Rs 0.425.12 Arrangement Of 21 September 1973 Between Some European Governments And The European Organisation For Space Research Concerning The Execution Of The Ariane Launcher Programme (With Annexes A And B)

Original Language Title: RS 0.425.12 Arrangement du 21 septembre 1973 entre certains Gouvernements européens et l’Organisation Européenne de Recherches Spatiales concernant l’exécution du programme de lanceur ARIANE (avec annexes A et B)

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0.425.12 original text Arrangement between some European Governments and the European Organization of spatial research concerning the execution of the program launcher ARIANE concluded in Neuilly-sur-Seine on September 21, 1973, approved by the Federal Assembly on 25 September 1974 Instrument of ratification deposited on 29 April 1975 by the Switzerland entered into force for the Switzerland on 29 April 1975 preamble the Governments of the States members of the European Space Conference signatories to this agreement (hereinafter referred to as "the Participants") and the European Organisation of Space research established by the Convention opened for signature on June 14, 1962 (hereinafter referred to as respectively 'the organization' and 'the Convention'), recalling the Resolution taken by the European Space Conference (SSC) December 20, 1972, by which the ESC gives its agreement in principle to either undertaken, pursued and managed within a common European framework project of a launcher proposed by the Government of the french as a result of the abandonment of the project EUROPA III and taking into account the decisions taken by the Conference European space at its meeting of 31 July 1973, considering that the European Space Agency referred to in the Resolution (hereinafter referred to as ' the Agency ') is designed to provide the European common framework of this entrusted program, on a transitional basis, to the Organization, whereas the interest represents for Europe the availability, at the beginning of the 1980s, capacity clean and economically competitive orbit satellites, including applications satellites Whereas the advantage. for European States to maintain the competence gained in the field of launchers and use space technology existing in those States, given the folder summary dated April 15, 1973, submitted by the french government Ministers of the ESC, having regard to the statement dated August 1, 1973 made by representatives to the Council of the Organization of the above-mentioned Governments (ESRO, C, LIX, Dec. 1) , Having regard to the Resolution of the Council of the Organisation at its 59 session on the acceptance of the application for the implementation of this program in the context of the Organization, pending the establishment of the European Space Agency (ESRO/C/LIX/Res.. 1), have agreed as follows: article I Participants commit themselves to undertake, under the conditions laid down in this agreement, the first phase of a programme, aimed at development, including the qualification, a satellite launcher called ARIANE. This marker is intended to be placed on the order of 1500 kg payload transfer orbit and allows, by the use of suitable climax engine, geostationary orbit of satellites in the range of 750 kg. The program includes a second phase that shall be used for the production of this marker, and that will be decided later.

S. II 1. The development phase of the programme referred to in article 1 shall be executed in the context of the Agency referred to in the Resolution of the ESC of December 20, 1972. Pending the constitution of the said Agency, this phase is undertaken in the context of the Organization, in accordance with the provisions contained in the Annexes to this agreement.
2. unless otherwise stipulated by this Arrangement, or agreement referred to the by. 3 below, this phase of the programme is executed in accordance with the rules and procedures applicable to the organization.
3. the Participants entrusted, through the Organization, at the Centre National d'Etudes Spatiales (CNES), french public institution, and designated by the french government, the implementation of the first phase of the programme referred to in article 1 and shall assign control of its implementation, on their behalf, to the organization. The Organization and the CNES conclude an agreement defining the modalities of their cooperation for the fulfilment of the objectives of this Arrangement.

S. III 1. The objectives of the programme mentioned in article 1, the description of the launcher and the description of the development phase of the program are contained in Appendix A to this Arrangement. The decision to move to the production phase of the program will be taken in accordance with the provisions of art. (V) below.
2. the phase of definition of the development phase of the program is designed to establish detailed specifications of the Launcher on the technical basis of the annex to this agreement, to establish a detailed development plan, dividing up the work in the industry and auster the financial contribution of each Participant in the program in accordance with the procedure set out in art. X of this agreement.
3. the elements of the detailed analysis mentioned in the by. 2 of the present article will help drive the development phase. It will end when pronounced the qualification of the launcher at the end of the flight test.

