Law Approving The Following International Acts: Amendment No. 5 Between The Government Of The French Republic And The Government Of The Kingdom Of Belgium Concerning The Joint Of An Earth Observation Program Implementation, And Annex, And

Original Language Title: Loi portant assentiment aux actes internationaux suivants : l'Avenant n° 5 entre le Gouvernement de la République française et le Gouvernement du Royaume de Belgique concernant l'exécution en commun d'un programme d'observation de la terre, et annexe, et

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Posted the: 2016-01-12 Numac: 2008015116 Foreign Affairs, external trade and development COOPERATION FEDERAL PUBLIC SERVICE June 23, 2008. -Law on consent in the following international acts: Amendment No. 5 between the Government of the French Republic and the Government of the Kingdom of Belgium concerning the joint of an Earth observation program implementation, and annex, and Amendment No. 1 to rider No. 4 between the Government of the French Republic and the Government of the Kingdom of Belgium concerning the joint of an observer programme implementation of the Earth made in Paris June 21, 2001 (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Addendum No. 5 to the agreement between the Government of the French Republic and the Government of the Kingdom of Belgium concerning the joint of an Earth observation program implementation, and annex, made in Paris on June 21, 2001, will release their full and complete effect.
S. 3. the Amendment No. 1 to rider No. 4 between the Government of the French Republic and the Government of the Kingdom of Belgium concerning the joint implementation of a programme of observation of the Earth, made in Paris June 21, 2001, will release its full and complete effect.
Promulgouns this Act, order that it be under the seal of the State and published by le Moniteur given to Brussels, June 23, 2008.
ALBERT by the King: the Minister for Foreign Affairs, K. DE GUCHT the Minister for SMEs, the self-employed, Agriculture and science policy, Ms. S. LARUELLE seen and sealed with the seal of the State: the Minister of Justice, J. VANDEURZEN _ Notes (1) Session 2007-2008: Senate: Documents. -4-564/1: Bill filed February 13, 2008. -4-564/2: report on behalf of the Committee.
Parliamentary Annals. -Discussion and vote: meeting of April 10, 2008.
House of representatives: Documents. -52-1058/1: draft transmitted by the Senate. -52-1058/2: text adopted in plenary meeting and submitted to Royal assent.
Parliamentary Annals. -Discussion and vote: meeting of May 15, 2008.
(2) the international acts have entered into force on August 18, 2008.
Amendment No. 5 to the agreement between the Government of the French Republic and the Government of the Kingdom of Belgium concerning the joint implementation of a programme of Earth observation the Government of the French Republic and the Government of the Kingdom of Belgium, hereinafter referred to as the Parties, whereas the agreement between the Government of the French Republic and the Government of the Kingdom of Belgium signed on June 20, 1979, hereinafter referred to as the intergovernmental agreement, aimed at the joint of an implementation programme of Earth observation, and addenda 1 to 4 to this agreement, whereas their fruitful cooperation for the development and exploitation of the VEGETATION-1 system, whereas their common interest to the realization of the VEGETATION-2 program and the use of its data, considering the context of this programme cooperation between the Sweden the Belgium and France, cooperation embodied by the signing of an agreement between the SNSB (Sweden), the SSTC (Belgium) and CNES (France), dated December 21, 1999, hereinafter referred to as the trilateral agreement, whereas the contract signed between the Union European and CNES (contract PL972009) in September 1998, contract relating to the improvement of the VEGETATION mission, hereinafter referred to as the contract for improvement , Have agreed as follows: ARTICLE 1 scope of this endorsement the intergovernmental agreement and its amendments 1 to 4 are extended to the implementation of the development phase of the VEGETATION-2, hereinafter the VGT program system - 2 C/D, the main features are described in the annex.
The provisions of the intergovernmental agreement and its amendments shall continue to apply insofar as they are not superseded or modified by the provisions of this addendum programme VGT - 2 C/D.
As indicated in the intergovernmental agreement, the french State delegates the management of the agreement at the national Centre for space studies, hereinafter referred to as the CNES, and the Belgian State delegates this management to Federal Services for scientific, technical and Cultural Affairs, hereinafter referred to as the OSTC (formerly SPPS).
ARTICLE 2 OBLIGATIONS OF BELGIUM 2.1.
