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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belgiquelex.be - Carrefour Bank of Legislation

23 June 2008. - Act enacting the following international acts: Avender No. 5 between the Government of the French Republic and the Government of the Kingdom of Belgium concerning the joint execution of a programme of observation of the land, and annex, and Amendment No. 1 to Avender No. 4 between the Government of the French Republic and the Government of the Kingdom of Belgium concerning the joint execution of a programme of observation of the land, made in June (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constution.
Art. 2. L'Avenant n° 5 à l'Accord entre le Gouvernement de la République française et le Gouvernement du Royaume de Belgique concernant l'performance en commun d'un programme d'observation de la terre, et l' annexe, faits à Paris le 21 juin 2001, sortont leur plein et toute effet.
Art. 3. Amendment No. 1 to Advant No. 4 between the Government of the French Republic and the Government of the Kingdom of Belgium concerning the joint execution of a land observation programme, made in Paris on 21 June 2001, will come out its full and complete effect.
Promulgouns this law, order that it be clothed with the seal of the State and published by the Belgian Monitor
Given in Brussels on 23 June 2008.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Minister of P.M.E., Independents, Agriculture
and the Science Policy,
Mrs. S. LARUELLE
Seen and sealed the state seal:
Minister of Justice,
J. VANDEURZEN
____
Notes
(1) 2007-2008 session:
Senate:
Documents. - 4-564/1: Bill tabled on 13 February 2008. - 4-564/2: Report made on behalf of the Commission.
Annales parliamentarians. - Discussion and voting: meeting of 10 April 2008.
House of Representatives:
Documents. - 52-1058/1: Project transmitted by the Senate. - 52-1058/2: Text adopted in plenary and subject to Royal Assent.
Annales parliamentarians. - Discussion and voting: meeting of 15 May 2008.
(2) The International Acts entered into force on 18 August 2008.
As of 5 to the Agreement between the Government of the French Republic and the Government of the Kingdom of Belgium concerning the joint execution of a land observation programme
The Government of the French Republic
and
The Government of the Kingdom of Belgium,
The Parties shall,
Considering the Agreement between the Government of the French Republic and the Government of the Kingdom of Belgium, signed on 20 June 1979, hereinafter referred to as the Intergovernmental Agreement, with the aim of joint execution of a land observation programme, and amendments 1 to 4 to this Agreement,
Considering their fruitful cooperation in the development and operation of the VEGETATION-1 system,
Considering their common interest in the implementation of the VEGETATION-2 programme and the use of its data,
Considering the context of cooperation of this programme between Sweden, Belgium and France, cooperation concretized by the signing of an agreement between the SNSB (Sweden), the SSTC (Belgium) and the CNES (France), dated 21 December 1999, as referred to in the Trilateral Agreement,
Considering the contract signed between the European Union and the CNES (contract PL972009) in September 1998, contract relating to the improvement of the VEGETATION mission, below referred to as the Improvement Agreement,
The following agreed:
ARTICLE 1
Suitcase
The Intergovernmental Agreement and its amendments 1 to 4 are extended to the implementation of the development phase of the VEGETATION-2 system, below referred to as the VGT-2 C/D programme, whose main features are described in the annex.
The provisions of the Intergovernmental Agreement and its amendments shall remain applicable to the extent that they are not replaced or amended by the provisions of this Agreement relating to VGT-2 C/D.
As indicated in the Intergovernmental Agreement, the French State shall delegate the management of this Agreement to the National Centre for Outer Space Studies, hereinafter referred to as the CNES, and the Belgian State shall delegate this management to the Federal Services for Scientific, Technical and Cultural Affairs, below referred to as the SSTC (formerly the SPPS).
ARTICLE 2
BELGIUM OBLIGATIONS
2.1. The Government of the Kingdom of Belgium agrees to contribute to the financing of the expenditure resulting from the implementation of the VGT2 C/D programme (i.e., the payload and the associated basement) for a total of 100 MBEF (100 million Belgian francs) under the economic conditions of June 1997. This amount covers, in whole or in part, the work and services performed by Belgian stakeholders, as reflected in article 4 of this advent; it does not include the price revisions or the technical hazards referred to in sections 2.3 and 2.4 below.
