belgiquelex.be - Carrefour Bank of Legislation

14 JANVIER 1994. - An Act to Enact the Protocol, adopted at Darmstadt on 5 June 1991 by the Council of EUMETSAT, amending the Convention establishing the European Organization for the Exploitation of Meteorological Satellites (EUMETSAT) of 24 May 1983 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Single article. The Protocol, adopted at Darmstadt on 5 June 1991 by the Council of EUMETSAT, amending the Convention establishing the European Organization for the Exploitation of Meteorological Satellites (EUMETSAT) of 24 May 1983, will come out its full and complete effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 14 January 1994.
ALBERT
By the King:
Minister of Foreign Affairs,
W. CLAES
Minister of Science Policy,
J.-M. DEHOUSSE,
Seen and sealed the state seal:
Minister of Justice,
Mr. WATHELET
____
Note
(1) Session 1992-1993
Senat
Documents. - Bill No. 822-1. - Report, number 822-2.
Session 1993-1994
Annales parliamentarians. - Discussion, meeting of 27 October 1993 - Vote, meeting of 3 November 1993.
Room
Documents. - Project transmitted by the Senate, No. 1207-1.
Annales parliamentarians. - Discussion, meeting of 2 December 1993 - Vote, meeting of 2 December 1993.
"PROTOCOLE AMENDANT"
Amendment of the Convention establishing the European organization for the operation of "Eumetsat" meteorological satellites of 24 May 1983
In accordance with Article 17.1 of the EUMETSAT Convention, the EUMETSAT Council recommends acceptance of the following amendments to the Convention establishing a European Organization for the Exploitation of Meteorological Satellites, "EUMETSAT", on 24 May 1983, and referred to below as the "Convention":
The Considerata of the Convention are amended as follows:
- a new paragraph is inserted under the title "Considering",
- All paragraphs listed under the title "Notant" are replaced by the following:
- The first paragraph listed under the heading "Recognizant" is replaced by the following:
“Considering that:
- the meteorological satellites, by their coverage area and their. operational characteristics, ensure the long-term delivery of the global data essential to Earth observation and its climate that is of particular importance to the detection of climate change on a global scale;
Noting that:
- the World Meteorological Organization recommended that its members improve the meteorological databases and strongly supported plans to realize and operate a global satellite observation system to feed its Programs;
- METEOSAT satellites were developed with the greatest success by the European Space Agency (ESA),
- the METEOSAT Operational Programme (MOP), led by EUMETSAT, has demonstrated the ability of Europe to assume its share of responsibility in the implementation of a global satellite observation system;
Recognizing that:
no other national or international organization shall offer to Europe all the weather satellite observations necessary to cover its areas of interest; "
Article 1^er.
Article 1^er of the Convention is amended as follows:
- the reference to Articles 15.2 and 15.3 of paragraph 2 is replaced by a reference to Articles 16.2 and 16.3.
- In paragraph 4, "Director" is replaced by "Director General".
- Paragraph 5 is replaced by the following:
"EUMETSAT Headquarters is located in Darmstadt, Federal Republic of Germany, unless the Council decides differently in accordance with Article 5.2 (b) (v). »
Article 2.
Article 2 of the Convention is amended as follows:
- the title and paragraphs 1 and 2 are replaced by the following:
- New paragraphs 4-9 are introduced;
“Article 2.
Objectives, Activities and Programmes
1. The main objective of EUMETSAT is to establish, maintain and operate European systems of operational meteorological satellites, taking into account as far as possible the recommendations of the World Meteorological Organization.
EUMETSAT also aims to contribute to the operational observation of climate and the detection of climate change on a global scale.
2. The definition of the initial system is contained in Annex I^reother systems may be established in accordance with Article 3.
4. In order to achieve its objectives, EUMETSAT cooperates to the greatest extent possible, in accordance with the weather tradition, with the governments and national bodies of the Member States, as well as with non-member States or international scientific or governmental and non-governmental organizations whose activities relate to its objectives. EUMETSAT can conclude agreements to this effect.
5. The General Budget covers all activities not related to a specific Program. They represent the basic technical and administrative infrastructure of EUMETSAT and include staff, buildings and basic equipment as well as all preliminary activities authorized by the Commission in preparation for future unapproved programmes;
6. The EUMETSAT Programmes include mandatory programmes involving all Member States and optional programmes to which Member States wish to participate.
