
CHAPTER 1
Article 1 
This Regulation establishes

((a)) conditions for full and open access to information produced by the GMES services and of data collected through the GMES dedicated infrastructure;
((b)) criteria for restricting access to that information and data;
((c)) conditions for registration of GMES users.
Article 2 
For the purpose of this Regulation, the following definitions shall apply:

((a)) ‘GMES services’ means the service component referred to in Article 2(2)(a) of Regulation (EU) No 911/2010;
((b)) ‘GMES service information’ means information and its metadata produced by GMES services;
((c)) ‘GMES dedicated data’ means data collected through the GMES dedicated infrastructure and their metadata;
((d)) ‘metadata’ means structured information on data or information allowing their discovery, inventory and use;
((e)) ‘GMES dissemination platform’ means technical systems used to disseminate GMES dedicated data and GMES service information to users;
((f)) ‘discovery services’, means discovery services as defined in point 1.(a) of Article 11 of Directive 2007/2/EC;
((g)) ‘view services’ means view services as defined in point 1.(b) of Article 11 of Directive 2007/2/EC;
((h)) ‘download services’ means ‘download services’ as defined in point 1.(c) of Article 11 of Directive 2007/2/EC.
CHAPTER 2
Article 3 
Users shall have free, full and open access to GMES dedicated data and GMES service information under the conditions laid down in Articles 4 to 10, subject to the restrictions laid down in Articles 11 to 16.
Article 4 
Free access shall be given to GMES dedicated data and GMES service information made available through GMES dissemination platforms under pre-defined technical conditions referred to in Article 5(1).
Article 5 

1. For each type of GMES dedicated data and GMES service information, the providers of these data and information shall define at least one set of characteristics, format and dissemination media under the supervision of the Commission and shall communicate that definition on GMES dissemination platforms.
2. GMES dedicated data and GMES service information shall comply with the requirements of Directive 2007/2/EC to the extent that the data and information fall within the scope of those provisions.
Article 6 
GMES dedicated data and GMES service information shall be disseminated to users through GMES dissemination platforms provided by, or under the supervision of, the Commission.
Article 7 

1. Access to GMES dedicated data and GMES service information shall be given for the purpose of the following use in so far as it is lawful:
(a) reproduction;
(b) distribution;
(c) communication to the public;
(d) adaptation, modification and combination with other data and information;
(e) any combination of points (a) to (d).
2. GMES dedicated data and GMES service information may be used worldwide without limitations in time.
Article 8 

1. When distributing or communicating GMES dedicated data and GMES service information to the public, users shall inform the public of the source of that data and information.
2. Users shall make sure not to convey the impression to the public that the user’s activities are officially endorsed by the Union.
3. Where that data or information has been adapted or modified, the user shall clearly state this.
Article 9 
GMES dedicated data and GMES service information are provided to users without any express or implied warranty, including as regards quality and suitability for any purpose.
Article 10 
Where the Commission restricts access to GMES dedicated data and GMES service information to certain users in accordance with Article 12, those users shall register under a procedure allowing their unequivocal identification before they are allowed access.
CHAPTER 3
Article 11 
Where the open dissemination of certain GMES dedicated data or GMES service information conflicts with international agreements or the protection of intellectual property rights attached to data and information used as inputs in the production processes of GMES service information, or would affect in a disproportionate manner the rights and principles recognized in the Charter of Fundamental Rights of the EU, such as the right for private life or the protection of personal data, the Commission shall take the necessary measures pursuant to Article 13(1) of Regulation (EU) No 911/2010 to avoid any such conflict or to restrict the dissemination of the GMES dedicated data or GMES service information in question.
Article 12 

1. Where the open dissemination of GMES dedicated data and GMES service information presents an unacceptable degree of risk to the security interests of the Union or its Member States due to the sensitivity of the data and information, the Commission shall restrict their dissemination pursuant to Article 13(1) of Regulation (EU) No 911/2010.
2. The Commission shall assess the sensitivity of the GMES dedicated data and GMES service information using the sensitivity criteria set out in Articles 13 to 16.
Article 13 