2.2. Method of financing
Payments of the financing referred to in Article 2.1 above will be made on an account opened by the CNES in a Belgian banking institution.
The CNES will have free use of these funds in addition to the funding shown for the benefit of Belgian stakeholders, as reflected in article 4 of this advent.
2.3. Price revisions
Possible price revisions, as set out in Annex III to the Intergovernmental Agreement, will be appealed for additional funding from the CNES.
2.4. Technical resources
Technical hazards (1) attributable to Belgium are hazards from the Belgian industry and scientific institutions as part of the VGT-2 C/D programme. The amount of coverage of these alesas, disbursed for the benefit of Belgian stakeholders, is set at 10 MBEF (ten million Belgian francs), under the economic conditions of June 1997. If applicable, after approval by the TSS, the amounts related to these hazards will be appealed for additional funding from the TSS.
ARTICLE 3
OBLIGATIONS OF FRANCE
3.1. Master of work
The CNES is committed to the completion of the VGT-2 C/D programme, which is responsible for its mastery.
In particular, it shall take all necessary measures to:
- ensure the launch of the VEGETATION-2 instrument on SPOT-5, scheduled for the end of 2001;
- to carry out the improvements of the VEGETATION-2 system, which are the subject of the Preamble Improvement Agreement;
- to ensure the control of costs, schedules and the technical and industrial coherence of the programme.
3.2. Segment-sol et distribution des données et produits VEGETATION
The CNES undertakes to reuse the VEGETATION Imaging Processing Centre, as described below as the CTIV, implemented within the framework of the VEGETATION-1 programme and located in Belgium, for all tasks related to the processing, archiving and shipping of VEGETATION products. Without prejudice to the Trilateral Agreement, the CNES undertakes not to put in place or to promote the establishment by third parties of the competing segment-ground elements of the CTIV.
Without prejudice to the Trilateral Agreement, the CNES undertakes to conduct timely discussions with the SSTCs, in particular with a view to maximizing the know-how of Belgian stakeholders in the distribution and enhancement of VEGETATION data and products, and in order to best cover the operating costs of the VEGETATION system by the user community of this system.
These obligations will remain applicable throughout the operating period of the VEGETATION-2 system.
3.3. Information, progress report
Without prejudice to the rules of implementation provided for in the Inter-Great Agreement, the CNES provides TSS, at least twice a year or upon express request from TSS, a technical, industrial and financial progress report of the VGT-2 C/D program.
The CNES informs the SSTC in a timely manner of any significant event that may adversely affect the proper conduct of the VGT-2 C/D program or may result in a substantial change to the VGT-2 C/D program.
Any modification of the scope of this advent shall, if any, be made in accordance with the terms and conditions set out in Article 8 below.
ARTICLE 4
TECHNICAL AND SCIENTIFIC INDUSTRY
The financial envelope referred to in Article 2.1 of this Agreement covers participation in the costs of the work carried out by the following Belgian scientists and industrialists:
Load and associated equipment
Alcatel Bell: maintenance of ground testing;
CSL: vacuum performance test;
ETCA: BDIS/CVEI electrical equipment;
Spacebel: improvement/maintenance of flight software, Segment-sol;
VITO/Trasys: CTIV improvements.
Other scientific, technical and industrial work related to the successful continuation of the VEGETATION mission may be carried out in Belgium, within the limits of the financial envelope referred to in Article 2.1 above, after approval by the CNES and the SSTC.
ARTICLE 5
ULTER MODELES
If later, recurrent or scalable models of the VEGETATION payload are developed or changes in the ground segment, the modalities of Belgium's participation and any associated work entrusted to Belgian stakeholders will be determined by mutual agreement between the CNES and the SSTC, depending on the programmatic context.
In particular, in the event that a multilateral structure is retained, requiring a new co-financing of VEGETATION partners, CNES will promote a coherent industrial and operational structure with the one established under VEGETATION-1 and 2 (development and exploitation phases), subject to appropriate Belgian funding.
In the event that an operational entity co-finances the costs of renewing or operating the VEGETATION system and where the CNES would be entrusted with mastery of work, the CNES will also promote this coherent, industrial and operational structure.