7. Mandatory Programs are:
(a) The METEOSAT Operational (MOP) Program as defined in Annex I to the Convention;
(b) The essential programmes to ensure the availability of satellite observations from geostationary and polar orbits;
(c) Other programs defined as such by the Commission.
8 The optional programs cover the programmes undertaken within the framework of the EUMETSAT objectives and adopted as such by the Council.
9. Out of the Programs referred to in paragraphs 6, 7 and 8 above, EUMETSAT may carry out any other activity requested by third parties and approved by the Commission in accordance with Article 5.2 (a) if it does not oppose the objectives of EUMETSAT. The cost of these activities is borne by the concerned third parties. »
Article 3.
Article 3 of the Convention is deleted and the following substituted:
“Article 3.
Adoption of Programs and General Budget
1. Mandatory Programs and the General Budget are established by the adoption by the Council, in accordance with Article 5.2 (a), of a Programme Resolution to which is attached a Detailed Program Definition containing all the programmatic, technical, financial, contractual, legal and other elements required.
2. The Optional Programmes are established by the adoption by Member States wishing to participate, in accordance with Article 5.3 (a), of a Programme Declaration to which is attached a Detailed Programme Definition containing all necessary programmatic, technical, financial, contractual and other elements. An optional program must be in line with the objectives of EUMETSAT and be in conformity with the general framework of the Convention and the regulations adopted by the Council for its implementation. The Programme Declaration is approved by the Council in an enabling Resolution in accordance with Article 5.2 (d) iii.
Any Member State must be able to participate in the preparation of a draft Programme Declaration and may become a participant in an Optional Programme within the time limit specified in the Programme Declaration.
An optional program takes effect as soon as at least one third of all EUMETSAT member states have declared their intention to participate by signing the Declaration within the specified time limit and that the subscriptions of participating States cover 90% of the total financial envelope. »
Article 4.
Article 4 of the Convention is amended as follows:
- In paragraph 1 of the English version, the term "a delegate of his country's meteorological service" is replaced by "a delegate of the country's national meteorological service".
- In paragraph 4, the term "EUMETSAT objectives" is replaced by "EUMETSAT objectives and programmes".
Article 5.
Article 5 of the Convention is amended as follows:
- Paragraph 2 is replaced by the following:
- A new paragraph 3 is introduced;
- Paragraphs 3 and 4 become 4 and 5 and are amended;
« 2 In particular, the Council decides:
(a) unanimously from all Member States,
i. decides on the accession of the States referred to in Article 16 and the terms and conditions of Article 16;
ii. decides on the adoption of the Mandatory Programs and the General Budget referred to in Art. 3.1;
iii. determines the ceiling on contributions to the General Budget for a five-year period in the year preceding the end of the five-year period or agrees to revise the ceiling;
iv. takes all necessary measures to finance programmes, such as loans;
v. authorizes any transfer of the budget of a Mandatory Program to another Mandatory Program;
vi. decides on amendments to all Approved Programme Resolutions and Programme Definitions referred to in Article 3.1;
vii. approves the conclusion of Cooperation Agreements with States. non-members;
viii. decides to dissolve or not dissolve EUMETSAT under Article 20;
ix. decides on amendments to the Annexes to this Convention;
x. approves cost overruns greater than 10% of the amount of the original envelope or the cap of a Compulsory Program (excluding the METEOSAT Operational Program);
xi. decides on activities to be undertaken on behalf of third parties.
(b) a two-thirds majority of Member States present and voting, representing at least two-thirds of the total amount of contributions to the GNP pro rata (or contributions to MOP for paragraph (i. below):
i. adopts the annual budget of the Operational METEOSAT Programme, together with the planned spending and income plan for the following three years and the schedule of staffing complements attached to it;
ii. approves the Financial Regulations and all other financial provisions;
iii. statue on the modalities of dissolution of EUMETSAT, in accordance with the provisions of Article 20, paragraphs 3 and 4;
iv. decides on the exclusion of a Member State in accordance with the provisions of Article 14, as well as the conditions for such exclusion;
v. decides on the transfer of the EUMETSAT Headquarters;
vi. adopts the Staff Regulations;
vii. determines EUMETSAT's satellite data distribution policy for mandatory programs.
