Cooperating State Agreement between the Republic of Lithuania and the European Organisation for the Exploitation of Meteorological Satellites (EUMETSAT)


Published: 0000-00-00

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Cooperating State Agreement
between
The republic of LITHUANIA
and
The European Organisation for the Exploitation of Meteorological Satellites (EUMETSAT)
 
 
Preamble
 
The Republic of Lithuania, represented by the Acting Minister of Environment,
 
and
 
The European Organisation for the Exploitation of Meteorological Satellites (EUMETSAT), established by the Convention opened for signature in Geneva on 24 May 1983 and entered into force on 19 June 1986, as amended by the Amending Protocol attached to Council Resolution EUM/C/Res. XXXVI, which entered into force on 19 November 2000, represented by its Director-General,
 
TAKING INTO ACCOUNT that the Republic of Lithuania became Member State of the European Union on 1 May 2004,
 
TAKING INTO ACCOUNT the long-standing cooperation among European countries in the field of meteorology within the framework of the World Meteorological Organization (WMO),
 
BEARING IN MIND that the primary objective of EUMETSAT is to establish, maintain and exploit European systems of operational meteorological satellites, taking into account as far as possible the recommendations of the WMO, and that a further objective is to contribute to the operational monitoring of the climate and the detection of global climatic changes,
 
BEARING IN MIND Article 2 of the EUMETSAT Convention, which invites EUMETSAT to conclude agreements with non-Member States for the purpose of achieving its objectives and in conformity with meteorological tradition,
 
CONSIDERING EUMETSAT´s wish to promote the use of EUMETSAT data, products and services at a wider European level and stressing the need to extend the EUMETSAT funding base,
 
CONSIDERING further that the EUMETSAT Council, at its 34th meeting on 24-26 June 1997, has defined the “Cooperating State” status as an intermediate step for European countries wishing to become full EUMETSAT Member States,
 
NOTING the fruitful bilateral cooperation between EUMETSAT and the Lithuanian Hydrometeorological Service under the Ministry of Environment of the Republic of Lithuania initiated already in 1995 through signature of a Cooperation Agreement on Use of Images and Information from the EUMETSAT Meteosat Satellites,
 
FOLLOWING the wish expressed by the Republic of Lithuania to become a EUMETSAT Cooperating State within the framework conditions established by the EUMETSAT Council at its 34th meeting on 24-26 June 1997,
 
IN ACCORDANCE WITH Articles 2, 5, 10 and 11 of the EUMETSAT Convention,
 
HAVE AGREED AS FOLLOWS:
Article 1
Purpose
 
The purpose of this Agreement is to provide a long-term continuing framework for close cooperation between EUMETSAT and the Republic of Lithuania and to define the Republic of Lithuania's rights and obligations as a EUMETSAT Cooperating State.
 
Article 2
Access to EUMETSAT Data, Products and Services
1.       As a Cooperating State, the Republic of Lithuania shall have the same rights and obligations as EUMETSAT Member States concerning access, utilisation and distribution of EUMETSAT data, products and services.
2.       The terms and conditions for access, utilisation and distribution of EUMETSAT data, products and services are defined in the EUMETSAT Data Policy and agreed by the EUMETSAT Council.  These terms and conditions may distinguish between mandatory and optional programmes.
3.       Concerning third party data distributed by EUMETSAT, or data from systems established by EUMETSAT in cooperation with third parties, the access, utilisation and distribution of such data by the Republic of Lithuania is subject to agreement by the relevant third party.
4.       Concerning data referred to in paragraph 3 above, EUMETSAT will support the Republic of Lithuania in negotiating with the relevant third party access and utilisation rights equivalent to those applicable to EUMETSAT's Member States.
5.      
Article 3
EUMETSAT Advisory Committee of Cooperating States
1.       The Republic of Lithuania shall nominate one representative from the Lithuanian Hydrometeorological Service under the Ministry of Environment of the Republic of Lithuania to be a member of the EUMETSAT Advisory Committee of Cooperating States (EACCS), which is established as a subsidiary body of the EUMETSAT Council, under the EUMETSAT Council Rules of Procedure.
2.       The EACCS shall be invited to be represented at sessions of the Council by its Chairperson, in accordance with the Council’s Rules of Procedure. Council may also decide to invite the Chairperson of EACCS to subsidiary bodies, if appropriate.
3.      
Article 4
Financial Contribution
1.       The rate of contribution of the Republic of Lithuania to the EUMETSAT Annual Budgets shall be one half of the rate of contribution that the Republic of Lithuania would have to pay under the provisions of the EUMETSAT Convention, were it a Member State. This rate shall be applied to the overall amount funded by contributions from Member States and Cooperating States within the EUMETSAT Budgets.
 