S. IV 1. A Board Director of program, composed of representatives of the Participants, assumes responsibility for the program and makes all decisions concerning it, in accordance with the provisions of this agreement.
2. for problems affecting this program and another program of the Organization, the Steering Council program plays the role of advisory body to the Council of the Organization to which he presents all the necessary recommendations.
3. the Steering Board's program takes all decisions concerning the programme in accordance with the provisions of this agreement and in particular: a. He controls the running program and in particular the development phase defined by the development plan, on the basis of reports which are prepared by CNES and that submitted by the Director-General of the Organization; b. it controls the overall performance of the launcher and the provisions of quality assurance place by CNES and specific to the programme, on the basis of reports which are prepared by CNES and him are presented by the Director-General of the Organization; c. it is kept informed of the distribution of work between the various Participants and is, where appropriate, during the implementation of the development phase of the program, approved use of a Participant with regard to the choice of industrialists carried out by CNES; d. Approves the report of qualification Launcher flight submitted by CNES; e. he decided the conditions for participation in this phase of the programme to non-Member States of the Organization, in accordance with the provisions of art. XVII, by. 2 of this Arrangement; f. it ensures that the Organization establish effective coordination with the potential users of the launcher and defines the interface between the launcher and the payload specifications.

4. the Steering Council of programme can create advisory bodies which considers it necessary to accomplish its mission.
5. unless otherwise provided in this agreement, decisions of the Board of Directors of programme are taken by a simple majority of the Participants.

S. (V) 1. Director program sets the elements necessary to the decision of the Participants to the production phase of the program. Those participants who expressed interest to participate in the production phase concluded a new Arrangement defining the content of this phase, the financial terms of its execution as well as the allocation of the work that they will maintain as far as possible identical to that defined for the development phase.
2. the Participants strive to maintain available during the production phase, during the development phase of industrial means, and whether or not they participate in the new Arrangement, will not be obstacle to the use of these means.

S. VII 1. The expenditure arising from the implementation of the development phase of the programme under the terms of this agreement are supported by the Participants in accordance with the provisions laid down in Annex B to this agreement.
2. the Participants agree to contribute, on the basis of a firm financial cover of 380.391.165 units of account: a. such direct costs as defined in Appendix B, by. 1 (a) of this Arrangement relating to the phase of development of the programme, on the basis of a amount of 2.060 million french francs and representative 370.891.165 units of account, according to the conversion rate in force on 1 January 1973 (a unit of account representative 5,55419 french francs); b. internal expenditure of the organization referred to in Annex B, by. 1 b of this agreement amounting to 2,500,000 units of account; etc. to expenses resulting from the maintenance of specific installations that would be created or placed at the disposal of the Organization for the implementation of the programme under the conditions referred to in article XII, by. 2 of this Arrangement, on the basis of an amount of 7,000,000 units of account.

The cost of the project and technical support of CNES staff team are supported by the french government.
3. the Participants contribute to the mentioned expenses to the by. 2 above, according to the scales of contributions set out in Annex B to this agreement, and subject provisions contained in art. VII. Accordingly, in the case of application of the provisions of art. VII, by. 2, towards the expenditure referred to the by. 2 (a) above, the total commitment of the Participants would amount to 454.569.398 units of account, notwithstanding the provisions of art. VII, by. 1 and 2 b below.

4. the annual budgets for the development phase of the program are approved at the majority of two-thirds of the Participants, representing at least two-thirds of the vote weight mentioned in the by. 2.3 of Annex B, by the Governing Council of program inside the closed financial envelope referred to the by. 2 of the present article. The Participants undertake to put the funds necessary for the implementation of the programme at the disposal of the organization according to the procedures and the timetable set out in Annex B of this agreement; an update of this schedule will be presented annually to the Steering Council of programme at the same time as the budget.

S. VII 1. Unless otherwise provided for in Annex B, by. 2.4 of this agreement, Participants agree that, in order to allow the revision of the amounts mentioned in art. VL, by. 2, in the case of changes in the price level: a. apply to the contribution of each Participant to direct expenses referred to in art. VL, by. 2 (a) of the formulas of revision using its appropriate national indices selected by the Organization; ETB. to apply to the contribution of each Participant to the expenditure referred to in art. VL, by. 2 b and c normal rules in the organization.