(c) a majority representing at least two thirds of the total amount of contributions and half of the Member States present and voting:
i. adopts the Annual General Budget and the annual budgets of the Mandatory Programmes (with the exception of the Operational METEOSAT Program), together with the spending and revenue plan for the following three years and the staffing complement table attached to it;
ii. approves cost overruns representing an increase of up to 10% of the amount of the original financial envelope or the cap of a Compulsory Program (with the exception of the Operational METEOSAT Program);
iii. approves each year the accounts for the past fiscal year, as well as the balance sheet of the assets and liabilities of EUMETSAT, after having taken note of the report of the External Auditors, and gives the Director General discharge of the budget;
iv. decides on any other measures relating to mandatory programmes that have a financial impact on the Organization;
(d) by a two-thirds majority of the Member States present and voting:
i. appoints the Director-General for a specified period and may terminate or suspend the Director-General ' s mandate; in the latter case, the Council appoints an interim Director-General;
ii. defines the operational specifications of mandatory satellite programs as well as products and services;
iii. decides on the compatibility of an optional program envisaged with the objectives of EUMETSAT and the conformity of the said Program with the EUMETSAT Convention and the regulations adopted by the Council for its implementation;
iv. approves any Agreement with a Member State, an international governmental or non-governmental organization, or a national organization under a Member State;
(v) Decide on recommendations to Member States concerning amendments to this Convention;
(vi) Stop its rules of procedure;
vii. appoints auditors and determines the duration of their term of office.
(e) a majority of Member States present and voting:
i. approves the appointment and termination of higher grade officers;
ii. decides on the establishment of subsidiary bodies, working groups and defines their terms of reference;
iii. decides on any other measure not subject to express provisions in this Convention.
3. Under the Optional Programs, the following specific rules apply:
(a) The Programme Declaration was adopted by a two-thirds majority of the States present and voting wishing to participate in the Programme;
(b) States participating in an Optional Programme have the power to decide on all measures relating to the execution of an Optional Programme by a majority representing at least two thirds of the contributions and one third of the participating, present and voting States.
The coefficient of a participating State is limited to 30%, even if the percentage of financial contribution of that State is higher.
(c) The amendments to a Declaration of Programme or any decision relating to the participation in an optional programme of a new Member State require the unanimity of all participating States.
4. Each Member State has a voice in the Council. However, a Member State does not have the right to vote in the Council if the arrears of its contributions exceed the amount of its assessed contributions for the current fiscal year. In such cases, the said Member State may nevertheless be allowed to vote if the two-thirds majority of all Member States entitled to vote considers that the default is due to circumstances beyond its control. To determine the unanimity or majority set out in this Convention, no consideration shall be given to a Member State not entitled to vote. The above provisions apply mutatis mutandis to the Optional Programs.
The expression "States-Members present and voting" means Member States voting for or against. Member States that abstain from voting are considered non-voting.
5. The presence of representatives of the majority of all Member States: having the right to vote is necessary for the Council to deliberate validly. This provision applies mutatis mutandis to the Optional Programs. The Council's decisions on an urgent case may be obtained by means of a correspondence vote during the Council's sessions. »
Article 6.
Article 6 of the Convention is amended as follows:
- the term "Director" is replaced by Director General" in the title of Article and paragraphs 1^er, 2 and 3.
- In paragraph 2, a new subparagraph (d) is introduced. Subparagraphs (d) to (i) are renumbered accordingly from (e) to (j) . Paragraph (g) is amended and now refers to "budgets" and not to "budget".
“Article 6.
Director-General
1. The Director General...
2. The Director General...
(d) to implement the decisions adopted by the Council regarding the financing of EUMETSAT;
h) to prepare and execute EUMETSAT budgets...
the execution of budgets...
3. The Director General..."
Article 7.
Paragraph 7 of the Convention is amended to read:
- Paragraph 1^er, "paragraph" and "paragraph" are replaced respectively by "paragraph" and "Article".
- In paragraph 4, the reference to Article 5.2 (b) is replaced by a reference to Article 5.2 (e); on the other hand, the term "Director" is replaced by "Director General" in paragraphs 4 and 5.
Article 8.
A new Article 8 is introduced. Therefore, all the following Articles are renumbered accordingly.
« Article 8 -
Property and Distribution of Satellite Data
1. EUMETSAT has the exclusive global ownership of all data generated by EUMETSAT satellites or instruments.
2. EUMETSAT makes predefined data series available to the national meteorological services of the World Meteorological Organization member states.
