Law Approving The Following Treaties: Agreement Amending The Agreement Between The Government Of The Kingdom Of Belgium And The Government Of The French Republic Concerning The Implementation In Common Of An Earth Observation Program, And Annex, Made T...

Original Language Title: Loi portant assentiment aux Traités suivants : Avenant à l'Accord entre le Gouvernement du Royaume de Belgique et le Gouvernement de la République française concernant l'exécution en commun d'un programme d'observation de la terre, et Annexe, faits à Pari

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Posted the: 2005-05-09 Numac: 2005015044 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and 24 February 2005 development COOPERATION. -Law on consent to the following treaties: Agreement amending the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the implementation in common of an Earth observation program, and annex, made in Paris on 13 November 1984; Amendment No. 2 to the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the implementation in common of an Earth observation program, and annex, made in Paris on 23 October 1991; Amendment No. 3 to the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the implementation in common of an Earth observation program, and annex, made in Paris on 20 December 1994; Amendment no 4 to the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the execution in common of an Earth observation program, and annex, made in Paris on 9 January 1996 (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 amendment to the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the joint of an Earth observation program implementation, and annex, made made in Paris on November 13, 1984, will release their full and complete effect.
S. 3. the supplementary agreement No 2 to the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the joint of an Earth observation program implementation, and annex, made made in Paris on 23 October 1991, will release their full and complete effect.
S.
4. the supplementary agreement No 3 to the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the joint of an Earth observation program implementation, and annex, made made in Paris on 20 December 1994, will come out full and complete effect.
S. 5. the Amendment No 4 to the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the joint of an Earth observation program implementation, and annex, made made in Paris on 9 January 1996, will come out full and complete effect.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, 24 February 2005.
ALBERT by the King: the Minister for Foreign Affairs, K. DE GUCHT Minister of scientific policy, M. VERWILGHEN Scellé of the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Notes (1) Session 2003-2005.
Senate: Parliamentary Documents. -Bill tabled on December 8, 2003, no. 3 - 401/1. -Report, n ° 3-401/2.
Parliamentary Annals. -Discussion, meeting of December 21, 2004. -Vote meeting of December 21, 2004.
House of representatives: parliamentary Documents. -Draft transmitted by the Senate, no. 51-1519/1. -Text adopted in plenary and subject to Royal assent, meeting No. 51-1519/2.
Parliamentary Annals. -Discussion, meeting of January 20, 2005. -Vote meeting of January 20, 2005.
(2) ces amendments come into force on March 30, 2005.

Agreement amending the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the joint implementation of a programme of Earth observation the Government of the Kingdom of Belgium and the Government of the French Republic 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 Earth) the french observation from Earth to peaceful national programme , and in particular article 12.2 of the agreement, whereas the common interest of the Government of the Kingdom of Belgium and the Government of the French Republic, to the development of the commercial market of the products of SPOT and the powers of the company SPOT IMAGE in this area, whereas the participation of the Belgian company SPOT IMAGE State, have agreed to the following : Article Ier the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the joint of an Earth observation program implementation is extended for the duration of operation of the second flight of the satellite (SPOT 2) model.
The provisions of the agreement shall continue to apply mutatis mutandis to the extent where they are not superseded or modified by the provisions of this amendment.
Section II 2.1. The Government of the Kingdom of Belgium should contribute to the financing of expenditure arising from the implementation of the SPOT 2 satellite in the boundary of a closed financial package of 140 million Belgian francs at the level of the prices of July 1, 1981.
This package includes: a) costs of realization and recipe of the electronic equipment for the in-flight power subsystem (shunt regulator and function RSJ and distribution BD box), 46 million Belgian francs to the level of prices for July 1, 1981, b) a fraction of the cost of launching and orbit, either 89.5 million Belgian francs , at the level of the prices of July 1, 1981, representing the percentage of participation of the Belgium to the use of the system;
This amount will be reduced to the extent that a second satellite will be launched jointly with SPOT 2, c) a margin of vagaries of 4.5 million Belgian francs at the level of the prices of July 1, 1981.
2.2. the Belgian Government undertakes to pay contributions in accordance with the terms and the indicative financial plan contained in the annex to this addendum.
2.3. If subsequent SPOT satellite models are launched, the modalities of participation of the Belgium will be determined by mutual agreement.
Article III for the implementation of articles 4 and 6.6 of the agreement of June 20, 1979, the parties agree to the following additional provisions: 3.1. (a) the CNES guarantees the programming of the shots of the satellite at the request of the Government of the Kingdom of Belgium within the limit of 4% of the capacity of Earth observation transmitted live or delayed to either of the stations from Toulouse or Kiruna which constitute the central SPOT receiving stations network. This ability depending on the size of the central network, the rights of the Kingdom of Belgium will be calculated at the beginning of the year on the basis of a forecast. The discrepancy between the reality and the forecast will be taken into account in the calculation of the rights of the Kingdom of Belgium for the following year, b) this programming conditions shall be adopted annually by a mutual agreement between CNES and the SPO.
3.2. a) any data command to SPOT IMAGE or its distributor in Belgium subject to billing at market prices, b) where a command has been previously approved by the SPO, the CNES reimburses them for each image an amount equal to the difference between the market price and marginal cost support and reproduction (reception archiving, mission control, pretreatment, possible reproduction and shipping).
These refunds will be in the manner described in the annex.
(c) the total amount of reimbursements for SPOT 1 and SPOT 2 data will not exceed the amount of the contribution of the Kingdom of Belgium to programs SPOT 1-SPOT 2.
d) SPPS are committed to accept a SPOT data control when it emanates from a Belgian user for its own needs.
3.3. the CNES is exclusive owner of the copyright of SPOT data regardless of the treatment given to these data. They shall not preclude the recognition of rights of the same nature for the benefit of the pure SPO the realization of works or derivatives.
The exclusive rights of the CNES can however result in relation to images subject to an order approved by the SPPS to royalty or no restrictions of use in Belgium other than necessitated by the protection of the rights of the CNES.
An agreement between SPOT IMAGE and the entity designated by the SPO will detail the application of the provisions of this amendment to the distribution of the data.
Article IV. -Amendments 4.1. This Protocol 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 to the other party in writing its acceptance.
4.2 the annex is an integral part of this Protocol and may be updates or changes by mutual agreement between the Contracting Parties, with the exception of the financial commitments of the Belgium.
Article V. - Final provisions 5.1. This amendment will enter into force on the date of the exchange of notifications noting that the national requirements for its entry into force are met.
5.2 this amendment is concluded for a period equal to the duration of the operation of the first two models of flight SPOT 1 and 2, except early termination by mutual agreement by the Contracting Parties. It may be extended by mutual agreement for the duration of operation of the models of subsequent flights.
Done in Paris, on November 13, 1984, in two original copies in French and Dutch, both languages being equally authentic.

