Key Benefits:
Original text
Preamble
The Governments of the Federal Republic of Germany, the Kingdom of Belgium, the Kingdom of Denmark, the French Republic, the Repul I Italian, the United Kingdom of Great Britain and Northern Ireland, the Kingdom of Sweden and the Swiss Confederation (hereinafter referred to as "the Participants"), Governments of the States Parties to the Convention establishing an Organis A European Space Research, open for signature in Paris on June 14, 1962 2 (hereinafter referred to as " the Convention)
And
The European Space Research Organisation (hereinafter referred to as "the Organisation"),
Vu The objectives developed by the World Meteorological Organization and the International Council of Scientific Unions concerning the development of meteorology within the framework of the World Meteorological Watch programme and the Global Atmosphere Research Program (GARP), which aims to improve the services of meteorological organizations through international coordination and use of advanced technologies, as well as the interest shown in European meteorological organisations for the participation of Europe in the implementation of these Objectives,
Desiring For this purpose to carry out a European programme on the design, development, construction, placing in orbit, management and control of a pre-operational satellite of meteorology, development and implementation. Associated ground facilities, and also to develop technology in this field in Europe.
Recognizing The interest in using with maximum efficiency all available resources and in particular the experience acquired in Europe in the field of meteorological satellites and taking into account in particular
The offer made by the Government of France to the Organization at the time of the E Session of the Council of the Organization,
Vu The Declaration of 9 May 1972 by the representatives of the Council of the Organization of the aforesaid Governments,
Vu The Resolution of the Council of the Organisation taken at its 47 E Session on the acceptance of the request for the implementation of the programme within the framework of the Organization,
Have agreed as follows:
The Participants undertake a programme designed to design, develop, build, orbit, manage and control a meteorological preoperational satellite (Meteosat), as well as development and implementation Place of associated ground installations, as defined in Annex A to this Agreement.
1. The Organization, pursuant to Art. VIII 1 Of the Convention, carries out the programme referred to in Art. 1 of this Agreement, in accordance with the timetable and the provisions of Annex A to this Agreement.
2. For the purposes of carrying out this programme, the Organisation makes use of the results of the studies undertaken previously in the framework of the French national programme, certain means and the staff provided by the Centre National d' Etudes Spatiales (hereinafter referred to as "CNES") of France. The terms and conditions under which CNES brings its competition, and according to which the Organization makes use of it, are determined by an Agreement to be concluded between the Organization and CNES.
1 Currently " art. IX.
1. A Programme Governing Council, composed of the representatives of the Participants, shall take responsibility for the programme and shall take all decisions concerning it, in accordance with the provisions of this Agreement.
2. For problems affecting more than one programme of the Organization, the Programme Governing Council acts as an advisory body to the Council of the Organization, to which it shall make any necessary recommendations.
3. The Program Steering Board is also responsible for maintaining close links with national and international meteorological agencies, and for defining the rules for the use of the system.
4. The Programme Governing Council may establish the advisory bodies that it considers necessary to ensure the proper implementation of the programme.
Except as otherwise provided in this Agreement, the decisions of the Program Governing Council referred to in s. 3 shall be taken in accordance with the Rules of Procedure of the Council of the Organization, which shall apply mutatis mutandis.
Except as otherwise provided in this Agreement, the Organization shall carry out the programme in accordance with the rules and procedures in force at the Organization. It shall consult with CNES, as appropriate, in areas where cooperation is provided for in the Agreement referred to in paragraph 1. 2 of the art. 2 of this Agreement.
The expenses resulting from the performance of the program by the Organization under this Arrangement shall be borne by the Participants, in accordance with the detailed provisions set out in Annex B to this Agreement, and within the limits An overall financial envelope of one hundred and fifteen million units of account (at the mid-1971 price level).
2. The annual budgets for the programme shall be approved by a two-thirds majority by the Programme Governing Council within the envelope referred to in par. 1 of this section or revised in accordance with s. 7.
The Participants agree, in order to permit the revision of the envelope referred to in the foregoing Article, in the event of a change in the price level, to apply the procedure in force to the Organization at that time.
2. If the envelope is to be revised for reasons other than a change in the price level, the following provisions shall apply:
Intellectual property rights and access to technical information resulting from the implementation of the programme shall be reserved for the Participants; however, the Organization shall have the right to use them free of charge for all its activities.
The Participants shall enable the Organization to conclude the contracts necessary for the implementation of the programme in accordance with the regulations and procedures of the Organization. However, during the award of contracts and sub-contracts for the implementation of the programme, preference shall be given, to the extent possible, to the execution of the work in the territory of the Participants, taking into consideration the decisions of the Council of the Organisation on industrial policy and distribution of work.