3. The EUMETSAT's satellite data distribution policy is set out in accordance with the provisions set out in Article 5.2 (b) for mandatory programs and 5.3 (b) for. Optional programmes. EUMETSAT, through the Secretariat, and the Meteorological Services of Member States are responsible for the implementation of this policy.
Article 9.
Article 8 of the Convention becomes Article 9 and is amended as follows:
- In paragraph 2 the reference to (Annex I)^re of this Convention shall be deleted. Therefore, paragraph 2 ends after "services that must be provided. »
Article 10.
Article 9 of the Convention becomes Article 10 and is amended as follows:
- paragraphs 1^er3 and 4 are deleted;
- paragraph 2 becomes paragraph 1^er;
- new paragraphs 2 to 7 are introduced;
Paragraphs 5 and 6, renumber as paragraphs 8 and 9.
“2. Under the General Budget and Mandatory Programs (with the exception of the Operational METEOSAT Programme), each Member State shall make an annual contribution to EUMETSAT based on the average of the Gross National Product (GNP) of each Member State for the last three years for which statistics are available.
Statistics are updated every three years.
Under the Operational METEOSAT Program, each Member State shall make an annual contribution on the basis of the scale of contributions contained in Appendix II.
3. Member States are required to make contributions under the Mandatory Programmes (with the exception of MOP) up to 110 per cent when the Council makes a decision in this respect in accordance with Article 5.2 (c) ii.
4. Under the Optional Programmes, each participating Member State shall make an annual contribution to EUMETSAT on the basis of the scale of contributions set for each Programme.
5. When an optional program is not covered in its entirety within one year of its effective date in accordance with Article 3.2, participants are required to accept a new scale of contributions in which the deficit is redistributed on a pro rata basis, unless the participants agree differently unanimously.
6. All contributions are made in European Account Units (ECU) as defined by the Financial Regulations of the European Communities. Contributions to the METEOSAT Operational Programme can also be paid in convertible currency.
7. The terms and conditions for payment of contributions and the method of updating the statistics used as a basis for calculating the GNP are set out in the Regulations. Financial. »
Article 11.
Article 10 of the Convention becomes Article 11 and is amended as follows:
- the title is replaced by "Budgets"
- Paragraph 1^er is replaced by "budgets are established in ECU. »
- In paragraph 3, the term "annual budget" is replaced by "budgets".
- Paragraph 4 is replaced by the following:
“4. The Commission adopts, in accordance with Articles 5.2 (b) and 5.2 (c), the budgets of the IVIETEOSAT Operational Programme, the General Budget and the budgets of the Mandatory Programmes for each fiscal year, as well as the additional and corrigenda budgets. States participating in the Optional Programmes shall adopt the budgets of these Programs in accordance with Article 5.3 (b). »
-. In paragraph 5, the reference to the Commission is deleted and the term "budget" is replaced by "budgets". The beginning of the paragraph thus becomes the following: "The adoption of budgets includes...". Paragraph (a) , "budget" is also replaced by "budgets" and paragraph (b) "Director" by "Director General".
- In paragraph 6, the reference to the Board is deleted and "Director" is replaced by "Director General". The beginning of the paragraph thus becomes the following: "If a budget has not been decided at the beginning of a fiscal year, the Director General may, from appropriations to the corresponding budget..."
Paragraph 7 is replaced as follows:
« 7. Each month, on an interim basis, Member States shall pay in accordance with the agreed scales of contributions for each of the Programmes, the amounts necessary to ensure the application of paragraph 6 of this Article. »
Article 12.
Article 11 of the Convention becomes Article 12 and is amended as follows:
- Paragraph 1^er, "budget" is replaced by "budgets";
- In paragraph 2, "Director" is replaced by "Director General".
Article 13.
Article 12 of the Convention becomes Article 13.
Article 14.
Article 13 of the Convention becomes Article 14 and reads as follows:
“Article 14.
Implementing obligations
1. Any Member State that does not fulfil the obligations under this Convention shall cease to be a member of EUMETSAT if the Council so decides, in accordance with Article 5.2 (b), the State concerned shall not participate in the voting on this item. The decision shall take effect on a date determined by the Commission.
2. When a Member State is excluded from the Convention, the scales of contributions to the General Budget and the Mandatory Programs are adjusted in accordance with Article 10.2. Under the Optional Programmes, the participating States shall decide on any adjustments to the scales of contributions following the exclusion of the said State from an Optional Programme, in accordance with the provisions of the Declaration of Programme. »
Article 15.
Article 14 of the Convention becomes Article 15.