1. Where GMES dedicated data are produced by a space-based observation system meeting at least one of the characteristics listed in the Annex, the Commission shall assess the data sensitivity on the basis of the following criteria:
(a) the technical characteristics of the data, including spatial resolution and spectral bands;
(b) the time between acquisition and dissemination of the data;
(c) the existence of armed conflicts, threats to international or regional peace and security, or to critical infrastructures within the meaning of point (a) of Article 2 of Directive 2008/114/EC in the area the GMES dedicated data relate to;
(d) the existence of security vulnerabilities or the likely use of GMES dedicated data for tactical or operational activities harming the security interests of the Union, its Member States or international partners.
2. Where GMES dedicated data are produced by a space-based observation system which does not meet any of the characteristics listed in the Annex, the GMES dedicated data are presumed not to be sensitive.
Article 14 
The Commission shall assess the sensitivity of GMES service information using the following criteria:

((a)) the sensitivity of inputs used in the production of GMES service information;
((b)) the time between acquisition of inputs and dissemination of the GMES service information;
((c)) the existence of armed conflicts, threats to international or regional peace and security, or to critical infrastructures within the meaning of point (a) of Article 2 of Directive 2008/114/EC in the area the GMES service information relates to;
((d)) the existence of security vulnerabilities or the likely use of GMES service information for tactical or operational activities harming the security interests of the Union, its Member States or international partners.
Article 15 
Where the conditions under which the assessment made according to Article 13 or 14 have changed, the Commission may reassess the sensitivity of GMES dedicated data or GMES service information on its own initiative or at the request of a Member State with a view to restricting, suspending or allowing the acquisition of GMES dedicated data or the dissemination of GMES service information. Where a Member State has submitted a request, the Commission shall have regard to the limits of the restriction in time and scope requested.
Article 16 

1. In the assessment of the sensitivity of the GMES dedicated data and GMES service information in accordance with Article 12, security interests shall be balanced against the interests of users and the environmental, societal and economic benefits of the collection, production and open dissemination of the data and information in question.
2. The Commission shall consider, when making its security assessment, whether restrictions will be effective if similar data are in any event available from other sources.
CHAPTER 4
Article 17 

1. Where the requests for access exceed the capacity of the GMES dissemination platforms, access to GMES resources may be reserved to any of the following users:
(a) the public services, industry, research organisations and citizens in the Union;
(b) the public services, industry, research organisations and citizens in third countries contributing to the operations of GMES;
(c) international organisations contributing to the operations of GMES.
2. The users for whom access is reserved in accordance with paragraph 1 shall register in order to gain access, providing their identity, contact information, area of activity and country of establishment.
Article 18 

1. To access download services, users shall register online on the GMES dissemination platforms. Registration shall be free of charge. Users shall be required to register only once and shall be accepted automatically. The registration process shall require the following:
(a) the creation by the user of a user account and password;
(b) statistical information limited to no more than 10 items to be given by the user.
2. No registration shall be required for discovery services and view services.
CHAPTER 5
Article 19 
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 12 July 2013.
For the Commission
The President
José Manuel BARROSO
ANNEX

(a) The system is technically capable of generating data of a geometric resolution of 2,5 metres or less in at least one horizontal direction.

(b) The system is technically capable of generating data of a geometric resolution of 5 metres or less in at least one horizontal direction in the 8–12 microns spectral range (thermal infrared).

(c) The system is technically capable of generating data of a geometrical resolution of 3 metres or less in at least one horizontal direction in the spectral range from 1 millimetre to 1 metre (microwave).

(d) The system has more than 49 spectral channels and is technically capable of generating data of a geometric resolution of 10 metres or less in at least one horizontal direction in at least one spectral channel.