Annex financial provisions 1.
Financial commitment of the Belgian part the financial commitment of the Belgian part covers: a).

the amount contractual payments to the benefit of Belgian industrialists in regulation of work performed under this addendum, b) the contribution to the launch of the satellite costs defined in paragraph 2.
2 financial framework the financial framework is 140 million Belgian francs to the economic conditions of July 1, 1981. It breaks down thus: for consultation table, see picture 3. Adjustment for change in economic conditions each annual instalment referred to in the following paragraph will be updated to the economic conditions of July 1 of each year according to the following price revision formulae: 3.1. For the equipment of the subsystem of power and for the margin of hazards: C/Co = 0.10 + 0.90 S/SW in which: C = is the Belgian contribution revised Co = is the Belgian contribution to the conditions of July 1, 1981.
S = is index variation public salaries and social charges of the Ministry of works in Belgium for the sector Fabrimétal, the date of revision.
So = is the same index on the date of July 1, 1981.
3.2. for participation in start-up costs: C = Co (K1 x K2) (K'1 x'2 K) (K '1 x K' 2)... in which: C = is the Belgian contribution revised Co = is the Belgian contribution to the conditions of July 1, 1981 K1 (K'1; K ' 1...) = is the annual index of prices to 30 June calculated in ECU (European currency unit) on the activities 'ARIANE operational Phase"published by experts from ESA Wiesbaden, adjusted by the index of changes in distribution in currency conversion rates.
Value 30 June 1981, 30 June 1982: K1 = 1,1108 value on June 30, 1983, 30 June 1982: K1 = 1,0616 (K 2 K2; K ' 2...) = is the annual index of the variation of the Belgian franc against the June 30 European unit of account, calculated from the rate of conversion of the FB in ECU published by ESA (average indices of June).
Value 30 June 1981, 30 June 1982: K2 = 1,0910 value June 30, 1982 to June 30, 1983: K2 = 1,0065 4. Schedule of payments A indicative timetable of the envelope, defined in paragraph 2, is as follows: for consultation table, see image payments subject to appeals by CNES, each year: January 1 of year "n" for the corresponding part in the amount of the year "n" to the July 1, 1981 economic conditions and for the corresponding part in the eventual balance of the revision of prices of the year "n - 1".
September 1 of the year "n" for the corresponding part in the partial price revision of the amount of the year «n», revision between the date of the last known indices and on July 1, 1981.
This schedule is based on a SPOT 2 launch in August 1986. Abnormality of SPOT 1 occurring immediately after launch or mailing would lead to transfer 1986 1985 budget. A normal SPOT for a year and a half would bring a shift of expenditure towards 1987.
The schedule will be updated by mutual agreement between the two parties each year before 1 April.
5 financial rules the CNES will open an account in a Belgian Bank to deposit money received from the Government of the Kingdom of Belgium with a view to the contract payments to the benefit of the Belgian industry referred to in paragraph 1 (a) of this annex.
The sums corresponding to the purchase of the components high reliability will be paid directly to the master of work Satellite which offers free these at the disposal of Belgian industrialists.
Called in respect of participation in start-up costs referred to in paragraph 1 (b) will be paid directly to the CNES.
6 provision of SPOT data to the Kingdom of Belgium in preferred conditions referred to in Article 3, paragraph 2, the CNES SPOT data for refund to the SPO the difference between the market price and marginal cost support and reproduction.
In 1985 and 1966, the total annual amount of these refunds will be deducted assets of fund-raising as defined in paragraph 4 of this annex.
Amendment No. 2 to the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the joint implementation of a programme of Earth observation the Government of the Kingdom of Belgium and the Government of the French Republic 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 Earth) in the framework of the national programme french observation of the Earth for peaceful purposes, and in particular article 12.2 of the 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 common interest of the Government of the Kingdom of Belgium and the Government of the French Republic to the development of the commercial market of the products of SPOT and the powers of the company SPOT IMAGE in this area, whereas the participation of the Belgian company SPOT IMAGE State, have agreed as follows: Article 1 the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the joint implementation of a programme of observation of the Earth and his first endorsement are extended for the duration of operation of the third and fourth flight models of the satellite (SPOT 3 and SPOT 4), the main features are described in the annex.
The provisions of the agreement and its first amendment shall continue to apply mutatis mutandis to the extent where they are not superseded or modified by the provisions of this amendment.
Article 2 2.1. The Government of the Kingdom of Belgium should contribute to the financing of expenditure arising from the implementation of SPOT 3 and SPOT 4 satellites within the limits of a firm lump sum financial cover of 270 million Belgian francs.
This envelope covers: a participation in the costs of the work carried out by Belgian, i.e. industrialists: a) participation in the costs of realization and recipe of the primary power of SPOT 3 and SPOT 4 electronic equipment, b) the costs of the study's definition of electronics of power of the secondary payload designed to SPOT 4 Vegetation, c) tuition of means electrical ground of the secondary payload designed to SPOT 4 Vegetation ((, d) participation in the realization of 2 GHz of Kerguelen station planned for SPOT 4, e) participation in radiometric testing of SPOT 4 HRVIR instruments, participation in the costs of launch and orbit of SPOT 3 and SPOT 4.
2.2 the Government of Kingdom of Belgium undertakes to pay its contribution in two tranches. The first installment, which covers 80% of the total amount will be adjusted at the latest three months after the signature of this addendum and the balance shall be paid not later than six months after the signature of this addendum.
Payments will be made on an account opened by the CNES in a Belgian Bank.
CNES will have the free use of these funds in the amount of pre-financing demonstrated for the benefit of Belgian industrial.
2.3. If subsequent SPOT satellite models are launched, the modalities of participation of the Belgium will be determined by mutual agreement.
Article 3 for the implementation of Articles 4 and 6.6. the agreement of 20 June 1979, the parties agree to the following additional provisions: 3.1. (a) the CNES guarantees the programming of the shots of the satellites SPOT 3 and SPOT 4 at the request of the Government of Belgium within the limit of 1% of the capacity of Earth observation transmitted live or delayed to either of the stations from Toulouse or Kiruna which constitute the central SPOT receiving stations network. This ability depending on the size of the central network, the rights of the Kingdom of Belgium will be calculated at the beginning of the year on the basis of a forecast.
The discrepancy between the reality and the forecast will be taken into account in the calculation of the rights of the Kingdom of Belgium for the following year.
(b) the conditions of such programming shall be adopted annually by a mutual agreement between CNES and the SPO.
3.2. has) any data command to SPOT IMAGE or its distributor in Belgium subject to billing at market prices.
(b) where a command has been previously approved by the SPO, the CNES reimburses them for each picture a amount equal to the difference between the market price and marginal cost support and reproduction (reception, archiving, mission control, pretreatment, possible reproduction and shipping).
(c) the total amount of reimbursements for SPOT 3 and SPOT 4 data shall not exceed the amount of the contribution of the Kingdom of Belgium to programs SPOT 3-SPOT 4.
d) SPPS are committed to accept a SPOT data control when it emanates from a Belgian user for its own needs.
3.3. the CNES is exclusive owner of the copyright of SPOT data regardless of the treatment given to these data. They shall not preclude the recognition of rights of the same nature for the benefit of the SPO for the realization of works or derivatives.
The exclusive rights of the CNES can however result in relation to images subject to an order approved by the SPPS to royalty or no restrictions of use in Belgium other than necessitated by the protection of the rights of the CNES.
An agreement between SPOT IMAGE and the entity designated by the SPO will detail the application of the provisions of

