Framework Agreement between the European Community and the European Space Agency


Published: 2004-06-08

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22004A0806(03)
 
Framework Agreement between the European Community and the European
Space Agency
 
Official Journal L 261 , 06/08/2004 P. 0064 - 0068 
 
Dates:
of document:   25/11/2003
of effect:   00/00/0000; Entry into force See Art 12
of signature:   25/11/2003; Brussels
end of validity:   99/99/9999; Tacit renewal for 4 Years See
Art. 12
 
Authentic language: The official languages ; German ; English ;
Danish ; Spanish ; French ; Greek ; Italian ; Dutch ; Norwegian ;
Portuguese ; Swedish
Author:
European Community ; European Space Agency
 
Subject matter: Research and technological development ; Industry
Directory code: 13103000 ; 13203000
EUROVOC descriptor: ESA ; space policy ; scientific cooperation ;
space research ; EC agreement
 
Legal basis:
102E170................... Adoption
102E300-P2................ Adoption
102E300-P3L1.............. Adoption
Instruments cited:
398Y0717(01)..............
399Y1224(01)..............
300Y1223(01)..............
302D0676..................
Amended by:
Adopted by.... 304D0578.......... from 29/04/2004
 
 
 
 
Framework Agreement between the European Community and the European
Space Agency
 
THE EUROPEAN COMMUNITY,
and
THE EUROPEAN SPACE AGENCY,
(hereafter also collectively referred to as the Parties)
 
WHEREAS the European Community and the European Space Agency (ESA)
consider that closer cooperation between them will strengthen the
peaceful use of space as an important tool to contribute to European
cohesion and economic growth and will allow space-related activities
to be brought to a wider political, economic, scientific,
environmental and social framework more directly at the service of
European citizens;
WHEREAS each Party is confident that such cooperation will create
added value for the benefit of European citizens;
WHEREAS the Parties recognise that they have specific complementary
and mutually reinforcing strengths and are committed to cooperating
in an efficient and mutually beneficial manner and to avoiding any
unnecessary duplication of effort;
WHEREAS space technology has become a unique and critical technology
enabling the Community to address and achieve a large number of the
goals of its policies, notably related to information society,
transport and environmental protection;
HAVING REGARD TO the various Resolutions adopted by the Council of
the European Union(1) and by the Council of the European Space
Agency(2) and to the Council of the European Union Conclusions of 10
December 2001 , the said two Councils have encouraged the
establishment of a framework for cooperation between the Parties,
while maintaining their respective distinct tasks and
responsibilities;
WHEREAS Decision No 676/2002 of the European Parliament and of the
Council of 7 March 2002 on a regulatory framework for radio spectrum
policy in the European Community (Radio Spectrum Decision) is
relevant, given that any space systems or applications will depend
on the availability of radio frequencies,
HAVE AGREED AS FOLLOWS:
Article 1
Purpose of the cooperation
The aim of this Framework Agreement is to address the following
issues:
1. The coherent and progressive development of an overall European
Space Policy. Specifically, this policy shall seek to link demand
for services and applications using space systems in support of the
Community policies with the supply of space systems and
infrastructure necessary to meet that demand.
2. The establishment of a framework providing a common basis and
appropriate operational arrangements for an efficient and mutually
beneficial cooperation between the Parties with regard to space
activities in accordance with their respective tasks and
responsibilities and fully respecting their institutional settings
and operational frameworks. The cooperation under this Framework
Agreement between the Parties aims at:
(a) securing Europe's independent and cost-effective access to space
and the development of other fields of strategic interest necessary
for the independent use and application of space technologies in
Europe;
(b) ensuring that the overall European Space Policy takes into
particular account the general policies pursued by the European
Community;
(c) supporting Community policies by using space technologies and
space infrastructures where appropriate and promoting the use of
space systems in support of sustainable development, economic growth
and employment;
(d) optimising the use of expertise and available resources and
contributing to the consolidation of the close cooperation between
the European Community and ESA, thereby linking the demand and
supply of space systems within a strategic partnership;
(e) achieving greater coherence and synergy of research and
development in order to optimise the use of resources available in
Europe, including the network of technical centres.
 