These obligations for the CNES remain applicable beyond the development phase of the VEGETATION-2 system.
ARTICLE 6
DURE
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, the requirements are understood at the federal level.
6.2. Unless otherwise provided, this amendment is concluded for the period covering the entire development phase of the VEGETATION-2 system, which began in November 1995 with the early purchase of critical components.
ARTICLE 7
Annex
The Appendix "Program Description" is an integral part of this advent.
In the event of a conflict between the Avenor and the Annex, the interpretation of the Annex shall be based on the will of the Parties expressed in Articles 1 to 8 of this Avenor.
ARTICLE 8
AMENDMENTS
This advent and its annex may be amended by Contracting Parties.
The Party wishing to make an amendment shall notify the other Party in writing. The amendment comes into force when each Party has notified the other Party in writing that the national requirements for its entry into force are met.
This amendment and its annex may also be amended by the management entities designated by the Parties, namely the CNES and the CTS, to the extent that this amendment does not modify the financial obligations referred to in Article 2 of this amendment. In this case, the amendment comes into force when the CNES and the SSTC have 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, referred to in Annex III of the Intergovernmental Agreement, is defined as the additional benefits arising from the evolution of the technical specifications, without altering the scope of the program, as well as possible additional work needs not identified at the beginning of the program.

Annex
PROGRAMME DESCRIPTION
The VEGETATION-2 system consists of the VEGETATION-2 payload on the SPOT-5 satellite, which is highly recurring of the VEGETATION-1 payload on SPOT-4 and the associated base segment, the composition of which is identical to the VEGETATION-1.
1. Background of VEGETATION-1
The objective of the VEGETATION programme is to provide, operationally, specific measurements of the characteristics of the global plant cover. The VEGETATION system consists of a useful charge that is embedded on board SPOT Earth observation satellites and a specific ground segment. Complementing the high-resolution SPOT HRVIR sensors, the system meets the needs of the biospheric scientific community and those of the operational users of information related to agricultural production monitoring. The data provided are tailored to the needs of international climate study programs, and community programs related to agricultural policy or the environment. More recently, the agri-food industry has expressed interest in the use of such measures.
Scientific and applicative users expressed interest in this type of instrument since 1989. Experts gathered by the European Commission recognized the interest of this data in the evaluation and monitoring of European and global agricultural production in the context of community policies on agriculture and development.
Supported by the Commission's services and the European Parliament, and in cooperation with Belgium, Sweden, Italy and France, the CNES led the program's definition work and in particular the VEGETATION-1 payload on SPOT-4.
The cooperation agreement between the five partners (Commission, Belgium, Sweden, Italy and France) entered into force in May 1994; it was completed by the operating agreement signed in October 1997.
The VEGETATION-1 programme whose development was entrusted to the CNES by the partners was carried out in accordance with the technical, limestone and budget proposal. The completion cost and the very tense development schedule were maintained.
Launched on March 24, 1998, the instrument provided its first demonstration images in early April 1998. The quality of images, their operational availability, the continuity of data supply are seen as essential elements for the scientific validity and economic interest of projects using VEGETATION data.
2. The need for continuity of service
In an even stronger way than for high-resolution spatial imaging, uses requiring high temporal frequency allowed by the VEGETATION system are very dependent on the long-term continuity of the supply of products.
Convinced that the continuity of service beyond the first instrument is an indispensable element for obtaining the adhesion of scientific users and promoting the emergence of a market, the programme partners have from the beginning provided in their cooperation agreement to prepare in liaison with users the post-VEGETATION-1, consistent with the investment made for the first payload.
All private actors involved in the realization or operation of the system wanted to join in this continuity effort, thus demonstrating a very clear sign of their interest in the program and their confidence in the long-term prospects of the program.
3. Programme proposal VEGETATION-2
The CNES prepared, in response to the call for proposals of the fourth research and development framework program, the proposal "Improvements for the continuity and operation of the VEGETATION system" which was delivered to the Commission in October 1997. This proposal, prepared with the international VEGETATION user committee, combines the Belgian and Swedish partners, the Institute of Space Applications of the Joint Research Centre, all the industrial involved in the program at the level of the payload, the data production segment and marketing. Each partner is committed to providing a share of the necessary funding. ÷ the exception of Italy that indicated that it was not able to participate in the program, all the players in the VEGETATION-1 program wished to join in this initiative.