This amendment to the distribution of the data.
Article 4. -Amendments annex is an integral part of this amendment.
This Protocol 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 to the other party in writing its acceptance.
Article 5 -Final provisions 5.1. This amendment will enter into force on the date of the exchange of notifications noting that the national requirements for its entry into force are met.
5.2. This addendum is concluded for a period equal to the duration of the operation of the first four models of flight SPOT 1, 2, 3 and 4 except early termination by mutual agreement by the Contracting Parties. It may be extended by mutual agreement for the duration of operation of the models of subsequent flights.
Done at Paris, on 23 October 1991, in two original copies in Dutch and in French, both languages being equally authentic.

Annex to the Protocol n ° 2 to the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the execution in a common characteristics of SATELLITES SPOT 3 and SPOT 4 1 Earth observation programme. Characteristics of SPOT 3 Earth observation satellite satellite SPOT 3 is built the same SPOT 2 satellite.
His delivery is scheduled in the first half of 1991.
Its launch should occur at the end of life of SPOT 2.
2. features of the SPOT 4 satellite SPOT 4 satellite, built in the continuity of the satellites SPOT 1-SPOT 3, features the following improvements:-life extended to 5 years, - addition of a spectral band in the Middle Infra-Red 1.6 m more efficient for the discrimination of different plant species and their State of growth - passenger capacity , it is in particular intended to ship a set of experiments measuring the space environment and technology (PASTEC: passenger Spot technology) and a terminal providing a link to high speed (60 M bit/S) laser beam to a relay satellite geostationary.
This PASTEL (passenger SPot telecommunications Laser) experiment is being conducted in cooperation with the European Space Agency.
The possibility of carriage of a passenger from the wide field Vegetation type is preserved, a final selection of the use of the capacity thus offered will be made in a timely manner.
His delivery is scheduled in the second half of 1994.
Its launch should occur at the end of life of SPOT 3.
The operational implementation requires the development of a new station of the network 2 GHZ of CNES.
This new station will be located in the Kerguelen and must be put into service in the year 1993.