 
Article 2
Principles of cooperation
1. The cooperation between the Parties shall be pursued in the light
of the common objectives as defined under Article 1, with due regard
to their respective tasks and responsibilities and their respective
institutional settings and operational frameworks.
2. Each Party shall take the decisions necessary for the
implementation of this Agreement, as described in Article 4, in
accordance with its own internal procedures.
3. Bearing in mind the nature of space technologies and
infrastructures, both Parties, in implementing this Agreement, shall
take into account their security dimension.
Article 3
Fields of cooperation
1. The Parties have identified the following specific fields of
cooperation:
science,
technology,
earth observation,
navigation,
communication by satellite,
human space flight and micro-gravity,
launchers,
spectrum policy related to space.
 
2. The Parties may identify and develop new fields for cooperation.
Article 4
Implementation
1. For the implementation of this Agreement each Party shall
undertake, in compliance with its own prerogatives, legal
instruments and procedures, such actions as are required to achieve
the purpose of the cooperation provided for in Article 1.
2. Such actions shall aim at fostering the utilisation of space
research and development and space applications in the public and
private sectors, the promotion of the adoption of legislative,
regulatory and standardisation measures in this sector, the funding
and carrying out of joint initiatives pursuant to Article 5.
3. Each Party shall refer to the competencies and capabilities of
the other, whenever an action is necessary, to pursue the purpose of
the cooperation, and shall provide the other Party with expertise
and support in its own specific fields of competence.
Article 5
Joint initiatives
1. Subject to paragraph 3, the joint initiatives to be carried out
by the Parties may take, without being limited to, the following
forms:
(a) the management by the ESA of European Community space-related
activities in accordance with the rules of the European Community;
(b) the participation by the European Community in an optional
programme of the European Space Agency, in accordance with Article
V.I.b of the ESA Convention;
(c) the carrying out of activities which are coordinated,
implemented and funded by both Parties;
(d) the creation by the Parties of bodies charged with pursuing
initiatives complementary to research and development activities,
such as the provision of services, the promotion of operators
formation and the management of infrastructures;
(e) the carrying out of studies, the organisation of scientific
seminars, conferences, symposia and workshops, the training of
scientists and technical experts, the exchange or sharing of
equipment and materials, the access to facilities, and the support
of visits and exchanges of scientists, engineers or other
specialists.
 
2. When the implementation of a joint initiative requires a detailed
definition, it shall be provided for in specific arrangements to be
entered into between the Parties. Whenever applicable, such specific
arrangements should include at least:
(a) the overall mission definition;
(b) a description of the objectives;
(c) a consolidated set of user requirements;
(d) a work plan;
(e) an appropriate management scheme;
(f) the role and financial implications of the Parties;
(g) an industrial policy scheme;
(h) budgetary aspects;
(i) rules of intellectual property rights, rules of ownership
including the transfer of ownership, the implementation principles
including voting rights, and the participation by third Parties.
 