This VEGETATION-2 programme proposal is structured on two separate and complementary components:
on the one hand: improvement of products and service to users, as well as technological studies to prepare the realization of VEGETATION-2; this element is eligible for community funding under the RCP;
on the other hand the actual execution of the VEGETATION-2 payload to be loaded on SPOT 5 which is scheduled to be launched at the end of 2001.
The proposed VEGETATION-2 payload is very close to a recurring VEGETATION-1 payload model.
The industrial organization is preserved. ALCATEL SPACE (ex AEROSPATIALE) is the industrial master and leads a consortium consisting mainly of:
SODERN-CERCO for detection chain and optics;
SEXTANT for edge processing and mass memory;
THOMSON for detectors;
ETCA for power distribution and camera power supply;
SAAB for image processing, telemetry and L-band antenna;
CSL for thermal vacuum performance tests;
IGG for centralized component supply;
LABEN for the mechanism and heater control unit.
System characteristics remain unchanged; in particular the radiometric and geometric specifications are identical for the VEGETATION-2 payload to those of the first model on SPOT.
The base segment associated with the VEGETATION-2 payload consists of the same entities as VEGETATION-1. The distribution of roles among entities in the segment remains unchanged.
The VEGETATION-2 system is designed for a nominal life of five years.

Amendment No. 1 to Act No. 4 between the Government of the French Republic and the Government of the Kingdom of Belgium concerning the joint execution of a land observation programme.
The Government of the French Republic
and
The Government of the Kingdom of Belgium
Considering the Agreement they signed on 20 June 1979 for the realization of a satellite, referred to as SPOT (Probatory Earth Observation System), within the framework of the French national land observation programme for peaceful purposes, and in particular Article 12.2 of this Agreement,
Considering the first Avening to this agreement that they signed on 13 November 1984 concerning SPOT 2 and in particular Article 5.2 of that Avender,
Considering the second coming to this agreement that they signed on 23 October 1981 concerning SPOT 3 and 4,
Considering the third As they signed on 20 December 1994 concerning the VEGETATION instrument on SPOT 4 and its ground segment,
Considering the fourth coming that they signed on 9 January 1996 concerning SPOT 5A and B.
agreed that:
ARTICLE 1
The objective of this Amendment is to define the amount and timing of the contribution of the Government of the Kingdom of Belgium to the launch and posting costs of the SPOT 5 satellite.
The provisions of the Agreement and the Avenor shall not remain mutatis mutandis as they are not replaced or amended by the provisions of this Amendment.
The Government of the Kingdom of Belgium entrusts to the Federal Services for Scientific, Technical and Cultural Affairs, referred to below as the SSTC (formerly the SPPS), the execution of this Amendment.
The Government of the French Republic entrusts the execution of this Amendment to the National Centre for Outer Space Studies, hereinafter referred to as the CNES.
ARTICLE 2
FINANCIAL PROVISIONS
The Belgian financial commitment covers the amount of 4% participation at the start and posting costs. This amount is 194 million Belgian francs, under current economic conditions.
Schedule of payments of the Belgian financial contribution
Payments of the Belgian contribution to the current economic conditions will be made according to the schedule below:

Financial rules
Payments will be made on the account opened by the CNES in a Belgian banking establishment, specifically for SPOT 5. CNES will provide CTS with annual information on the status of the account or following a specific request from CTS.
The CNES will call the funds upon signature of this Amendment for the contribution corresponding to the year 2000 and early 2001 for the following. The corresponding payment procedure will then be initiated by the TSS.
ARTICLE 3
AMENDMENTS
This Amendment may be amended by the Contracting Parties. The Party wishing to amend it shall notify the other Party in writing. The amendment comes into force when each Party has notified the other Party in writing of its acceptance.
ARTICLE 4
BACKGROUND
This Amendment comes into force on the date of the exchange of notifications that the national requirements for its entry into force are met.
Done in Paris on 21 June 2001 in two copies in French and Dutch, both languages being equally authentic.