2. If, in the opinion of the Director Council of program, the amount of direct expenditure referred to in art. VL, by. 1a must be revised for other reasons that a change in the price level, the following provisions shall apply: a. to the extent that no additional expenditures greater than 20% of this amount, possibly revised in accordance with the provisions of by. 1 above, Participants are required to contribute to a degree proportionate to their contribution established in Annex B to the present Arrangement.b. More than 20% of that amount additional expenses shall be borne by the french government insofar as they do not exceed 35% .c. No Participant may withdraw from the program as long as play the provisions of paragraph a and al. (b) the present paragraphe.d. When additional expenditures exceed 35%. the amount of direct expenditure referred to in art. VI, by. 2A, any revised in accordance with the provisions of by. 1 above, or in fact, either according to forecasts accepted by the Director Council of programme, above french government bond cease and Participants shall cooperate on the follow-up to the programme.e. The french government will reconsider maintaining the commitment referred to in paragraph (b) above where the funds necessary for the implementation of the programme could no longer be put at its disposal by the organization because of the failure of one or several Participants.

S. VIII intellectual property rights and access to technical information arising from the implementation of the development phase of the programme are reserved for Participants; However, the Organization has the right to use them free of charge to all of its programs.

S. IX 1. Participants, through the Organization, put at the disposal of CNES commitment and payment appropriations necessary for the performance of the phase of development of the programme, in accordance with the budget approved by the Board of Directors of programme and the provisions of by. 2.4 of Annex B to this agreement.
2. the contributions of the Participants will be called by the Organization on the basis of its rules in force and in accordance with the provisions contained in Annex B to this agreement.

S. X 1. CNES contracts necessary for the implementation of the development phase of the program. When procurement contracts and subcontracts for the fulfilment of that phase, the preference is given to the performance of the work in the first place on the territory of the Participants and in the second place on the territories of other States members of the organization or subsequently by the Agency.
2. the CNES submits to the governing programme, before the completion of the definition phase, the distribution of work corresponding to contributions to the by. 2.1 of Annex B. This distribution aims work offering a certain technological interest, according to the definition accepted by the Director Council of programme and represent eighty per cent of the amount of direct expenditure mentioned in art. VI, by. 2(a) above.
3. the CNES confided to industry Participants to contracts with a value proportional to the contribution of the Participants in the amount of the defined work above. If this goal could not be achieved with respect to one or several Participants, it would be conducted, prior to the completion of step's definition, a proportional reduction of contributions (or) Participant (s) (s) concerned. If the result is a lack of financing of the development phase, the french government is responsible for this funding.
With regard to additional expenditures referred to in art. VII, by. 2A, CNES will endeavour, in the award of contracts, considering the specific nature of the work, the difficulty of applying the same rules of geographical distribution and the need to ensure a smooth running of the development phase, not to impair the just return of Participants to arrive at a division of work as fair as possible.
4. the contracts corresponding to work with less technological interest, such as infrastructure works or supplies of consumables, are awarded on a competitive basis. To this end, CNES address tenders to firms whose names have been indicated by the Participants.
5. contracts for work on the territory of a State not member of the Organization are not into account in the calculation of geographical distribution of contracts between the Patricipants.
6. the contractual provisions are based on the regulations and procedures in force at the CNES. However, the organization defines the content of the clauses guaranteeing respect for the application of the art. VIII and XII of the present agreement.
7. the Participants take all measures to ensure the exemption of contracts under the present Arrangement of tax and customs charges, in accordance with the provisions of the Protocol on the Privileges and immunities of the Organization, or where appropriate, reimbursement of the charges.

[RO 1970 903, 1972 1744]. Currently "in accordance with Annex 1 of the conv. of May 30, 1975, on the establishment of a European Space Agency' (RS 0.425.09).

S. XI. the french government is guarantor of the payment amounts: a. which would be paid for the benefit of the programme under the title "Other revenues" by a Member State of the Organisation not signatory to this agreement and with which it would have concluded a bilateral agreement compatible with the provisions of this agreement, for the purposes of the execution of some of the work of the development phase of the programme; b. under the heading "Other States" in the table of Annex B , by. 2, also long that these sums are not covered otherwise.

A bilateral agreement as mentioned in paragraph a above cannot in any event create obligations against other Participants in the program.
However, for the purposes of the provisions of by. 1 of art. X of this agreement, such a State member of the Organization shall be considered a Participant in the development phase of the program.