Amendment No. 3 to the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the joint implementation the Government of the Kingdom of Belgium and the Government of the French Republic whereas the agreement which they signed on June 20, 1979, for the realisation of the SPOT satellite and addenda 1 and 2 to that agreement (relating to SPOT 2 3 and 4) whereas the common interest of the Government of the Kingdom of Belgium and the Government of the French Republic to the realization of the Vegetation program and the use of its data, whereas the context of cooperation from this programme between the European Community, the Italy, the Sweden, the Belgium and France, cooperation embodied by the signing of a cooperation Vegetation agreement hereinafter referred to as agreement between the different partners namely, ASI (Italy), the SNSB (Sweden), the SSTC (Belgium), CNES (France) and the European Commission, dated May 25, 1994, whereas the letter addressed to the Director general of CNES by the Secretary general of the OSTC dated March 23, 1994 and the response of the Director general of CNES to this mail, dated May 19, 1994 , have agreed as follows: Article 1 the agreement between Government of the Kingdom of Belgium and the Government of the French Republic concerning the joint of an Earth observation program implementation and its amendments 1 and 2 are extended to executing program Vegetation whose main characteristics are described in the annex.
The provisions of the agreement and its amendments 1 and 2 shall remain applicable insofar as they are not superseded or modified by the provisions of this addendum for the Vegetation programme and in respect for the principles laid down in the cooperation agreement Vegetation.
Section 2. -Obligations of the Belgium and France the Government of Kingdom of Belgium should contribute to the financing of expenditure arising from the realization of the Vegetation (including payload and associated ground segment) program for an amount of 500 million Belgian francs (five hundred million Belgian francs), to the economic conditions of June 1993. This amount does not include the price revisions associated with or the hazards identified in the cooperation agreement Vegetation.
This envelope covers participation in the costs of work by Belgian industrial, in accordance with the tables of the annex to this addendum namely:-electronic converter of instrument and distribution box, - flight software -, electrical, mechanical and optical ground - vacuum testing of the payload models--programming, - centers for processing image and image quality -, centre receiving image station.
Other scientific, technical and industrial work such as for example participation in the preparation of users to the exploitation of Vegetation data and the preparation of the Vegetation system until the recipe in flight operations will be carried out in Belgium.
The total amount of works and services carried out in Belgium is estimated at 800 million Belgian francs, to economic conditions in June 1993, excluding technical hazards and price revisions.
The terms of payment of the contribution of the Government of the Kingdom of Belgium are laid down in the aforementioned Vegetation cooperation agreement.
Payments for the benefit of works and services carried out by the Belgian industry will be made on an account opened by the CNES in a Belgian Bank.
CNES will have free use of these funds in the amount of financing demonstrated for the benefit of Belgian industries, the program of Vegetation.
Article 3. -Later models if later models of the Vegetation payload are developed and the evolutions of the ground segment realized, the modalities of the participation of the Belgium and the associated potential work entrusted to the Belgian industry, will be determined by mutual agreement according to the programmatic context.
In particular, where a multilateral structure is retained, requiring new co-financing of the partners of the programme, CNES will promote a coherent industrial structure with that established by the first generation, subject to appropriate Belgian funding.
In the case where an operational entity finances the total expenditure for renewal and CNES is entrusted with the project management, CNES will also promote this industrial structure.
Article 4. -Rights and intellectual property in the specific context of the agreement of cooperation Vegetation and in compliance with the principles of this agreement on the realization of the first model of the payload and the establishment of the associated ground segment, the intellectual property rules are defined by means of contracts concluded by CNES with industry Belgian; These rules are defined in consultation with the OSTC.
Article 5 -Amendments annex is an integral part of this addendum.
This endorsement and its annex may be amended by the Contracting Parties, in respect for the principles set out in the cooperation agreement Vegetation. 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 to the other party in writing its acceptance.
Section 6. -Duration 6.1. This amendment shall enter into force on the date of the exchange of notifications noting that the national requirements for its entry into force are met.
6.2. This addendum is concluded for a period covering the phase of development, qualification and recipe in flight of the Vegetation payload and the associated ground segment. the end of this period will be no later than two years after the date of launch of SPOT 4, unless early termination by mutual agreement by the contracting parties.
Regarding the arrangements for the operational phase, they will be subject of an exchange of letters between the two parties. An early repeal is possible in compliance with the principles laid down in the agreement of cooperation Vegetation. This addendum may be extended by mutual agreement for later models.
Done in Paris, on December 20, 1994 in two original copies in French and Dutch, two diapers being equally authentic.

Annex to Protocol No 3 to the agreement between the Government of the French Republic and the Government of the Kingdom of Belgium concerning the joint implementation of a program of VEGETATION onboard SPOT 4 Earth observation: 1 program DESCRIPTION. INTRODUCTION the overall objectives of the programme "Végétation" are to provide specific and operational of the simple features of vegetation cover:-either for scientific studies including