The Government of the Kingdom of Belgium agrees to contribute to the financing of expenditure arising from the implementation of the programme VGT2 C/D (that is, the payload and the associated ground segment) in the amount of 100 MBEF (one hundred million Belgian francs), to the economic conditions of June 1997. This amount covers wholly or partly the work and services carried out by Belgian players, such as listed in section 4 of this endorsement; It does not include revisions to price or technical hazards referred to in articles 2.3 and 2.4 below.
2.2 mode of financing the financing referred to in article 2.1 above payments will be made on an account opened by the CNES in a Belgian Bank.
CNES will have free use of these funds to the extent of the funding demonstrated for the benefit of Belgian stakeholders, such as listed in section 4 of this endorsement.
2.3 price revisions subsequent revisions of prices, such that visees referred in annex III of the intergovernmental agreement, subject to appeal for additional funds on the part of the CNES.
2.4 technical hazards attributable to the Belgium (1) technical hazards are hazards from industry and Belgian scientific institutions the program of VGT - 2 C/D. The amount of coverage of these hazards, disbursed for the benefit of Belgian players, is capped at 10 MBEF (ten million Belgian francs), to the economic conditions of June 1997. Where applicable, after approval by the SSTC, the amounts related to these hazards will be additional fund-raising on behalf of CNES.
ARTICLE 3 OBLIGATIONS OF FRANCE 3.1. Maîtrise d'ouvrage the CNES is committed to successful completion the VGT program - 2 C/D; It ensures the control of work.
In particular, it takes all necessary measures to:-ensure the launch of the VEGETATION-2 on SPOT-5 instrument, expected end of 2001;
-to carry out improvements to the VEGETATION-2 system, which are the subject of the contract for improvement cited in the preamble;
-ensure the control of costs, schedules as well as technical and industrial coherence of the programme.
3.2 ground segment and distribution data and VEGETATION the CNES undertakes to reuse the Treatment Centre of the VEGETATION imaging, hereinafter referred to as the CTIV, implemented the program of VEGETATION-1 and located in Belgium, for all the tasks relating to processing, archiving and the dispatch of products VEGETATION. Without prejudice to the trilateral agreement, CNES is committed to not set up, or to promote the implementation by third parties, competing CTIV ground segment elements.
Without prejudice to the trilateral agreement, CNES is committed to lead in good time any discussion with the OSTC, in particular to promote best the know-how of Belgian players for distribution and recovery of data and products VEGETATION, and to cover at best the operating costs of the VEGETATION system by the community of users of this system.
These obligations remain applicable for the duration of exploitation of the VEGETATION-2 system.
3.3 information, progress report without prejudice to the rules of implementation laid down in the intergovernmental agreement, CNES provides to the SSTC, at least twice annually or on specific request of the SSTC, a progress report technical, industrial and financial program VGT - 2 C / D.
CNES informs the SSTC in good time of any important event that may affect the conduct of the VGT program - 2 C/D or that could lead to a substantial change of the.
Any change in the scope of this addendum will be - if any - as laid down in article 8 below.
ARTICLE 4 PARTICIPATION Belgian industrial technical and scientific the financial envelope referred to in article 2.1 of this endorsement covers participation in the costs of the work done by the scientists and industry Belgian following: payload and related equipment Alcatel Bell: maintenance of the means of ground tests;
CSL: vacuum performance test;
ACCS: electrical equipment HCJDB/CVEI;
SPACEBEL: improvement/maintenance of flight software, ground Segment;
VITO/Trasys: CTIV improvements.
Other works of nature scientific, technical and industrial related to the good continuation of the VEGETATION mission, may be carried out in Belgium, within the limits of the financial allocation referred to in article 2.1 above, after approval by the CNES and the OSTC.
ARTICLE 5 models further if, later, recurring, or evolutionary, the VEGETATION payload models are developed and the evolutions of the carried out ground segment, the modalities of the participation of the Belgium and the associated potential work entrusted to Belgian players, will be determined by a mutual agreement between CNES and the SSTC, based on the programmatic context.
In particular, where a multilateral structure would be retained, requiring a new co-financing of the VEGETATION system partners, CNES will foster industrial and operational structure consistent with established under programmes VEGETATION-1 and 2 (development and operating phases),

subject to Belgian funding appropriate.
In the case where an operational entity co-finances renewal or the VEGETATION system operating expenses and CNES would be entrusted the project management, the CNES will also promote this coherent, industrial and operational structure.
These bonds for CNES shall continue to apply beyond the phase of development of the VEGETATION-2 system.
