First Pool Programmatic Term
Article 1
Open ↗Implementing Decision (EU) 2023/1055 is amended as follows: 1. in Article 4, paragraphs (4) and (5) are replaced by the following: ‘(4) A participant may buy additional tokens through the GOVSATCOM hub at the conversion ratio of tokens defined for that PPT in accordance with the following conditions: (a) where the purchase of tokens is to be added to the fixed allocation of the participant’s account, the participant shall send its request to buy additional tokens to the GOVSATCOM hub with the plan referred to in Article 6(1); (b) where the purchase of tokens is to be added to the dynamic allocation pre-paid part of the participant’s account, the participant shall send its request to buy additional tokens to the GOVSATCOM hub with the information on the split of its remaining tokens referred to in Article 7(1); (c) where the purchase of tokens is to be added to the dynamic allocation on-demand part of the participant’s account, the participant may send its request to buy additional tokens to the GOVSATCOM hub at any time during a PPT. The GOVSATCOM hub shall notify the Commission of the purchase of additional tokens by a participant. (5) A participant may donate tokens from its account to another participant only with the agreement of the participant receiving the tokens. Once the agreement between the donating and the receiving participants has been reached, the donating participant shall request the transfer of tokens to the GOVSATCOM hub. The GOVSATCOM hub shall perform the transfer in the receiving participants’ accounts. The GOVSATCOM hub shall notify the Commission of the transfer once the transfer has taken place. Tokens shall be transferred from the same part of the donating participant’s account (the dynamic allocation pre-paid or dynamic allocation on-demand part) to the same part of the receiving participant’s account.’ ; 2. in Article 5, paragraphs 2 and 3 are amended as follows: (a) in paragraph 2, point (a) is replaced by the following: ‘(a) the Member States and third countries total share , which is set to 75 % of the total number of tokens;’; (b) in paragraph 2, the following second subparagraph is added: ‘By way of derogation from the first subparagraph, during the first PPT, the crisis margin shall be set to 0 and the Commission shall equally distribute the tokens, which were divided into crisis margin pursuant to Article 5, between the Member States whose share of the Member States and third countries total share is less than 5 %.’; (c) paragraph 3 is replaced by the following: ‘(3) The Member States and third countries total share shall be further divided between the participants. A Member State or a country participating to the programme in accordance with Articles 7 and 8 of Regulation (EU) 2021/696 shall receive a percentage (in tokens) of the Member States and third countries total share . The Commission shall use the following formula to calculate that percentage: Share The population for a Member State shall be the one set out in Annex III to Council Decision adopting the Council’s Rules of Procedure ( *1 ) . The financial contribution and the source for information on population of third countries participating in the programme shall be set out in the agreement governing the third countries participation in and access to GOVSATCOM. The number of tokens received by a participant shall be the participant share for that participant for the next PPT. If a Member State or a country participating in GOVSATCOM has not nominated its CGA at least 32 weeks before the starting date of the PPT, its tokens shall be distributed among the Member States and countries participating in GOVSATCOM, which have nominated their CGA, on a pro rata basis. ( *1 ) Council Decision of 1 December 2009 adopting the Council’s Rules of Procedure ( OJ L 325, 11.12.2009, p. 35 , ELI: http://data.europa.eu/eli/dec/2009/937/oj ).’;" 3. in Article 6, the following paragraph 4a is inserted: ‘(4a) By way of derogation, during the first PPT, paragraphs 1 to 4 of this Article shall not apply.’ ; 4. Article 7 is amended: (a) the following paragraph 1a is inserted: ‘(1a) By way of derogation from paragraph 1, during the first PPT, participants shall allocate all their tokens to the dynamic allocation on-demand part of their account.’ ; (b) the following paragraph 3a is inserted: ‘(3a) By way of derogation from paragraph 3, during the first PPT, the contracts or agreements with providers referred to in Article 3(2) shall not include resources in the pool that are reserved in case of crisis.’ ; 5. the following Article 8a is inserted: ‘Article 8a First Pool Programmatic Term (1) The Commission shall notify the participants of the starting date of the first PPT and of the number of tokens available to each participant one week before the entry into service of the GOVSATCOM hub. The Commission shall notify the GOVSATCOM hub of the tokens available for each participant. (2) If a Member State or a country participating in GOVSATCOM has not nominated its CGA 12 months after the starting date of the first PPT, its tokens shall be distributed among the Member States and countries participating in GOVSATCOM, which have nominated their CGA, on a pro rata basis.’ ; 6. the following Article 11a is inserted: ‘Article 11a Notification and distribution planning 1. Ten months after the starting date of each PPT pursuant to Article 3(5), participants with tokens available for donation or with unfulfilled needs shall notify the Commission. This notification shall include the following information: (a) the forecasted number of tokens that a participant plans not to use during the PPT; (b) the number of tokens each participant wants to donate volontarily, if any; (c) the forecasted volume of additional tokens required to fulfill the needs for services. Based on those notifications and taking into account the overall budget available for that PPT, the number of tokens available for donation and the unfulfilled needs of participants, the Commission shall prepare a distribution plan of tokens available for donation and circulate it to the donating participants within 6 weeks of receiving the notifications from the participants. The donating participants shall provide their feedback within two weeks of receiving the distribution plan. Within two weeks of receiving that feedback, the Commission shall notify the distribution plan to donating and receiving participants. The Commission shall notify the GOVSATCOM hub of the distribution plan without delay. The GOVSATCOM hub shall distribute the tokens according to the distribution plan. 2. The process referred to in paragraph 1 shall be without prejudice to the purchase of tokens referred to in Article 4(4) and the donation of tokens referred to in Article 4(5).’