experiences at the regional level, as well as global experiments conducted over long periods of time (for example, the development of models of dynamics of the biosphere interacting with climate models), - for systems to monitor major productions of vegetation such as crops, pastures and forests.
System "Végétation", consisting of an instrument flown on board a satellite and ground segment associated, is designed to provide simple, long term, suitable for studies of the biosphere. Functions of integration at different spatial scales are provided in combination with the main instruments of SPOT (HRVIR) which allow to obtain high spatial resolution for detailed modelling activities or multilevel sampling procedures. The data can be made available to different types of users due to the centralization of reception and archiving of global data, associated with the quality monitoring. The date of launch (around 1997) and the duration of the system (estimated to be about 5 years lifespan) are adapted to apply systematic and extensive methodologies which already exist or which will be developed over the next five years.
It is clear that this system will benefit from detailed studies based on other systems dedicated to specific studies of the characteristics of remote sensing measures or their relationships with the surface or process parameters. It is to consider the evolution of the specifications of the mission should take into account the results of such studies to allow a better characterization of the State and the dynamics of the biosphere.
II. objectives of the MISSION the VG-DSM-0-10-CN specifications and VG-SM-0-20-CN (Refs. 5 and 6) describe the requirements to the mission and the images of the products to be taken into account by the project group for the design of the Vegetation system. The following paragraphs provide a synthesis of these requirements.
The Vegetation mission objectives are fully described in Ref. 1. Three uses types are briefly set out below:-mapping of surface parameters: it is of use main, necessary in particular for climate studies and weather in which boundary conditions must be prescribed, for example for global circulation models or for forecast models. Factors such as surface roughness, albedo, sensible and latent heat fluxes are important variables for these models and can be determined from a 'simple' identification of the earthly Crown. Their seasonal and long-term variations are related to the dynamics of the vegetation and the ability to identify the physical characteristics of the land cover is essential for an accurate determination of these variables.
The scales defined in global circulation models and forecasting (typically on the order of 100 km) models require that land cover and its variability are identified with a sample of 8 to 10 km (Ref. 4): the spatial resolution of base required for the identification of land cover and its variability is 1 km. The requirements of the IGBP programme introduces the need of basic zones (blocks of 10 x 10 km2) on which radiometric properties must be specified to get a more accurate analysis than on larger blocks (approximately 1,000 x 1,000 km2 for example zones);
-agricultural production, pastures and forests: since the beginning of the era of satellite remote sensing of continental (1972) surfaces, important projects (including LACIE, AGRISTARS for USDA, March for CEC, TREES for JRC/ESA...) have been put in place to develop methodologies and strategies for the use of data of remote sensing, either for the land-use mapping in high pressure anthropogenic or natural ecosystems , for the estimation of production potentials.
The specific objective of these projects was to determine the evolution of the productions. For the management of crops in agricultural-exporting countries, this goal should be suitable for monitoring of resources in pastures and their dependence on weather developments in the assessment of the global impacts arising from deforestation and, more generally, information needs related to the guidelines and political or social decisions. A reference model that should be used to infer specifications for plant system is the MARS project (Ref. 2), in particular due to the structure of the project even based on complementary methods using ground surveys, at a high spatial resolution (SPOT and Landsat/TM data) as well as frequent observations (NOAA/AVHRR) and conventional agrometeorological models;
-monitoring and modelling of the mechanisms of the terrestrial biosphere: the contribution of the continental biosphere in biogeochemical cycles (exchanges of carbon and other trace gases) and water and energy exchanges is one of the objectives of the development of global models. Interaction with human activities is also one of the main points to consider as the effect of the human pressure on the biosphere could be one of the means by which man is, long term climate. Biosphere processes and the determination of the characteristics of land cover are the basics of quantization: it is necessary to make estimates of the variables of land cover as well as the dynamics of these variables to achieve a good understanding of the problem, which will lead then to the modeling. Prediction of the impact of climate change on the biosphere and the interactions of the biosphere with the climate due to natural factors or human pressure cannot be deduced that the quantification and the formation of the mechanisms governing the functioning of vegetation and ecosystems. It is necessary to develop and to link series of models at multiple scales, ranging from surveys of land and the definition of parameters and local to regional or global dynamics and interaction models. Remote sensing of vegetation, as described above, offers a unique for these developments tool, provided that the specifications of systems are adapted to each particular need.
III. characteristics of system taking account of the specifications discussed and proposed by the international Committee of users (see Ref.
5 and 6), it is possible to summarize the characteristics of the Vegetation instrument and the embedded system follows: III.1. Radiometric specifications for the consultation of the table, see image radiometric Resolution (NEΔOp) Rouge0, 001 up to of reflectances of 0.10 linear increase up to 0.003 for the reflectance of 0.5 PIR, MIR 0.003 for the entire beach blue 0.003 for the entire range of internal consistency to the image: in a whole image, corresponding to a NEΔOp of 0.005 for any value of reflectance calibration accuracy : Interband and multitemporal: better than 3% (target) absolute: better than 5% (target) III.2. Specifications geometric Spatial Resolution: in both directions, 1.15 km at nadir, minimum variations for observations from edge of field due to the use of detectors CCD field of view: angle of view from edge of maximum field of 50.5 about (swath width of 2,200 km) geometric details: local distortion: less than 0.3 pixel, location accuracy: greater than 1000 m (desired) 2 000 m (specified), multispectral overlay: significantly better than 0.3 pixel spatial coverage: 90 per cent of Equatorial regions measures are taken every day, measurements of the remaining 10% being made the next day. For latitudes greater than 35 (North and South), all regions are acquired at least once per day, several measures being provided the same day with different observation geometries. The precision specifications in III.1 and III. 2 must be reached as soon as the solar Zenith angle is below 60.
III.3. operational Image Transmission Specifications: all spectral bands with full spatial resolution on the land areas will be stored on board in a memory in the solid state (2.2 GB capacity), which allows to use a single receiving station to which the data will be transmitted in the X band. All bands will be also transmitted in the L-band for local receiving stations with high compatibility with existing NOAA/AVHRR HRPT receiving stations.
III.4. Technical Description of the payload the Vegetation payload is designed from the beginning to meet system constraints which guarantee total compatibility with the SPOT satellite. It has been possible to simplify the interfaces between the payload and the host satellite by designing a payload as independent as possible.
The Vegetation system is completely autonomous with regard to the following aspects:-telemetry in the bands X and L, - recording and storing of images with ancillary data - maintenance (programming and monitoring included).