ARTICLE 6 DURATION 6.1. This amendment comes into force on the date on which each party has notified in writing to the other party that the national requirements for its entry into force are met. For Belgium, means the conditions required at the federal level.
6.2. unless otherwise provided, this addendum is concluded for the period covering the whole of the development phase of the VEGETATION-2 system, which began in November 1995 by the advance purchase of critical components.
ARTICLE 7 Annex annex 'Programme document' is an integral part of this addendum.
In the event of conflict between this amendment and the annex, the interpretation of the schedule will be considering the will of the Parties expressed in articles 1 to 8 of this addendum.
ARTICLE 8 amendments this amendment and its annex may be amended by the Contracting Parties.
The party who wishes to bring an amendment shall notify in writing to the other party. The amendment shall enter into force when each party has notified in writing to the other party that the national requirements for its entry into force are met.
This endorsement and its annex may also be amended by the management entities designated by the Parties, namely the CNES and the SSTC, insofar as this amendment does not change the financial obligations referred to in article 2 of this addendum. In this case, the amendment enters into force when the CNES and the OSTC is are notified in writing their respective acceptance.
Done in Paris, on 21 June 2001 in two original copies in French and Dutch, both languages being equally authentic.
_ Notes (1) the concept of technical hazards, which made references to annex III of the intergovernmental agreement, is defined as the additional benefits resulting from the evolution of the technical specifications, without change to the scope of the program, as well as any needs additional work not identified early in the program.

Annex overview of program the VEGETATION-2 system consists of the VEGETATION-2 payload onboard on the SPOT-5 satellite, strongly recurrent VEGETATION-1 on SPOT-4 payload and the ground segment associated, whose composition is identical to that developed for VEGETATION-1.
1 recall the context of the VEGETATION-1 the VEGETATION program program is designed to provide operationally, precise measurements of the characteristics of world vegetation. The VEGETATION system consists of a payload that is on-board Earth SPOT and a specific segment-ground observation satellites. Complementing shooting high-resolution HRVIR of SPOT sensors, the system satisfies the needs of the specialist scientific community of the biosphere and operational users of information relating to the monitoring of agricultural production. Data provided are particularly adapted to the needs of the international programmes of study of the climate, and community programs related to the agricultural policy or the environment. More recently, the industrial sector of the food industry has expressed his interest in the use of such measures.
Scientific and application users have expressed their interest in this type of instrument as early as 1989. Experts gathered by the European Commission recognized the interest of these data for the assessment and monitoring of European and global agricultural production within the framework of Community policies on agriculture and development.
Supported by the services of the Commission and the European Parliament, and in cooperation with the Belgium, the Sweden, the Italy and the France, CNES has led the work of definition of the programme and in particular the VEGETATION-1 payload on-board SPOT-4.
The cooperation agreement between the five partners (Commission, Belgium, Sweden, Italy and France) entered into force in May 1994; completed by the operating agreement which was signed in October 1997.
VEGETATION-1 programme whose development has been entrusted to CNES by the partners was taken in accordance with the proposal for a programme on technically, calendar and budget. The cost to completion and the very tight development schedule were held.
Launched on 24 March 1998, the instrument has provided its first images of demonstration at the beginning of the month of April 1998. The quality of the images, their operational availability, continuity of the supply of data are seen as the essential elements for the scientific validity and the economic interest of the projects using VEGETATION data.
2. the need for continuity of service in a stronger way than for high spatial resolution imaging, uses requiring high temporal frequency permitted by the VEGETATION system are very dependent of the continuity in the long term for the supply of the products.
Convinced that the continuity of service beyond the first instrument is an indispensable element for the accession of scientific users and foster the emergence of a market, the partners of the programme from the outset in their cooperation agreement to prepare in conjunction with users the after-VEGETATION-1, in line with the investment made to the first payload.
All private actors involved in the realisation or the operation of the system wanted to join this effort of continuity, manifesting so a clear sign of their interest in the program and their confidence in prospects long term thereof.
3. the VEGETATION-2 the CNES programme proposal prepared, in response to the call for proposals of the fourth framework programme of research and development, the proposal "Improvements to continuity and the operationality of the VEGETATION system" which was submitted to the Commission in October 1997. This proposal, prepared with the international Committee of users VEGETATION, combines Belgian and Swedish partners, the Institute of space applications of the Joint Research Centre, the industrialists involved in the programme either at the level of the payload of the ground segment of production data or marketing. Each of the partners is committed to bringing a part of the necessary funding. ÷ the exception of Italy who indicated that she was not able to participate in the program, all stakeholders in the VEGETATION-1 program wanted to join this initiative.