Both Parties shall work out guiding principles in addition to these
specific arrangements as soon as possible.
3. Any financial contribution made by one Party in accordance with a
specific arrangement shall be governed by the financial provisions
applicable to that Party. Under no circumstances shall the European
Community be bound to apply the rule of ėgeographical distribution»
contained in the ESA Convention and specially in Annex V thereto.
Compliance with the rules relating to financial control and auditing
of the Party contributing to the joint initiatives, or of both
Parties in case of joint contribution, shall apply to any joint
activity.
Article 6
Consultation and information
1. The Parties shall consult each other regularly in order to
coordinate their activities to the fullest extent. Each Party shall
inform the other of any initiatives within its own decision-making
process, in the fields of cooperation under Article 3, which may be
of interest to the other Party.
2. The Parties shall exchange all information at their disposal
which may be required for the implementation of this Agreement,
subject to their respective rules.
3. Except when otherwise provided, the Parties shall not disclose
any information exchanged in connection with this Agreement to any
persons other than those employed by them or officially entitled to
handle such information nor shall they use it for commercial
purposes. Such disclosure shall extend only so far as may be
necessary for the purpose of this Agreement set out in Article 1 and
shall be in strict confidence.
Article 7
External dimension of the cooperation
1. Each Party shall inform the other of its activities of an
international dimension which may be of interest to the other Party.
2. Whenever appropriate a Party may, in relation to any matters
relevant to its international activities, consult the other Party.
3. Once a specific arrangement has been concluded between the
parties in accordance with Article 5, the external aspects of this
joint activity vis-š-vis third parties shall be pursued jointly by
the parties in accordance with that specific arrangement.
Article 8
Coordination and facilitation of cooperative activities
1. The coordination and facilitation of cooperative activities under
this Agreement shall be accomplished by regular joint and
concomitant meetings of the Council of the European Union and of the
Council of ESA at ministerial level (Space Council).
2. The objectives of the joint and concomitant meetings shall
include the following:
(a) providing orientations supporting the achievement of the
objectives of this Agreement and identifying actions required;
(b) making recommendations, in particular related to the main
elements of the specific arrangements;
(c) advising the parties on ways to enhance cooperation consistent
with the principles set out in this Agreement;
(d) reviewing the effective and efficient functioning of this
Agreement.
 
3. A Secretariat shall assist the concomitant meetings and shall
elaborate the initiatives deriving from the implementation of this
Agreement. The Secretariat shall implement the guidelines provided
by the concomitant meetings of the two Councils. The Secretariat
shall establish its own rules of procedure and be composed of
officials of the Commission of the European Communities and of the
ESA Executive. The Parties shall undertake, in accordance with their
respective rules and procedures, to contribute to the required
administrative support.
4. Without prejudice to the Parties' internal decision-making
procedures, the Secretariat shall consult on a regular and informal
basis high-level representatives of the Member States of the
European Community and of the European Space Agency, with the
purpose of reaching common understanding on issues related to the
implementation of this Agreement.
Article 9
Exchange of personnel
1. The Parties may second members of their staff to each other for
specified periods in order to share expertise and develop mutual
understanding.
2. Rules for the implementation of this Article shall be established
by the Secretariat, as referred to in Article 8, and be agreed to in
the form of a specific arrangement under this Framework Agreement.
Article 10
Public relations
1. The Parties undertake to coordinate in advance their
public-relations, press and media activities concerning any joint
public activities relating to subjects covered by this Agreement.
2. In all relevant media activities, the role of each Party in this
Agreement shall be clearly identified and mentioned.
3. The detailed arrangements for implementing public relations
activities provided for in this Article shall be adopted jointly.
Article 11
Settlement of disputes
1. Any disputes which may arise between the Parties relating to the
interpretation or application of this Agreement shall be submitted
for direct negotiations within the Secretariat.
2. If it is not possible to settle the dispute in accordance with
paragraph 1, either of the two Parties may notify the other of the
appointment of an arbitrator. The other Party shall then appoint its
own arbitrator within a period of two months. The arbitrators shall
then appoint a third arbitrator within one month.
3. The arbitrators' decisions shall be taken by majority vote.
4. The award of the Arbitration Tribunal shall be final and binding
on the Parties.
5. Each Party to the dispute shall take the appropriate steps
required to implement the arbitrators' decisions.
Article 12
Entry into force, duration, amendments and termination
1. This Agreement shall enter into force on the date of the last
written communication by which the Parties notify each other that
their respective internal procedures necessary for its entry into
force have been completed.
2. This Agreement shall remain in force for four years from the date
of its entry into force. It shall be automatically extended for
subsequent periods of four years unless either of the Parties
notifies the other Party in writing, at least one year before the
expiry of any of its periods of duration, of its intention to
terminate it.
This Agreement shall terminate upon the expiry of twelve months
after the receipt of written notification by one Party sent by the
other Party.
3. The termination or expiry of this Agreement shall not affect the
validity of the specific arrangements entered into between the
Parties in accordance with Article 5, which shall remain in full
force and effect until the terms for their execution or termination
take place.
4. This Agreement shall be amended only by written agreement between
the Parties.
5. This Agreement is not intended to modify or supersede any
previous agreements entered into between the Parties, which shall
remain in full force and effect in accordance with their own terms
and provisions.
Article 13
Signature and authenticity
This Agreement shall be drawn up in duplicate in the Danish, Dutch,
English, Finnish, French, German, Greek, Italian, Norwegian,
Portuguese, Spanish and Swedish languages, each of these texts being
equally authentic.
Hecho en Bruselas, el veinticinco de noviembre del dos mil tres .
Undördiget i Bruxelles den femogtyvende november to tusind og tre .
Geschehen zu BrŽssel am fŽnfundzwanzigsten November
zweitausendunddrei .
>ISO_7>øółżõ>ISO_1> >ISO_7>ėĮłĖ>ISO_1> >ISO_7>ĀęįžąūūõĖ>ISO_1>,
>ISO_7>ėĮłĖ>ISO_1> >ISO_7>õčś˙ėł>ISO_1> >ISO_7>ĘążĮõ>ISO_1>
>ISO_7>Ķ˙õüņęč˙į>ISO_1> >ISO_7>ōž˙>ISO_1> >ISO_7>šłūłĄōõĖ>ISO_1>
>ISO_7>Įęčń>ISO_1>.
Done at Brussels on the twenty-fifth day of November in the year two
thousand and three .
Fait š Bruxelles, le vingt-cinq novembre deux mille trois .
Fatto a Bruxelles, addü venticinque novembre duemilatre .
Gedaan te Brussel, de vijfentwintigste november tweeduizenddrie .
Utferdiget i Brussel den tjuefemte november totusenogtre .
Feito em Bruxelas, em vinte e cinco de Novembro de dois mil e trśs .
Tehty Brysselissō kahdentenakymmenentenōviidentenō pōivōnō
marraskuuta vuonna kaksituhattakolme .
Utferdiget i Brussel den tjuefemte november totusenogtre .
Por la Comunidad Europea
For Det Europöiske Föllesskab
FŽr die Europōische Gemeinschaft
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>ISO_7>ÅįęųĘń>ISO_1>˙>ISO_7>śČ>ISO_1> >ISO_7>Ź˙łżŽĮ÷Įń>ISO_1>
For the European Community
Pour la Communautł europłenne
Per la Comunitš europea
Voor de Europese Gemeenschap
For Den europeiske union
Pela Comunidade Europeia
Euroopan yhteisŠn puolesta
FŠr Europeiska gemenskapen
 