S. XII 1. The Organization, acting on behalf of the Participants, is owner of the elements of the Ariane, facilities and equipment acquired for its realization, and the launch facilities carried out under the programme.
2. the Participants owners of facilities that may be used for the purposes of the ARIANE programme undertake to put at the disposal of the said program to financial conditions limited to expenses incurred thereby.
3. elements, installations and equipment referred to the by. 1 of this article, are made available Participants acting under their own programme or a programme of the organization insofar as their use for the purposes of the ARIANE programme allows. In these circumstances, fees requested for this use does not include the depreciation of these assets. Programme Governing Council lays down the conditions y related.
4. the organization may make such goods available from third parties not referred to in paragraph 3 of this article, insofar as their use for the purposes of the ARIANE programme and for the needs of the Participants permitted, and under financial conditions that will be set by the Director Council of programme.
5. assignment of the elements, installations and equipment acquired is decided by the Director Council of programme in consultation with the Council of the organization.

S. XIII 1. The ARIANE Launcher, when it will be declared operational, will be put at the disposal of the Organization and the Participants for their own needs, according to a decision of the Participants taken through, either program director Council, or of such a body would be established in the context of the Agency referred to in art. II, and according to the provisions of the new Arrangement mentioned in art. V, by. 1 facilities owned by the french government to the achievement of the launches will be also made available to the Organization and the Participants, in accordance with the conditions mentioned in art. XII, by. 2 above.

2. the decision on the conditions of the flight of the ARIANE Launcher models can be made available to third States or international organisations, for peaceful purposes, as well as those that launches will be carried out on behalf of these States and organizations will be taken at the majority of two-thirds of the Participants, subject to the provisions of the new Arrangement mentioned in art. V, by. 1 3. The provisions contained in the by. 1 and 2 of this article shall also apply to the provision of elements, subassemblies and components made in respect of the development phase of the program.

S. XIV 1. Participants compensate the Organization for any obligation it has to incur if its international responsibility is engaged because of the implementation of the development phase of the program.
2. any repairs for damage received by the Organisation for the development phase of the program is carried recipe to the annual budgets of the program mentioned in the by. 4 of art. VL.

S. XV 1. Any dispute between two or more Participants or between one or more Participants and the Organization concerning the interpretation or application of the agreement, which cannot be settled amicably, is submitted, at the request of one of the parties to the dispute to a single arbitrator who shall be appointed by the President of the International Court of Justice. The arbitrator cannot be a national of a State party to the dispute or have permanent residence in this State.
2. the Parties to the agreement that are not parties to the dispute have the right to take part in the proceedings, and the decision of the arbitrator is binding to all Participants and the Organization, whether they have taken part in the proceeding.

S. XVI 1. This agreement is open for signature by the Member States of the European Space Conference from October 15, 1973 until November 30, 1973.
2. States become parties to the agreement: - either by the signature without reservation of ratification or approval, - or by the deposit of an instrument of ratification or approval, to the Government of the French Republic, if the agreement has been signed subject to ratification or approval.

3 this agreement enter into force when it has been signed by the Organization and the States whose participation amounts to 79% of the total voting weights mentioned in the by. 2.3 Annex b have become parties to the agreement to the terms of by. 2 of the present article.
4. for the purposes of by. 3 of this article, the deposit with the Depositary Government of a statement notifying the intention to apply the Agreement provisionally and to seek to obtain, as soon as possible, the ratification or approval, is considered to be the deposit of an instrument of ratification or approval.
5. the Government of a Member State of the Organisation which has not signed the agreement at the date of 30 November 1973 after this date may become party to the agreement, provided that other Governments party to the agreement give their approval. In this case the Government concerned must deposit an instrument of accession with the Government of the French Republic; It can also make application of the provisions mentioned in the by. 4 of this article, for the purpose of becoming a party to this agreement. Program Director Council determines unanimously the conditions of participation of the acceding State.

S. XVII 1. The Government of a State not member of the organization may apply to the Council of the Organization for membership in the program.
2. the Steering Board's program shall act unanimously on the admissibility of the application which is then, where appropriate, subject to the Council, which decides unanimously. Program Director Council determines unanimously the conditions of participation of the acceding State.

S. XVIII. Participants may decide unanimously to terminate the program. In this case a priority of acquisition of the facilities and equipment acquired in respect of the implementation of the development phase of this program would be given to the Participant who would commit to continue on its own account this program or a nearby program.

S. XIX. the Organization shall inform the Depositary Government of the completion of this agreement. It gives notification to Participants.