This proposal of VEGETATION-2 program is structured according to two separate but complementary parts: on the one hand: the improvement of products and service to users, as well as technology to prepare the realization of VEGETATION-2; This item is eligible for Community funding under the framework programme;
on the other hand, the achievement itself of the VEGETATION-2 payload to be embedded on SPOT 5 launch is planned end of 2001.
The proposed VEGETATION-2 payload is very close to a recurring pattern of the VEGETATION-1 payload.
Industrial organization is preserved.
ALCATEL SPACE (ex aerospace) is the industrial supervisor and leads a consortium consisting mainly of: SODERN-CERCO for the chain of detection and optics;
SEXTANT for the edge treatment and mass storage;
THOMSON for detectors;
ACCS for the distribution of power and the power of the cameras;
L-band SAAB for the image processing, the telemetry and aerial;
CSL for performance tests in vacuum thermal;
IGG for the centralized supply of components;
Phil for the housing of control mechanisms and heaters.
The features of the system remain unchanged; in particular the radiometric and geometric specifications are identical for the VEGETATION-2 payload than the first model on SPOT.
The ground segment associated with the VEGETATION-2 payload consists of the same entities as VEGETATION-1. The distribution of roles between entities of the ground segment remains unchanged.
The VEGETATION-2 system is designed for a nominal lifetime of five years.

Amendment No. 1 to rider No. 4 between the Government of the French Republic and the Government of the Kingdom of Belgium concerning the execution in a common programme of Earth observation.
The Government of the French Republic and the Government of the Kingdom of Belgium whereas the agreement that they signed on June 20, 1979, for the realization of a satellite, hereinafter referred to as SPOT (probationary observation system of the land), in the framework of the national programme french observation of the Earth for peaceful purposes, and in particular article 12.2 of this agreement, whereas the first amendment to this agreement that they signed on 13 November 1984 concerning SPOT 2 and in particular article 5.2 of this endorsement, whereas the second amendment to the agreement they have signed 23 October 1981 concerning SPOT 3 and 4, whereas the third supplementary agreement which they signed on 20 December 1994 concerning instrument VEGETATION onboard SPOT 4 and its ground segment, whereas the fourth supplementary agreement which they signed on 9 January

1996 on SPOT 5 A and b. agreed to the following: ARTICLE 1 the purpose of this amendment is to define the amount and timing of the contribution of the Government of the Kingdom of Belgium at the expense of launching and mailing of the SPOT 5 satellite.
The provisions of the agreement and the Protocol No. 4 shall continue to apply mutatis mutandis to the extent where they are not superseded or modified by the provisions of this amendment.
The Government of the Kingdom of Belgium entrusts to Federal Services for scientific, technical and cultural, hereinafter referred to as foreign the OSTC (formerly SPPS), the implementation of this amendment.
The Government of the French Republic entrusted to the national Centre for space studies, hereinafter referred to as the CNES, the implementation of this amendment.
ARTICLE 2 financial provisions the Belgian financial commitment is about the amount of participation 4% to launch and mailing expenses.
This amount is 194 million Belgian francs, to current economic conditions.
Calendar of the Belgian financial contribution payments the Belgian contribution to current economic conditions payments will be according to the following calendar: jaar20002001totaalannee20002001total MBEF161.732.3194MBEF161.732.3194 financial rules the payments will be made on the account opened by the CNES in a Belgian banking institution, specifically for SPOT 5 activities. CNES will provide the OSTC annual information on the status of the account or a specific request of the OSTC.
CNES will call the funds immediately upon the signing of this amendment to the corresponding contribution to the year 2000 and in early 2001 for the following. The corresponding procedure of payment of funds will be then launched by the OSTC.
ARTICLE 3 amendments this amendment may be amended by the contracting parties. A party wishing to make a change shall notify in writing to the other party. The amendment shall enter into force when each party has notified to the other party in writing its acceptance.
ARTICLE 4 entry into force this amendment comes into force on the date of the exchange of notifications noting that the national requirements for its entry into force are met.
Done in Paris, June 21, 2001, in two copies in French and Dutch, both languages being equally authentic.