2.       The annual contribution of the Republic of Lithuania shall be paid in EUR as defined by the European Communities.
3.       The methods of payment of the Republic of Lithuania's annual contribution shall be the same as those established for Member States in the EUMETSAT Financial Rules.
4.       The annual contribution of the Republic of Lithuania to EUMETSAT shall be subject to a three-year transition period, during which the Republic of Lithuania's contribution will be successively one quarter, one half, and three quarters of the contribution as defined in paragraph 1 above. The annual contribution applicable during this transition period shall however not be lower than the minimum contribution defined in paragraph 5 below.
5.       The annual contribution of the Republic of Lithuania shall in no case be lower than 130,000 EUR.
6.       The Republic of Lithuania shall start to contribute to the EUMETSAT Annual Budgets from 1 January 2005.
 
Article 5
Liability
1.       The Parties hereby waive any of their claims against each other for any injury to persons or damage to property arising out of this Agreement except for claims arising out of wilful misconduct.
2.       EUMETSAT shall have no commitment to the continuity or availability of the data, products or services covered by this Agreement or to the quality or suitability for any purpose of such data, products or services.
Article 6
Settlement of Disputes
1.       Any dispute on the interpretation or implementation of the terms of this Agreement which cannot be settled amicably shall be subject to arbitration at the request of either Party.
2.       The arbitration procedure shall be as set out in the EUMETSAT Convention.
3.      
Article 7
Entry into Force, Duration, Review
1.       This Agreement is subject to acceptance by the Republic of Lithuania according to its national legislation and shall enter into force on the day of receipt by EUMETSAT of the formal notification of acceptance. This Agreement shall remain in force until 31 December 2009, unless the Republic of Lithuania becomes a full Member State of EUMETSAT earlier.
 
2.       During the third year following the entry into force of this Agreement, the Parties shall proceed to a formal review of their cooperation with a view to accession by the Republic of Lithuania to EUMETSAT as a full Member State. Exceptionally, renewal of this Agreement for further periods may be considered.
3.       Pending the completion of the procedure for the entry into force of this Agreement, the provisions of this Agreement shall be applied provisionally upon its signature.
4.      
Article 8
Amendments
This Agreement may be amended by written agreement between the Parties.
 
Article 9
Termination
1.       This Agreement may be terminated upon written notice by either Party before the end of the period defined in Article 7.1.
2.       The termination shall take effect at the end of the financial year following that during which it was notified.
3.       Should the Republic of Lithuania fail to fulfil its obligations under this Agreement, EUMETSAT shall be entitled to terminate the Agreement upon decision taken by the EUMETSAT Council. This decision shall take effect at the end of the financial year during which it was taken.
 
IN WITNESS WHEREOF, the undersigned being duly authorised, have signed this Agreement.
 
This Agreement is drawn up in two copies in the English and Lithuanian languages, each text being equally authentic.
 
Done and signed in two originals, one for each Party of this Agreement,
 
In Vilnius on 3 December 2004                                    In Darmstadt on 17 December 2004
 
For the Republic of Lithuania                                       For EUMETSAT
 
Arūnas Kundrotas                                                         Dr. Lars Prahm
Acting Minister of Environment                                    Director-General