The system is designed to present a rated reliability of 0.8 over 4 years. The calculated life expectancy is compatible with overall life expectancy of 5 years duration. The system includes four main sets: - the imaging, consisting of a radiometer electronic scanning CCD, the associated electronics and calibration subsystem, - a subset of image processing realizing the agglomeration of pixels and telemetry data formatting, - a subset of embedded management that treats bus dialogue SPOT 4/Vegetation and control all equipment of Vegetation, including recording (2.2 GB solid-state memory) - a subset of telemetry downlink in the bands X and L. III.5.
Definition of products are defined by the international Committee of users.
They must be adapted to the specific tasks described above and must be more coherent as possible with the needs of existing projects. Two general categories of users can be identified:-research groups developing methodologies for the use of Vegetation data or scientific studies of the biosphere: they have usually to a study site (approximately 500 x 500 km2) and require a series of long-term (a year of data daily or weekly),-projects based on the use of Vegetation data and other data sets , for which delivery of data must be fully operational, and, for long periods for purposes of comparison or for historical studies (Mainland per day). Projects of this type are March, TREES, IGBP...
The General characteristics of the product are now set, as well as global levels (table 1).
Level 1 corresponds to data unadjusted except system errors: wrong overlay of the different spectral bands, calibration of all detectors along the bars of detectors for each spectral band. The data below apply to this level of data. These data are accompanied by annotations giving complete information for a subsequent correction of mistakes unrelated to the system: geometric parameters taking into account the attitude and position in orbit, the 'standards' atmospheric corrections proposed in Ref. 3.
For consultation table, see image level 2 corresponds to the level 1 data which have been corrected with the help of annotations accompanying the level 1 data. Several possible geometric projections will be proposed. Up to this point, products available to users will be selected as part of an orbital route.
Level 3 data are most likely the data that will be used operationally: they correspond to level 1 having been corrected using data annotations and why certain summaries are provided: - a daily synthesis using all available measures in one day for a particular location, - a temporal synthesis (perhaps over a period of between 5 and 10 days) based on the selection of the "best measure throughout the period." This choice can be made on the basis of the maximum value of normalized vegetation index, generally accepted method now, despite the identification of many problems associated with this selection.
The evolution of the needs of users and validation of new algorithms requires a regular update procedure of the treatment system.
This procedure must enable the inclusion of new correction methods, synthesis, etc data as soon as these will be accepted by the community of users.
Support will be provided to users to facilitate the use of Vegetation data. Indeed, a catalogue with a function of consultation on the quality of the data (cloudiness) will be accessible through telecommunications lines and normal channels. Valid software models are widely available for the day-to-day operations of standard correction and data processing.
IV. ground Vegetation the Vegetation ground segment Segment is divided into two parts: - the ground segment of mission and control associated with SPOT 4 - ground image segment.
IV.1. Segment sol mission and control its main function is to control and program the Vegetation payload in the Middle, respectively, of the maintenance in downlink telemetry and remote controls in uplink with SPOT 4.
The centre will be located on the same site as the center of control and mission SPOT 4.
IV.2. ground image Segment it is possible to distinguish five main functions for the ground image (CAAS) segment: first function (F1): Acquisition and recording of the telemetry telemetry in the global mode images, transmitted in visibility from the main station located in Kiruna, must be acquired and transformed into digital data and recorded on a standard medium. The produced data correspond to level 0.
This is also the case of the telemetry images in regional mode on an area centered around Toulouse for monitoring and control the image of the instrument quality Vegetation (AC).
Second function (F2): archiving and processing of top level the following are systematically carried out to all Vegetation data acquired in the global mode:-permanent archiving of data from level 1 - systematic processing of level 1 by shooting segment - temporary archiving of data of level 1 (time TBD).
Third function (F3): generation of level 3 systematic treatment (F3a) the CAAS products routinely performs the following functions: - global synthesis of level 3 per day of shooting, - global synthesis of level 3 of the data obtained during 7 days of shooting (AC), - permanent archiving of these level 3 products.
Demand (F3b) A processing the application specific users, the CAAS:-extracted products of level 1 of the archives (or regenerates the requested product), - generates products of level 2, - extract products of level 3 of the archives (and can create specific products of level 3 AC).
Fourth (F4) function: Interface with users and data distribution the CAAS should:-allow users a local consultation or distance from the archives of Vegetation data, according to a number of criteria such as the geographical area of interest, a period of shooting data, the existence of data HRVIR (in this case, a link will be necessary with data HRVIR catalog at SPOT IMAGE) ,-consider unusual requests programming instruments for areas not covered by the systematic programming - allow users to order products Vegetation of level 1, 2 or 3, depending on certain criteria such as the location of interest, the shooting period, the map projection (for levels 2 and 3), etc. - check and distribute products based on orders of users -ensure that the system settings relating to the ground processing are distributed to direct receiving stations and external treatment centres, - interfacing with SPOT IMAGE for data exchange for the supply of products combined Vegetation/HRVIR - supply at the request of users, software products allowing the use of image products (reading software products) software correction of images, etc. AD).
Fifth function: monitoring and control of the quality image the CAAS must:-set the system parameters required for the treatment of soil, - make the operational control of the image satellite-to-ground ranges, including during testing in flight of the payload, - perform calibration inter-instrument (HRVIR/Vegetation), in particular as regards the telemetry and radiometric calibration.
V. References 1.
Achard f., JP. Madu, T. Phulpin, G. Saint, B. Saugier, B. Seguin, D. Vidal-Madjar (1992), "A mission for global monitoring of the continental biosphere» 2. Seguin B., Fischer A. (1992), "Development of actions to deepen the possibilities of operational implementation of NOAA-AVHRR satellites in agro-climatic monitoring of crops across the UNECE", contract INRA-CCR n 4223-9 d-12 ED ISP F 04/92 3. IGBP-DIS (1992), "Improved Global Data for Land Applications», IGBP report No. 20.
4 IGBP-DIS (1992), "Requirements for terrestrial biospheric data for IGBP Core Projects", Toulouse Workshop June 17-19 1991. IGBP-DIS Working Paper No. 2 June 1992.
5 St. g. (1993), ' Vegetation onboard SPOT 4: Mission specifications ", LERTS/GS 93/168, VG-SM-0-10-CN.
6 Saint g. (1993), ' Vegetation onboard SPOT 4: Products specifications ", LERTS/GS 93/047, VG-SM-0-20-CN.
For the consultation of the table, see image policy industrial table 2: ground Segment (to consolidate after studies of the phase A) for consultation of the table, see image policy industrial table 3: Elements of development of the system for the consultation of the table, see image Amendment No 4 to the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the joint implementation of a programme of the Government of Kingdom of Belgium Earth observation
and whereas the Government of the French Republic,

