Article 108

Relations with the European Space Agency

1. The Union shall endeavour to conclude an agreement with the European Space Agency (ESA) to advance the objectives pursued by this Regulation and to strengthen the cooperation between the Union and ESA.

2. The agreement referred to in paragraph 1 shall set forth the conditions for the implementation by ESA of the requirements laid down in Title IV, and the practical and operational arrangements for ensuring the control of the application of such requirements, and in particular:

(a) where ESA is not the operator of the Union-owned assets, the arrangements needed for ESA to carry out the technical assessment allowing the Commission to assess the compliance of the Union space operator of Union-owned space assets, with the requirements laid down in the Regulation, with a view to issuing the authorisation and carrying out the ongoing supervision referred to in Article 11(1), first subparagraph;

(b) where Union-owned assets are either operated or owned by ESA, the needed arrangements and conditions for allowing the technical assessment activities and the tasks of authorisation and supervision;

(c) any support which may be provided by ESA regarding the technical specifications needed for standardisation, under the supervision of the Commission, while taking into account the existing international technical standards for space activities.

3. ESA may provide support to Member States by carrying out technical assessments, pursuant to Article 8(1), point (b).
The agreement referred to in paragraph 1 shall set out the conditions for ESA to be recognised as a qualified technical body for space activities.

4. Upon request by the Commission, ESA may attend as observer or member, any relevant advisory group of technical nature that may be established under this Regulation.

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