S. XX 1. If a participant wishes to withdraw from the development phase of the programme pursuant to art. VII, by. 2, it shall notify the organization. This withdrawal shall take effect on the date of the notification subject to the following provisions: a. the Participant who retires is liable to pay the agreed manner the amount of its contributions to the title of the current annual budget or budgets anterieurs.b. The Participant who retires remains obliged to contribute its share of the payment appropriations corresponding to the commitment appropriations voted and used in respect of the budget for the current or prior and relative to the phase of developpement.c years. The Participant who retires remains a member of the Board of Directors of program until the fulfilment of its obligations as referred in a and b above. It has a right to vote on issues that are directly related to these obligations.

2. the Participant who retires retains the rights acquired up to the effective date of its withdrawal. For the actions and achievements decided after its withdrawal, no right or obligation relating to the Participant cannot rise part of the program to which it contributes more, at least that it unless otherwise agreed between him and the other Participants. The provisions of art. XVIII of the Convention of the Organization shall apply mutatis mutandis.
3. If a State not member of the organization which has acceded to the program under the provisions of art. XVII of this agreement withdrew from the program, the provisions of this article shall apply mutatis mutandis.

Currently "of art. XXIV.

S. XXI. the Annexes A and B to this agreement form an integral part.

S. XXII 1. This agreement may be revised at the request of a Participant or the organization. Amendments shall enter into force when all parties notified their acceptance to the Depositary Government.
2. the Annexes to this agreement may be revised by the Governing Council of the programme in accordance with the provisions of the terms of revision of these Annexes.

S. XXIII from the entry into force of the agreement, the Government of the French Republic will do so register with the Secretariat of the United Nations, in accordance with art. 102 of the Charter of the United Nations.

S. (XXIV) the Government of the French Republic is the depositary of this agreement and shall notify the Participants and the Organization date of entry into force of the agreement and the amendments thereto, as well as deposits of instruments of ratification, approval, accession, and provisional application of the agreement.
In witness whereof, the representatives undersigned, duly authorized thereto, have signed this agreement.
Made in Neuilly-sur-Seine, the twenty-one September one thousand nine hundred and seventy-three, in the languages German, English and French, the three texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the French Republic, which in will issue certified copies to each of the Participants and the organization.
(Follow signatures)

Appendix A 1. Objectives of the programme the programme ARIANE has two main objectives: 1.1 the first objective is to provide in Europe in the early 1980s with a capacity of orbit of geostationary satellites developed under the programmes of the Organization and the States Europeans.

The ARIANE Launcher will be able to put in orbit the transfer of payloads in the order of 1500 kg, which, by the use of suitable climax engine, in geostationary orbit of satellites in the range of 750 kg.

It is a potential market represented mainly by the 35-50 400 to 700-800 kg geostationary satellites that provide European studies for the next decade; European satellites, European satellites parts of a global system, satellites for purposes of third parties.

The ARIANE Launcher is intended to start, if the objective mentioned in the by. 1.2 below is reached, the satellites developed programmes of the Organisation or of the Member States and including the launch will take place after November 1, 1970.

1.2 the second objective is to identify the launcher and to organise its production so as to obtain an economically competitive cost of production.

The cost of production of a launch vehicle is estimated at 51 million francs french (excluding tax to the economic conditions of 1 January 1973) in the case of a rate of two launchers per year and a reasonable grouping of commands launched.

At this price must be added costs transport in Guyana, the propellant and the launch crew for an estimated total of 12 million french francs to the same conditions as above.

Share of the cost of maintenance of the Guiana Space Center, attributed to the cost of a launcher launch, which could be added to the previous costs, will be the subject of a separate arrangement.

2. description of the Ariane launcher is a vehicle which consists of three floors. It measures 47.60 meters in height and weighs 202 tonnes at take-off.

