capacities and services under the GOVSATCOM component of the Union Space Programme provided by the following entities:
(a) Norway, as GOVSATCOM Participant referred to in Article 68 of the Space Regulation; and
(b) Norwegian legal persons duly accredited to provide satellite communication capacities or services in accordance with the security accreditation procedure referred to in Article 37 of the Space Regulation, which shall comply with the general security requirements for the GOVSATCOM component of the Union Space Programme, as referred to in Article 34(2) of the Space Regulation.
The system delivering those capacities and services shall be considered as a system delivering governmental services if it fulfils the requirements set in Article 2.2a of Commission Implementing Decision (EU) 2023/1054 4 , whereby Member State is to be understood as Member State or Norway.
Article 8
Capacities relevant to the services
The European Commission shall define the total number of Tokens to be distributed for the upcoming programmatic periods according to the available budget and to the conditions of the contracts and agreements concluded with resource providers.
Norway shall receive a percentage (in Tokens) of the Member States’ total share established in Commission Implementing Decision (EU) 2023/1055 5 and Commission Implementing Decision (EU) 2023/1053 6 .
Article 9
Enhanced Arctic coverage
The Union Secure Connectivity governmental infrastructure may include additional elements to enhance low latency coverage over the Arctic region.
Any additional financial contribution required for the design, development, deployment and exploitation of such elements shall be established by a decision of the joint committee referred to in Article 18 amending the present article in accordance with Article 18.4 and implemented in line with Article 12.
Article 10
Eligibility and participation conditions for Norwegian entities
Article 24 of the Space Regulation and Article 22 of the Secure Connectivity Regulation regarding eligibility and participation conditions under the programmes shall apply to this Agreement.
When the European Commission decides on a waiver in accordance with Article 24(3) of the Space Regulation without using derogation of the last subparagraph of Article 24(3), an eligible entity shall comply with the following participating conditions:
(a) the eligible legal entity is established in Norway and its executive management structures are established in Norway, or in an EU Member State, or in any other EEA EFTA State participating to, as relevant, the GOVSATCOM component of the Union Space Programme or in the Union Secure Connectivity Programme;
(b) the eligible legal entity commits to carrying out all relevant activities in Norway or an EU Member State or any other EEA EFTA State participating to, as relevant, the GOVSATCOM component of the Union Space Programme or in the Union Secure Connectivity Programme; and
(c) the eligible legal entity is not subject to control by a Third country or by a Third country entity.
Article 11
Implementing decisions
The relevant Commission implementing decisions applicable to the GOVSATCOM component of the Union Space Programme and the Union Secure Connectivity Programme shall apply to activities implemented under this Agreement.
Article 12
Additional contribution
Under this Agreement, Norway may offer an additional financial contribution to cover additional elements, on condition that such additional elements do not create any financial or technical burden or any delay in the proper implementation of the component concerned. Such additional financial contribution shall be established by a decision of the joint committee referred to in Article 18 amending the present article in accordance with Article 18.4 and shall be used to finance the associated additional element in accordance with Article 12 of the Space Regulation and Article 15 of the Secure Connectivity Regulation.
Article 13
Radio spectrum
1. The Parties agree to cooperate on spectrum issues concerning European secure connectivity in the International Telecommunication Union (ITU).
2. In this context the Parties shall protect the frequency allocations necessary for the European secure connectivity systems to ensure the availability of the services of these systems for the benefit of users.
3. Moreover, the Parties recognise the importance of protecting radio spectrum used by secure connectivity from disruption and interference. To this end they shall identify sources of interference and seek mutually acceptable solutions to combat such interference.
4. Nothing in this Agreement shall be construed so as to derogate from the applicable provisions of the ITU, including the ITU Radio Regulations.
Article 14
Protection of financial interests of the Union
Norway shall grant the necessary rights and access required for the authorising officer responsible, OLAF and the Court of Auditors to comprehensively exercise their respective competences. In the case of OLAF, such rights shall include the right to carry out investigations, including on-the-spot checks and inspections, as provided for in Regulation (EU, Euratom) No 883/2013.
Article 15
Security
1. The Parties shall protect the secure connectivity systems against threats such as misuse, interference, disruption and hostile acts. Consequently, the Parties shall take all practicable steps to ensure the continuity, safety and security of the Union Secure Connectivity and GOVSATCOM services and the related infrastructure and critical assets in their territories.
2. The European Commission intends to develop measures to protect, control and manage sensitive assets, information and technologies of the Union Secure Connectivity Programme and the GOVSATCOM component of the Union Space Programme against any threats.
3. Norway shall timely adopt and enforce, within its jurisdiction, measures providing an equivalent degree of security and safety as those applicable in the European Union.
