For the programmes and activities listed in Article 1] and subject to the provisions of the Trade and Cooperation Agreement between the European Union and the United Kingdom and in particular of Article 711, United Kingdom entities participating in programmes covered by this Protocol shall, as regards ownership, exploitation and dissemination of information and intellectual property arising from such participation, have equivalent rights and obligations as entities established in the Union participating in the programmes and activities in question. This provision shall not apply to the results obtained from projects started before the application of this Protocol.

DRAFT PROTOCOL II

On access of the United Kingdom to services established under certain Union programmes and activities in which the United Kingdom does not participate

Article 1: Scope of the access

The United Kingdom shall have access to the following services under the terms and conditions established in the Trade and Cooperation Agreement between the European Union and the United Kingdom, the basic acts and any other rules pertaining to the implementation of the relevant Union programmes and activities:

(a) Space Surveillance and Tracking (SST) Services as defined in Article 54 of Regulation XXX (17) [the Space Regulation].

Pending the entry into force of the implementing acts setting the third country conditions to the three publicly available SST services, SST services as referred to in Article 5.1 of Decision 541/2014/EU shall be provided to the United Kingdom and public and private spacecraft owners and operators operating in or from the United Kingdom in accordance with Article 5.2 of this decision (or any legislation replacing it with or without modification).

Article 2: Duration of the access

The United Kingdom shall have access to the services referred to in Article 1 for their entire duration or for the entire duration of the multiannual financial framework 2021-2027, whichever is shorter.

Article 3: Specific terms and conditions for access to SST services

Access of the United Kingdom to publicly available SST services referred to in point (a), (b) and (c) of Article 54(1) of that Regulation shall be granted (18) in accordance with Article 8(1) of Regulation XXX, upon request and subject to conditions applicable to third countries.

Access of the United Kingdom to SST services referred to in point (d) of Article 54(1) of the basic act shall, when available (19), be subject to conditions applicable to third countries.

DECLARATION ON THE ADOPTION OF ADEQUACY DECISIONS WITH RESPECT TO THE UNITED KINGDOM

The Parties take note of the European Commission’s intention to promptly launch the procedure for the adoption of adequacy decisions with respect to the UK under the General Data Protection Regulation and the Law Enforcement Directive, and its intention to work closely to that end with the other bodies and institutions involved in the relevant decision-making procedure.

(1) For the purposes of the commitments in this Declaration, with respect to the European Union, references to Participants are understood as being to the European Union, its Member States, or the European Union and its Member States, as the case may be.

(2) For this purpose, discrimination means that comparable situations are treated differently and the differentiation is not objectively justified.