The first floor «L140», 3.80 metres in diameter, contains 140 tons of propellant (N O and UDMH) stored in two identical tanks, separated and pressurized by hot gases from engines. They are made of steel while binding structures are in light alloy. It is powered by a consortium of four engines 'VIKING 2' turbopump and divergent single wall cooled by film. The total thrust is 240 tons and the burning time of 150 seconds.
The second floor "L 33", 2.60 meters diameter, carries 33 tons of the same propellants in two common bottomed intermediate tanks in light alloy. The propellants are pressurized by helium stored under high pressure. It is equipped with a 'VIKING 4' engine derived from the VIKING 2 by adjustment of the nozzle to the operation in a vacuum.
The third floor 'H 8', identical to the "L 33" diameter, carries 8 tonnes of liquid hydrogen and liquid oxygen in two tanks bottomed intermediate common, thermally protected external insulation. These tanks are made of a light alloy specially chosen for its resistance to low temperatures. The same material was chosen for "L 33", whose tanks are very nearby geometry.
These tanks are pressurized. The floor is powered by a 'HM 7' of 6 tonnes of boost.
The floors separations are performed by chalk cutting and removal is obtained by rockets braking (lower floor) and acceleration (upper floor).
Box equipment, located above the third floor, centralized functions of navigation, guidance and sequences with the help of a calculator.
It also carries telemetry equipment, remote control, trajectography, destruction, as well as the inertial.
The CAP has a bulb-shaped to accommodate predictable satellites. It guarantees the payload a useful diameter of 3-meter on a height of 4 meters.
Orbit occurs through direct injection, without intermediate ballistic phase, 200 km of altitude.

3 phase of development phase of development includes a definition phase and development properly said.
3.1 definition phase commenced on July 1, 1973 and ending on December 31, 1973. The first quarter of this stage is devoted to detailed studies of the system and its subsets as well as to the development of detailed procedures for the management of the programme.
The documentation consists mainly: - a document laying down the Organization industrial; - a document laying down the procedure for project control for contracts and subcontracts (rules of hotel of the technical provisions, the technical chart, procedures for the control of costs and deadlines); - a document laying down the procedure for the configuration management of the Launcher (rules for the establishment and maintenance of the technical specifications of its elements and the launcher); - a document laying down the procedure for establishing and control of the technical documentation and laying down the stages of the development and definition of the Launcher reviews; - a document laying down the procedure for product assurance (quality and reliability of the launcher control); - the technical specifications themselves.

This part of the work is reviewed and approved by the CNES on October 1, 1973. Q2-definition phase was essentially devoted to the negotiation of development contracts and the final choice of contractors.
In parallel with this activity continues a number of pre-development or investment on the critical elements work. the development phase.
3.2 development takes place over seven years and includes three periods:-a period for about three years and includes the development and qualification of the elements of the floors (engines, structure, equipment); This period also includes the realization of investments (testing of floor benches, buildings for the integration of the launcher and launch site) and the execution of the dynamic tests of the Launcher; - a period for about a year and a half for the development and qualification of the floors as well as receipt of the integration of the launcher and launch facilities; - a period of test flights for two years and a half with the preparation and execution of four flight test the pitcher whose two trials of development and two qualifying.

Previous periods assume that this agreement enter into force no later than 30 November 1973 and that funding is consistent with the conditions set out in Appendix B. 3.3 payload the Participants have an option for the financing of the work of development of the payload for the test of the launch vehicle flights.

4. production phase the Launcher production phase must be launched two and a half years before the start of the phase of operational use of the vehicle, or mid year 1978. The bundling of orders, as well as the rate of launch will be decisive elements of the cost and quality of the Launcher. Details of the production phase will be defined in the new Arrangement mentioned in art. V, by. 1 of this agreement.

5 review clause the provisions of this annex may be revised by unanimous decision of the Board of Directors of program.