Article 16
Participation in committees
Representatives of Norway shall be invited to participate as observers in the committees and working groups established for the management, development and implementation of the activities under the GOVSATCOM component of the Union Space Programme and the Union Secure Connectivity Programme in accordance with the relevant rules and procedures and without the right to vote.
Norway shall participate, without the right to vote, in the Security Accreditation Board of the Agency, for relevant parts of the GOVSATCOM component of the Union Space Programme and the Union Secure Connectivity Programme. Participation shall be restricted in compliance with the need-to-know policy established for the GOVSATCOM component of the Union Space Programme and the Union Secure Connectivity Programme and comply with the rules of procedure of the Security Accreditation Board.
Article 17
Safeguard measures
1. Each Party may, after consultation with the joint committee referred to in Article 18, take appropriate safeguard measures, including the suspension of one or several provisions of this Agreement if it finds that the other Party fails to comply with its obligations under this Agreement. After the adoption of safeguard measures, the Parties shall engage, without delay, in mutual consultations within the Joint Committee in order to re-establish the application of all provisions of this Agreement as soon as possible.
2. The scope and duration of the measures referred to in paragraph 1 shall be limited to what is necessary in order to remedy the situation and secure a fair balance of rights and obligations under this Agreement. The Parties shall continue their efforts to resolve the dispute in accordance with Article 19.
Article 18
Joint committee
1. The Parties hereby establish a joint committee consisting of official representatives of each Party whose need-to-know is established.
2. The joint committee shall oversee the functioning of this Agreement and be the forum where the Parties shall exchange views and information on any issue raised by either Party with regard to the implementation of the Agreement.
3. The joint committee shall adopt its rules of procedure. The joint committee may decide to establish subcommittees to assist it in carrying out its tasks. The joint committee shall establish the terms of reference of these subcommittees.
4. Articles 9 and 12 may be amended by a decision adopted by the joint committee. Such amendment shall enter into force thirty days following the date of adoption.
5. The joint committee shall meet twice a year, or more when necessary, at the request of either Party.
6. The joint committee shall be the forum to address requests for technical assistance by Norway.
Article 19
Dispute settlement
Any dispute settlement between the Parties arising under or related to the terms, interpretation or application of this Agreement shall be solely resolved by consultation between the Parties and will not be referred to any national or international tribunal or to any third party for settlement.
Article 20
Entry into force, amendment, and termination
1.This Agreement shall enter into force on the first day of the second month following the date on which the Parties have notified each other of the completion of their respective internal legal procedures.
2.This Agreement may be amended by written agreement of the Parties. Any amendment to this Agreement shall enter into force on the first day of the second month following the date on which the Parties have notified each other of the completion of their respective internal legal procedures.
3.This Agreement shall be in force until 31 December 2027. It shall be automatically extended for further successive periods of [10] years, unless either Party notifies the other Party in writing of its intention not to extend this Agreement no later than [3] months prior to the end of the initial term or any subsequent [10]-year period.
4.Either Party may notify the other Party in writing of its intention to terminate this Agreement. The termination shall take effect [3] months after the date of receipt of the notification.
5.Following the end of the term of this Agreement pursuant to paragraph 3, or its termination pursuant to paragraph 4, it shall be applied by the Parties to all the projects, actions and activities financed under the GOVSATCOM component of the Union Space Programme and the Union Secure Connectivity Programme or this Agreement, until the end of the contractual arrangements relating to those projects, actions and activities.
6.In case the Space Regulation, the Secure Connectivity Regulation or the implementing decisions referred to in this Agreement are amended, repealed or otherwise revised, references to the Space Regulation, the Secure Connectivity Regulation or the implementing decisions in this Agreement shall be construed as references to the amended, repealed or otherwise revised act or acts.
IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Authorities, have signed this Agreement.
Done at …. this…day of …. In two originals, in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Norwegian languages, all texts being equally authentic.
For the European Union For the Kingdom of Norway
Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU (OJ L 170, 12.5.2021, p. 69, ELI: http://data.europa.eu/eli/reg/2021/696/oj).
Regulation (EU) 2023/588 of the European Parliament and of the Council of 15 March 2023 establishing the Union Secure Connectivity Programme for the period 2023-2027 (OJ L 79, 17.3.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/588/oj).
OJ L 141, 31.5.2023, p. 57–66 ; ELI: http://data.europa.eu/eli/dec_impl/2023/1055/oj
OJ L 141, 31.5.2023, p. 49–56 ; ELI: http://data.europa.eu/eli/dec_impl/2023/1054/oj
OJ L 141, 31.5.2023, p. 57–66 ; ELI: http://data.europa.eu/eli/dec_impl/2023/1055/oj
OJ L 141, 31.5.2023, p. 44–48 ; ELI: http://data.europa.eu/eli/dec_impl/2023/1053/oj