Article 16.
Article 15 of the Convention becomes Article 16 and is amended as follows:
- In paragraph 3, "Director" is replaced by "Director General";
- Two new paragraphs 5 and 6 are introduced:
« 5. Membership in the EUMETSAT Convention entails a minimum participation in the General Budget and all Mandatory Programs. Participation in an optional programme is subject to a decision of the States participating in the Programme concerned in accordance with Article 5.3 (c). Any State that becomes a party to the Convention shall make a special payment in respect of the investments already made for the mandatory and optional programmes to which that State participates. The amount of this payment is set in accordance with Article 5.2 (a) i. for Mandatory Programs and Article 5.3 (c) for Optional Programs.
6. When a Member State adheres to the Convention, the scales of contributions to the General Budget and the Mandatory Programs are adjusted by the Council. Under the Optional Programmes, participating States. decide on any adjustments to the scales of contributions following the accession of that State to an optional programme. »
Article 17.
Article 16 of the Convention becomes Article 17 and is amended as follows:
- In paragraph 1, the Article to which reference is made is no longer Article 15.2 but 16.2.
- Paragraph 5 is deleted.
Article 18
Article 17 of the Convention becomes Article 18 and is amended as follows:
- In paragraph 1, "Director" is replaced by "Director General". On the other hand, the Article to which reference is made is no longer Article 5.2 (c) but 5.2 (d) v.
- The beginning of paragraph 3 is deleted. This paragraph therefore begins with "The Council may, by decision taken in accordance with Article 5.2 (a) ,..." .
Article 19.
Article 18 of the Convention becomes Article 19 and reads as follows:
“Article 19.
Denunciation
1. Upon the expiration of a period of six years from the date of its entry into force, this Convention may be denounced by any Member State by a notification to the depositary of the Convention of its intention not to participate in the General Budget or in the Mandatory and Optional Programmes. For the General Budget, the denunciation takes effect at the end of the five-year period for which the financial ceiling was determined. For mandatory or optional programmes, denunciation shall take effect upon the expiration of the programmes to which the State concerned participates.
2. The State concerned retains the rights it acquired on the date of the taking of effect of the denunciation under the various Programs to which it participated.
3. If a Member State ceases to be a party to the Convention, an adjustment to the scale of contributions to the General Budget shall be made in accordance with Article 10.2 for the five-year period following that in which the said State has denounced the Convention. »
Article 20.
Article 19 of the Convention becomes Article 20 and is amended as follows:
- paragraph 2 is replaced by the following:
“2. Unless otherwise decided by the Council, EUMETSAT shall be dissolved if, following the denunciation of this Convention by one or more Member States in accordance with Article 19.1, or following the exclusion of a Member State in accordance with Article 14.1, the contributions of each of the other Member States to the General Budget and the Mandatory Programmes shall be increased by more than one fifth.
The decision to dissolve EUMETSAT is taken by the Council in accordance with Article 5.2 (a), a Member State having denounced the Convention or having been excluded from voting in that case. »
Article 21.
Article 20 of the Convention becomes Article 21 and is amended as follows:
- In paragraph (c), the reference to Article 16 is replaced by a reference to Article 17.
Article 22.
Article 21 of the Convention becomes Article 22 and is replaced by the following text:
“Article 22. Registration
Upon the entry into force of this Convention and of any amendment to this Convention, the depositary shall register them with the Secretary General of the United Nations, in accordance with Article 102 of the Charter of the United Nations. »
Article 23.
1. The Convention and this Protocol shall constitute one and the same instrument which shall be referred to as the Convention establishing a European Organization for the Exploration of Meteorological Satellites (EUMETSAT)".
2. Annexes I and II of the Convention, including the description of the system and the financial provisions relating to the Operational METEOSAT Program (MOP) remain in force until the expiry of the Program at the end of 1995.
Upon expiry of the MOP Programme, the Annexes will be considered repealed without having to resort to a decision of the EUMETSAT Member States.
In the future, no new Annex to the Convention will be established.
3. The amendment will come into force in accordance with Article 17.2 of the EUMETSAT Convention.

The Protocol, adopted at Darmstadt on 5 June 1991 by the Council of EUMETSAT, amending the Convention establishing the European Organization for the Exploitation of Meteorological Satellites (EUMETSAT) of 24 May 1983
List of related States
For the consultation of the table, see image
This Treaty entered into force on 19 November 2000.