State November 5, 1999 Appendix B 1. Program cost the total cost of the ARIANE programme covered by this Arrangement, in accordance with art. VI, by. 2, includes the following elements expressed duty-free to the economic conditions in force on January 1, 1973: (in units of account) a. direct expenditures for the development phase of the program for which the following estimates have been established (in millions of french francs): - floors and integration of the complete vehicle 1586 - ground and flight 334 - 140 2060 MF launch site planning representative units of account at the conversion rate in force the 1 January 1973 (i.e. a unit of account equal to 5,55419 FF) 370 891 165 b. internal expenses of the organization which are estimated at 2 500 000 c. expenditures for specific installations that would be created or made available to the Organization for the implementation of the programme and which are estimated at 7 000 000 Total 380 391 165 d margin of hazard established for the position (a) above , pursuant to art. VII, by. 2 (a) of the agreement 74 178 233 Total constituting the global involvement of such Participants mentioned in the art. VI and VII of the Arrangement 454 569 398 2. Contributions 2.1 scales of contributions expressed in national currencies related to the closed financial envelope mentioned in the by. 2 of art. VI of the Arrangement (see table at the end of Appendix B) each Participant contributes in its national currency in direct expenditures for the development phase of the programme for the amounts specified in column (2) of the table below. In the case of the application of art. VII, by. 2A additional expenditures to which Participants are required to contribute in national currencies are included in column (6) of the table below.
Each Participant contributes to internal organization expenses and expenditures for facilities, for the amounts expressed in units of account mentioned in the table below the rate and according to the procedures in force in the organization.
2.2 timing of direct expenditures for the development phase of the program schedule of commitments and payments, based on a start of the development phase of the program to the l July 1973 is the following: commitments payments 1973 100 30 1974 300 180 1975 360 280 1976 360 330 1977 350 330 1978 330 330 1979 200 320 1980 60 260 Total 2060 2060 figures are expressed in millions of french francs at the level of prices from January 1 1973 2.3 weight of vote for the purposes of the provisions of the art. VL, by. 4 and XVI, by. 3 of the agreement and by. 5 of this annex the following voting weights are taken into account: States participants weight of vote Federal Republic of Germany 20.12 Belgium 5.00 Denmark 0.50 Spain 2.00 France 62.50 Italy 1.74 Netherlands 2.00 Sweden 1.10 Switzerland 1.20 other States 1.37 * other income of art. XI 1 ' Arrangement 2.47 * * weight of vote attributed to the France until play the provisions of art. XI, by. (b) of the agreement.

* Weight of vote attributed to the France.

2.4 updating of contributions to take into account variations in the level of prices, national contributions to direct expenditures are revised annually by application to the callable remaining amount of the percentage of price changes have occurred during the previous 12 months in the country concerned. The first revision of the amount of direct expenditure will be established at the level of the prices in force on June 30, 1973. Contributions to internal organization expenses and maintenance fees are revised in accordance with the rules in force in the organization.
By way of derogation from the rule above, the contribution to the development phase of the program:

a. of the Federal Republic of Germany will be a single revision, by applying to the amount remaining due, effective January 1, 1978, the percentage of changes in Federal Republic of Germany four years previous, in accordance with the rules of the Organization; b. of the Italian Republic will be a single revision by applying to the amount remaining due, effective January 1, 1978 the percentage of changes have occurred in Italy since January 1, 1973, in accordance with the rules of the organization.

2.5 payment of contributions subject to the provisions hereinafter mentioned, each Participant contributes annually to the expenditure arising from the implementation of the development phase of the programme under the terms of this Arrangement, on the basis of its commitment expressed in the tables above. The volume of the commitment made by each of the Participants with regard to direct expenditures for the development phase as expressed in its national currency is not affected by possible parity changes that may occur in the course of the program. Each Participant can be called to make contributions in anticipation to actually planned spending. The amounts paid are recorded in an account bearing interest at the benefit of the program.
The volume of the commitment made by each of the Participants with regard to the mentioned expenses to the by. 1 b and c of this annex, and expressed in units of account, follows the rules of the Organization in matters of possible changes in the parity of currencies of Participants.
The Federal Republic of Germany undertakes to pay for eight years, to January 10 of each year, and as of January 10, 1974, a fixed contribution of DM 40 million. This contribution is reviewable only once under the provisions of by. 2.4 above.
In the case where the amounts mentioned in the by. 1 (d) of this annex are not totally necessary for the program, an amount in proportion to its contribution of the unspent balance would be either reimbursed to the Federal Republic of Germany, deducted from its contribution due for 1981.
The Italian Republic undertakes to pay, on January 10 of each year, and as of January 10, 1975, for the duration of the programme, a lump sum of ITL 5 billion non reviewable under the provisions of by. 2.4 above. This sum will be paid in the following manner: - 1975 833 000 000 - 1976 833 000 000 - 1977 834 000 000 (at the level of prices from January 1, 1973) - 1978 625 000 000 - 1979 625 000 000 - 1980 625 000 000 - 1981 625 000 000 (amounts revalued on 1 January 1978) in the case where the amounts mentioned in the by. 1 (d) of this annex are not totally necessary for the program, an amount in proportion to its contribution of the unspent balance would be either refunded to the Italian Republic, deducted from its contribution due for 1981.
Contributions are collected by the organization according to its usual rules. The latter defines with CNES procedures of transfer of funds that are necessary for the implementation of the programme.
If the funds are not made available to CNES in the conditions referred to in this paragraph, because of the failure of a Participant, the latter bear, in accordance with the rules of the Organization, financial charges resulting.