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Por la Angecia Espacial Europea
For Den Europöiske Rumorganisation
FŽr die Europōische Weltraumorganisation
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>ISO_7>Åįę˙ųĘń>ISO_1>˙>ISO_7>śČ>ISO_1> >ISO_7>ÕĘ÷ęõėčń>ISO_1>
>ISO_7>ÄłńėĮČüńĮ˙Ė>ISO_1>
For the European Space Agency
Euroopan avaruusjōrjestŠn puolesta
Pour l'Angence spatiale europłenne
Per l'Agenzia spaziale europea
Voor het Europees Ruimteagentschap
For Den europeiske romorganisasjon
Pela Agśncia Espacial Europeia
FŠr Europeiska rymdorganisationen
 
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(1) The EU Council Resolutions of 22 June 1998 (OJ C 224, 17.7.1998,
p. 1), 2 December 1999 (OJ C 375, 24.12.1999, p. 1), 16 November
2000 , (OJ C 371, 23.12. 2000, p. 2).
(2) The ESA resolutions of: 23 June 1998 : ESA/C/CXXXVI/Res.1
(Final), 11 May 1999 : ESA/C-M/CXLI/Res. 1 (Final); ESA/C(2000)67;
ESA/C-M/CXLVIII/Res. 1 (Final), 16 November 2000 , referring to the
European Strategy for Space; ESA/C-M/CLIV/Res. 1 (Final), 15
November 2001 ; ESA/C-M/CLXV/Res.3 (Final), 27 May 2003 .