the agreement which they signed on June 20, 1979 for the realization of a satellite, referred to hereinafter SPOT (probationary observation system of the Earth), 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 this agreement that they signed on 23 October 1991 concerning SPOT 3 and 4, whereas the third endorsement they have signed 20 December 1994 on the Vegetation instrument onboard SPOT 4 and its ground segment, whereas the common interest of the Government of the Kingdom of Belgium and the Government of the French Republic, to the development of the commercial market of the products of SPOT and the powers of the company SPOT IMAGE in this area , Considering the interests of the Belgian State to the company SPOT IMAGE, have agreed as follows: Article 1 the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the joint of an Earth observation program implementation is extended for the duration of development and operational use of the fifth and sixth flight models of the satellites (SPOT 5 and SPOT 5 B) , whose characteristics are described in annex 1.
The provisions of the agreement 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 2.1. Content the Government of the Kingdom of Belgium agrees to contribute to the financing of expenditure arising from the implementation and launching satellites SPOT-5A and SPOT 5 B. This contribution covers: 2.1.1. Payment of benefits of Belgian industry in the following works:-electronic equipment for in-flight power subsystem (Shunt regulator and junction-RSJ - and distribution-BD box-) including components discrete high reliability and the means of associated simulations, - structure of the telemetry payload box - testing of the instrument's shooting high-resolution geometric - embedded software - means soil electrical and software related , - space images reception station, - centre for development and stationkeeping and programming centre, - ground image segment -, all other possible work within the sector of CNES Earth observation satellites, subject to prior agreement of the CNES and the OSTC.
These benefits are the Belgian strategic space industrial policy guidelines. They cannot be modified by the CNES and the OSTC without the consent of the other party.
2.1.2 4% share of the cost of mailing of the SPOT 5A and 5b SPOT satellites and launch which will be charged to the SPOT 5A and SPOT 5 B programmes.
2.1.3. a margin of risks limited to 10% of the amount of the costs of the benefits referred to in subsection 2.1.1. to cover, where appropriate, the additional costs resulting from technical hazards.
2.2 financial provisions the financial provisions relating to the implementation of article 2.1. are included in annex 2 of this amendment.
2.3 later models if models subsequent or derived from the SPOT 5A and 5b SPOT satellites are launched, the modalities of participation of the Belgium will be determined by mutual agreement.
2.4 payload Vegetation SPOT 5A and 5b SPOT satellites are designed to be able to embark the payload Vegetation (see annex 1).
Article 3 for the implementation of Articles 4 and 6.6. the agreement of 20 June 1979, the Parties agree to the changes and following additional provisions, being understood that the terms request approved programming, use approved, Scenes, Scenes approved, data, works and derivatives are defined in annex 3.
3.1. the CNES guarantees the programming of the shots of the SPOT 5A and 5b SPOT satellites at the request of the Government of the Kingdom of Belgium within the limit of 4% of the time for the satellite operation.
This guaranteed operating time is defined as the sum of the operating time at the disposal of CNES or designated entity by the CNES during which the satellites transmit catch live views or deferred to one or the other of Toulouse and Kiruna stations that constitute the backbone of reception SPOT. This guaranteed operating time will be calculated at the beginning of the year and expressed on the basis of a forecast quarter by quarter.
Programming applications approved by the OSTC and/or the entities designated by the SSTC will be carried out free of charge within the limits of the guaranteed operating time, regardless of the level of priority, provided that the time allocated to priority requests does not exceed 10% of the guaranteed operating time. The Interior of these 10%, CNES ensures the execution of programming, at the request of the OSTC annual coverage of the Belgian territory.
Requests for programming approved by the OSTC and/or the entities designated by the SSTC will be made in respect of the priority programming earlier both third parties than to the OSTC and/or the entities designated by the OSTC.
It is agreed that the right of priority programming will have to be exercised by the OSTC and/or entities designated by the SSTC, so as to avoid that the CNES or an entity designated by the CNES, is no longer in position to program and to acquire images on a given region.
If such a situation should arise, the CNES or an entity designated by CNES, and the SSTC and/or entities designated by the OSTC would meet to resolve the problem in accordance with their mutual interests.
Beyond the guaranteed time, programming requests will be charged at the market price.
3.2. within the framework of this addendum, and during operational life in the SPOT 5A and 5b SPOT satellites orbit, CNES allows the OSTC and/or the entities designated by SSTC to order a maximum of N Scenes per year to the conditions described below:-the value of N is called the reference quantity, it corresponds to 4% of the number of original scenes received Toulouse and Kiruna, annually sold N shall be not less than 400 orders for scenes carried out within that reference quantity shall be previously approved by the OSTC, these commands of approved scenes will be invoiced at marginal cost support and reproduction (reception, archiving, control and programming, pre treatment, possible reproduction and shipping).
3.3. the CNES is exclusive owner of the copyright of the SPOT data regardless of the treatment given to these data. These rights shall not preclude the recognition of rights of the same nature for the benefit of the OSTC for the realization of works or derivatives.
The exclusive rights of the CNES can however result in relation to the scenes covered by the amount of such reference as defined in Chapter 3.2, no royalties or restrictions of use subject to these scenes to be used by a client certified for use it even approved.
The exclusive rights of the CNES will be recalled by the mention "(c) (year) CNES all rights reserved.
3.4. the rules on the distribution of the data as well as detailed rules for the application of the provisions of article 3 shall be specified in an agreement between the OSTC, on the one hand, and CNES, or an entity designated by the CNES, other hand Article 4.
-Amendments 1, 2 and 3 annexes are an integral part of this amendment.
This Protocol and its annexes 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 to the other party in writing its acceptance.
Article 5 -Final provisions 5.1.
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.
5.2 this amendment is concluded for a period equal to the duration of the development and the operational use of the flight models SPOT 5A and SPOT 5 B, unless early termination by mutual agreement by the contracting parties. It may be extended by mutual agreement for the development and the operational life of the subsequent flight models.
Done in Paris, on 9 January 1996 in two copies in French and Dutch, both languages being equally authentic.

