Article 105

Equivalence

1. The Commission may adopt, on the basis of a detailed assessment, an equivalence decision, by means of implementing acts, in accordance with Article 114(2), stating that the legal and supervisory framework of a third country ensures that the third country space operators established in that third country comply with legally binding requirements that are equivalent to the requirements laid down in this Regulation and are subject to an effective supervision and enforcement in that third country.

2. The legal and supervisory framework of a third country shall be considered equivalent to this Regulation only if it fulfils at least the following conditions:

(a) the third country space operators established in that third country are subject to authorisation and effective supervision and enforcement on an ongoing basis;

(b) the third country space operators, established in that third country are subject to legally binding rules that are equivalent to the requirements laid down in Article 15; and

(c) the legal and supervisory framework of that third country provides for an effective equivalent system of recognition of space services providers authorised under third country legal regimes.

3. The Commission may attach specific conditions to the equivalence decisions, such as where the scale and scope of the space-based data or the space services provided by third country space operators are likely to be of strategic importance for the Union, or to ensure that the Commission, the Agency and the competent authorities have the necessary tools to prevent regulatory arbitrage. A decision shall specify whether it is granted for a definite period.

4. The Commission shall inform the European Parliament and the Council annually of the equivalence decisions which have been taken or withdrawn by the Commission in the reporting year.

5. The Agency shall establish cooperation arrangements with the relevant competent authorities of third countries whose legal and supervisory frameworks have been recognised as equivalent in accordance with paragraph 1. Such arrangements shall specify at least:

(a) the mechanisms for the exchange of information between the Agency, and the relevant supervisory authorities of the third countries concerned, including access to all information regarding the third country space operators authorised in the third countries, which are requested by the Agency;

(b) the mechanisms for a prompt notification to the Agency, where a third country competent authority deems that the third country space operators, which the Agency has registered in URSO, pursuant to Article 24, infringe the conditions of authorisation in that third country, or other law which those third country space operators are obliged to adhere to;

(c) the procedures concerning the coordination of activities, including investigation and on‐site inspections that the Agency may carry out, in cooperation with the competent authorities of Member States, having duly informed the competent authority of the third country thereof.

6. The Commission shall, in cooperation with the Agency, monitor whether the legal and supervisory framework of a third country continues to be equivalent with the requirements laid down in this Regulation. Where the legal and supervisory framework of a third country ceases to be equivalent, the Commission shall repeal the equivalence decision concerned.

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