3. reports of the Organization on the contractual and financial status, the Director General of the organization takes the necessary measures in conjunction with CNES, for the presentation of reports on the State of progress, on the geographical distribution of the work on the appeals of contribution, the quarterly and annual accounts and the last evaluation of the costs for the completion of the program.

4 financial rules to observe the Director-General of the Organization shall submit to the Director Council of programme an annual budget, including based on elements provided by the CNES in relation to direct expenditure. The proposed budget includes the overall amounts of commitment appropriations and payment appropriations which must be approved by the Director Council of programme before the opening of the fiscal year. Detailed budgetary information will be provided in a separate financial plan.

5 review clause the provisions of by. 1 and 2 of this annex may be revised by unanimous decision of the Board of Directors of program. The provisions of by. 3 and 4 of this annex may be revised by the governing program to the two-thirds majority representing at least two-thirds of the vote weight mentioned in the by. 2.3 above.

States participants Contributions to direct spending of the development phase (para. 1A) Contributions to internal expenses of the Organization (para. 1 (b)) Contributions to expenditure on facilities (para. 1 (c)) Sub-total contributions additional costs likely to be incurred including under art. VII by. 2A commitments ceilings * pursuant to art. VII, by. 2A UC currency national UC currency national UC currency national UC currency national UC currency national UC currency national (1) (2) (3) (4) (5) = (2) + (3) + (4) (6) (7) = (5) (6) Republic Federal of Germany 74 626 222 261 095 509 503 000 1 759 851 1 408 400 4 927 583 76 537 622 267 782 943 14 924 660 52 217 057 91 462 282 320 000 000 Belgium 18 544 558 902 327 195 125 000 6 082 156 350 000 17 030 038 19 019 558 925 439 389 3 708 912 180 465 458 22 728 470 1 105 904 847 Denmark 1 854 456 14 053 587 12 500 94 729 35 000 265 240 1 901 956 14 413 556 370 891 2 810 716 2 272 847 17 224 272 Spain 7 417 823 519 247 610 50 000 3 500 000 140 000 9 800 000 7 607 823 532 547 610 1 483 565 103 849 550 9 091 388 636 397 160 France 231 806 978 1 287 499 999 1 562 500 8 678 422 4 375 000 24 299 581 237 744 478 1 320 478 002 46 361 396 257 500 002 284 105 874 1 577 978 004 * Italy 6 463 972 4 080 804 277 43 500 27 462 216 121 800 76 894 205 6 629 272 4 185 160 698 1 290 701 814 839 302 7 919 973 5 000 000 000 Netherlands 7 417 823 26 131 284 50 000 176 139 140 000 493 188 7 607 823 26 800 611 1 483 565 5 226 258 9 091 388 32 026 869 Sweden 3 708 912 19 380 623 25 000 130 636 70 000 365 779 3 803 912 19 877 038 741 782 3 876 122 4 545 694 23 753 160 Switzerland 4 450 694

18 177 524 30 000 122 526 84 000 343 073 4 564 694 18 643 123 890 139 3 635 506 5 454 833 22 278 629 other States 5 416 579-36 750-102 900-5 556 229-1 090 420-6 646 649-other recipe * 9 183 148-61 750-172 900-9 417 798-1 832 202-11 250 000-Total 370 891 165-2 500 000-7 000 000-380 391 165-74 178 233-

454 569 398 - * other revenue received by the Organisation in accordance with art. XI of the agreement.

* Notwithstanding the application of the provisions of art. VII, by. 1 of the agreement.

Subject to the provisions of art. VII, by. 2 (b) of the agreement.

Field of application of the agreement on 1 July 1980 States parties Ratification Signature without reservation of ratification (if) accession (A) entered into force Federal Republic of Germany 14 November 1973 if 28 December 1973 Spain 28 May 1974 to 28 May 1974 France 28 December 1973 28 December 1973 Italy 27 October 1975 27 October 1975 Sweden 6 April 1976 6 April 1976 Switzerland 29 April 1975 29 April 1975 European space research 27 November 1973 Organisation if 28 December 1973

The Netherlands apply the Agreement provisionally.

State November 5, 1999

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