Annex 1 to the rider No. 4 to the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the joint implementation of a programme of Earth observation characteristics of satellite SPOT 5 A and SPOT 5 B satellites SPOT-5A and SPOT 5 B, built in the continuity of service of the satellites SPOT 1 to 4, are equipped with the following improvements : - spatial image resolution: address resolution passes 10 m to 5 m, multispectral resolution passes from 20 m to 10 m except for the spectral band medium infrared which preserves a resolution of 20 m, - stereoscopic views along the track improving operational capacity

of shots.
For this payload is composed of 3 instruments High Resolution geometrical (HRG) based on the instruments developed on SPOT 4, one instrument to the nadir, the other two aimed along the track, forward and aft of the nadir for catches of stereoscopic views with a width of field of about 60 km. These three instruments allow, upon request, to acquire a field of approximately 180 km width.
Design of telemetry image, using static memories for storing images and 3 channels at 50 MB/sec data. to transmit these data images to the ground, to improve the operational capacity of the system.
The passenger carrying capacity is preserved, it is in particular intended to repeat the boarding of a new set of experiments to the space environment and technology measures (PASTEC: passenger Spot technology), this capacity allows the loading of the instrument wide field Vegetation.
The SPOT 5A satellite delivery is expected in the second half of 2000, its launch should take place in 2002, date matching at the end of life of SPOT 4.
Satellite SPOT 5 B is built to the identical SPOT 5A, his delivery is scheduled in 2002 and its launch should take place in 2007, date at the end of life of SPOT 5.

Annex 2 to the Protocol No. 4 to the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the joint of a provisions financial 1 Earth observation programme implementation.
Belgian Belgian part financial commitment commitment focuses on: has) the works referred to in paragraph 2.1.1. This amendment, in the boundary of an envelope of 1 134 million Belgian francs (thousand hundred and thirty-four million Belgian francs) to the economic conditions of 1 January 1994 (excluding risks and price revision formula), approximately equal to 4% of the cost of the program SPOT 5A and 5b SPOT off launch and mailing expenses.
b) participation in 4% to launch and mailing expenses.
This amount is estimated at 192 million Belgian francs for a single launch (384 million Belgian francs for the two single launches), to the economic conditions of January 1, 1994.
The final amount for each of the launches will be determined in accordance with actual prices, the burden of the SPOT 5 programme, charged by the Arianespace company.
The terms of payment of these amounts will be definitely fixed in the year 2000, an estimated timetable is given to point 2 b) of this annex.
The final version that this participation has yet to subject to the prior agreement of the Council of the Ministers.
(c) a margin of hazards, limited to 10% of the amount of the work referred to in article 2.1.1). This amendment.
(d) revisions to price, calculated according to the formulas of discount applied in contracts covering the various works referred to in point 1. a) of this annex.
These formulas will be the subject of a prior agreement between the OSTC and the CNES.
(2 payments of the Belgian financial contribution schedule a) payments of the Belgian contribution to the activities section 2.1.1 to the economic conditions of 1 January 1994 will be made according to the following calendar: for consultation table, see image b) estimated the activities section 2.1.2 payment schedule (launch and mailing of the satellite SPOT 5 A and B) is as follows : For consultation table, see picture 3. Financial rules a) payments will be made on an account opened specifically for activities Belgian SPOT 5A and 5b SPOT by CNES in a banking institution. CNES will provide the OSTC annual information on the status of the account or a specific request of the OSTC.
((b) in relation to industrial activities described in point 1.a) of this annex, the CNES will call funds with the OSTC since 1996, according to the needs of the programme and in accordance with the schedule of payments of the Fund shown in point 2. of this annex.
CNES will have free use of these funds, in the amount of financing demonstrated for the benefit of Belgian industries.
c) in relation to any technical hazards referred to in point 1.c) of this annex, the CNES will be able to call the corresponding amounts from January 1, 1998. These amounts will be subject of a prior detailed justification with the OSTC.
(d) the CNES will call the Fund at the beginning of the year, called amounts will be updated to the economic conditions of the month of June of the current year, after presentation to the OSTC's calculations estimate on the basis of updating formulas covered in 1.d) of this annex. The corresponding procedure of payment of funds will be then launched by the OSTC.

(Annex 3 to Protocol No 4 to the agreement between the Government of the Kingdom of Belgium and the Government of the French Republic concerning the joint of a glossary 1 Earth observation programme implementation) 'Data' means: a) any signal representing a scene or part of scene transmitted by satellite and received by a station, and any record of this signal in any form whatsoever, recorded on a suitable support.
b) as signals processed by any method causing no significant change in the form of the said signals by the use of the data other than the purchasing system.
The form of the data is that which is determined by the purchasing system: this system comprises the satellite and its sensors, orbital characteristics of the satellite and the movement of the Earth. Typically, algorithmic procedures, record mode, formats and the means employed or the annotations in the margins do not affect this form.
(2) "programming demands" approved and 'scenes approved' apply for approved programming is intended for a client certified for use itself approved.
An approved scene is intended for a client certified for use itself approved.
-'Registered' client is a user Belgian (moral or physical person) with at least a residence permanently in Belgium, or corporate headquarters.
-'Approved' use is use restricted to the internal needs of the client that cannot give rise to a marketing any: distribution or resale of data, or copy-processing for the purpose of marketing of the data as such.
This limitation of use concerns however the data transformations to obtain 'works and derivatives' as defined in section 4 below, nor the marketing of 'works and derivatives' thus obtained.
To be 'approved', an application for programming and a scene must fulfil the two conditions above.
(3) a 'scene' means: A set of data which, when not re-sampled, includes approximately:-6 000 pixels 6 000 pixels on three multispectral bands - B1, B2, B3 and 3,000 pixels on 3000 pixels on the fourth band multispectral MIR.
-12 000 pixels 12 000 pixels on the panchromatic band.
These figures represent a land surface ranging from 60 on 60 km about 60 km 80 km approximately, depending on the angle of observation.
(4) ' work and derivatives ' refers to any kind of product run from the 'data' using data other than those of the acquisition system. These products have a higher added value as a result of treatments or additions of information, they must lead to a significant change in the form of the data and represent a creative human intervention.

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