2. The sums paid by the Organization to the CNES for the costs of personnel put by it at the disposal of the Organization and the invoiced tests which it executes, are taken into account for the calculation of France's share of the Concerns the geographical distribution of the Organization's contracts.
The Organisation, acting on behalf of the Participants, is the owner of the satellite carried out under the programme, as well as the facilities and equipment acquired for its execution, up to the pre-operational phase included.
The Participants shall indemnify the Organization for any obligations it may incur if its international responsibility is incurred as a result of the implementation of the Programme.
2. Any compensation for damage received by the Organization under the programme shall be credited to the annual budgets of the programme referred to in par. 2 of the art. 6.
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, shall be submitted, at the request of one of the Parties to the dispute, to a single arbitrator appointed by the President of the International Court of Justice. The arbitrator may not be a national of a State party to the dispute.
(2) The parties to the Agreement which are not parties to the dispute shall have the right to take part in the proceedings, and the decision of the arbitrator shall be binding on all Participants and the Organization, whether or not they have taken part in the proceedings.
(1) This Agreement is open for signature by the Participants until September 30, 1972.
(2) States shall become party to the Agreement:
(3) This Agreement shall enter into force when it has been signed by the Organization and the States whose participation, in accordance with the scale set out in Annex B, amounts to two thirds of the total contributions, have become party to The Arrangement under s. 2 of this article.
4. For the purposes of s. 3 of this Article, the deposit with the depositary government of a declaration notifying the intention to apply the Agreement on a provisional basis and to seek to obtain, as soon as possible, the ratification or approval shall be regarded as the Deposit of an instrument of ratification or approval.
5. The Government of a Member State of the Organization that has not signed the Agreement as of September 30, 1972, may become party to the Agreement after its entry into force, provided that the other Governments party to the Agreement give effect Their accreditation. The Government concerned must deposit an instrument of accession with the Government of the French Republic.
6. Unless the Programme Governing Council decides otherwise unanimously, a Government which becomes a party to this Agreement after its entry into force shall pay a contribution equal to that which it would have paid had it been a party to the The Agreement as soon as it enters into force and this contribution shall be credited to the other Parties in the programme budget in proportion to their respective contributions.
The Government of a non-member State may submit to the Council of the Organization an application for membership of the Programme; the Council shall act unanimously on this request in agreement with the Programme Governing Council, which shall determine to Unanimity on the conditions of accession.
The Organization shall notify the Participants, after consultation with the Programme Governing Council, of the completion of the programme in accordance with the provisions of this Agreement, which shall expire upon receipt of such notification.
The Participants may decide to terminate the programme by a two-thirds majority of at least two-thirds of the contributions to the programme.
1. If a Participant wishes to withdraw from the program pursuant to s. 2 (b) of s. 7, it shall notify its withdrawal to the Organization. Such withdrawal shall take effect on the date of the notification, subject to the following provisions:
2. The withdrawing Participant retains acquired rights up to the date on which the withdrawal takes effect. For actions and achievements decided upon after withdrawal, no right or obligation relating to the withdrawing Participant may arise from the part of the programme to which he no longer contributes, unless otherwise agreed between him and Other Participants. The provisions of Art. XVII 1 Of the Convention of the Organization shall apply mutatis mutandis.
3. If a non-member State of the Organization which has acceded to the programme under the provisions of Art. 14 shall withdraw from the programme, the provisions of this Article shall apply mutatis mutandis.
1 Currently " art. XXIV ".
Annexes A and B to this Agreement shall form an integral part thereof.
(1) This Agreement may be revised at the request of a Participant or of the Organization. The amendments shall enter into force when all parties have notified their acceptance to the depositary Government.
2. The Annexes to this Agreement may be revised by the Programme Governing Council in accordance with the provisions of the revision clauses of these Annexes.
Upon entry into force of the Agreement, the Government of the French Republic shall register it with the Secretariat of the United Nations, in accordance with art. 102 of the United Nations Charter.
The Government of the French Republic is the depositary of this Agreement and notifies the Participants and the Organization of the date of entry into force of the Agreement and of the amendments to it, as well as the deposits of the instruments of Ratification, approval, accession and provisional application of the Agreement.
In witness whereof, The undersigned representatives, duly authorized to that effect, have signed this Agreement.
Done at Neuilly-sur-Seine this twelfth day of July one thousand nine hundred and seventy-twelve, in the English and French languages, the two texts being equally authentic, in a single copy which will be deposited in the archives of the Government of the Republic French, which will issue certified copies to each of the Participants and the Organization.
(Suivent signatures)
The programme provides for the design, development, construction, orbiting, management and control of a geostationary meteorological satellite (Meteosat), as well as the development and implementation of ground-based installations Associated. This system must be a contribution from Europe to the Global Atmosphere Research Programme (GARP) and the World Meteorological Organization's World Meteorological Watch; it must meet the community's own needs European weather in space.
The program covered by this Agreement is divided into two parts corresponding to the space sector and the terrien sector.
2.1 Space Sector
This part of the programme has the following basic elements:
2.2 Terrien Sector
This part of the programme consists of * 1 :
The indicative timetable for the programme is as follows:
The provisions of this Annex may be revised by unanimous decision of the Programme Steering Board.
Term |
SIGLE |
Primary Functions |
||
(1) |
Meteosat ground installations |
GFM |
Includes functions (2) to (5) |
|
(2) |
Data acquisition, remote control and tracking station |
DATTS |
Acquisition of data (weather and maintenance) Remote control |
|
(3) |
Operations Control Center |
OCC |
Space Vehicle Control and Operations |
|
(4) |
Centre for Referencing and Data Format |
DRCC |
Radiometric Data Phase Data Carroyage and Annotations Orbit and Orbit Calculations Final Formatting Data-images
|
|
(5) |
Information Retrieval Center |
MIEC |
Retrieving weather information
|
|
(6) |
Weather Terminal |
MT |
Equipment necessary for the GFM to interface with the global telecommunication system (GTS) link of the World Meteorological Watch (VMM) |
|
(7) |
Meteorological Centre |
MC |
Weather analysis by users |
|
(8) |
Primary Station for Data Use |
PDUS |
Receive and visualize data-images at full resolution in digital form Receive transmissions to the standard APT (in analog form) |
|
(9) |
Secondary Data Use Station |
SOWING |
Receive and view transmissions to the APT standard (in analog form) |
|
(10) |
Data Collection Platform |
DCP |
Collection of meteorological and related data |
|
1 * The terminology used is explained in the attached table.
2 * The Meteorological Satellite Program Steering Board, by decision of March 29, 1973, amended s. 2.2 (b) and 2.2 (c) and introduced a new one. 2.2 (d) referring to additional work.
The total financial envelope of 115 million units of account set out in subs. 1 of the art. 6 of this Arrangement is based on the following estimated figures:
(In million units at the mid-1971 price level) |
||||
(i) |
Definition Phase (PDP) |
3 |
||
(ii) |
Development of the satellite and the realization of two flight units and a spare parts set |
53 |
||
(iii) |
Satellite Launch (Thor-Delta Launcher) |
8 |
||
(iv) |
Ground equipment comprising:
|
14 |
||
(v) |
Technical Hazard Margin |
6 |
||
(vi) |
Internal direct costs of the Organization (staff, operations, facilities) |
6 |
||
Total |
90 * |
|||
* |
These fees do not include the operating costs of the land sector (staff, leasing costs, consumables) for the operational phase after the launch. |
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Each Participant shall contribute to the expenses resulting from the implementation of the Program by the Organization, under this Arrangement, in accordance with the schedule below:
States |
Quote Contribution Share |
|
Federal Republic of Germany |
25.66 |
|
Belgium |
4.06 |
|
Denmark |
2.41 |
|
France |
23.70 |
|
Italy |
15.07 |
|
United Kingdom |
20.60 |
|
Sweden |
5.02 |
|
Switzerland |
3.48 |
|
Total |
100.00 |
|
The Director-General of the Organization shall provide the necessary instructions for the submission of progress reports, the geographical distribution of work, the calls for contributions, the expenses incurred and the latter Cost estimates for the completion of the programme in accordance with the relevant provisions of the Financial Regulations of the Organization relating to accounts (Title 111, Section Vl of the Financial Regulation) and the provisions adopted by the Council The Organization with regard to periodic reports to. Present (document ESRO/C/30 6, add. 2, rev. 1).
The direct expenditure resulting from the implementation of the programme by the Organization, under this Agreement, shall be charged to a "programme" employment account that is created and managed by the Organization in accordance with the relevant provisions of the Financial Regulation. The Program's share of the Organization's common and support costs shall be fixed and allocated to the "programme" employment account in accordance with the principles and procedures adopted by the Organization.
The provisions of s. 1 and 2 of this Annex may be revised by unanimous decision of the Programme Steering Board. The provisions of s. 3 and 4 of this Annex may be revised by the Programme Governing Council by a two-thirds majority.
States Parties |
Ratification Signature without reservation of ratification (If) |
Entry into force |
||
|
29 September |
1972 |
29 September |
1972 |
Denmark |
29 September |
1972 |
29 September |
1972 |
France |
24 July |
1972 |
29 September |
1972 |
Great Britain |
12 September |
1972 |
29 September |
1972 |
Italy |
27 October |
1975 |
27 October |
1975 |
Sweden |
August 23 |
1973 |
August 23 |
1973 |
Switzerland |
29 April |
1975 |
29 April |
1975 |
|
24 July |
1972 |
29 September |
1972 |