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RS 0.425.71 Agreement of 12 April 1973 between certain member states of the European Space Research Organisation and the European Space Research Organisation concerning the execution of a telecommunications satellite programme (with

Original Language Title: RS 0.425.71 Arrangement du 12 avril 1973 entre certains Etats membres de l’Organisation Européenne de Recherches Spatiales et l’Organisation Européenne de Recherches Spatiales concernant l’exécution d’un programme de satellite de télécommunications (avec

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0.425.71

Original text

Arrangement

Between certain member states of the European Space Research Organisation and the European Space Research Organisation concerning the implementation of a telecommunications satellite programme

Conclu at Neuilly-sur-Seine on 12 April 1973
Approved by the Federal Assembly on September 25, 1974 1
Instrument of ratification deposited by Switzerland on 29 April 1975
Entered into force for Switzerland on 29 April 1975

Preamble

The Governments of the Federal Republic of Germany, the Kingdom of Belgium, the Kingdom of Denmark, the French Republic, the Italian Republic, the Kingdom of the Netherlands, 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 States Parties to the Convention establishing a European Space Research Organisation, opened for signature on 14 June 1962 2 (hereinafter referred to as " the Convention),

And

The European Space Research Organisation (hereinafter referred to as "the Organisation");

Recital The objectives drawn up after consulting the European Postal and Telecommunications Conference (CEPT) and the European Broadcasting Union (EBU), in accordance with the Resolutions of the Conference of Postal and Telecommunications Ministers (Brussels, April 1970 and Vienna, April 1972), which are to make available to the Administrations of Posts and Telecommunications (hereinafter referred to as "the users") from 1980 reliable spatial links for the disposal of a part of the Intra-European public telecommunications traffic and exchange of programmes Television;

Estimant That the achievement of these objectives requires significant technological development efforts that will ensure the progress of European industry and will enable it to participate more competitively in the implementation of other systems Space-based telecommunications services;

Desiring For this purpose to carry out a European programme on the design, development, construction and implementation of an experimental and pre-operational space sector for telecommunications, and the making available to users of Reliable operational satellites and also the development in Europe of technology in this field;

Having taken note The completion of the preparatory phase of that programme, recalling the approval of the implementation of the next experimental phase, given during the 44th session of the Council of the Organization of 20 December 1971 (ESRO/C/XLIII/Rés. 3 [Final] chap. 1.3);

Vu The Declaration of 12 April 1973 by the representatives of the Council of the aforementioned Governments;

Vu The Resolution of the Council of the Organisation taken at its 56 E Session on the acceptance of the request for the implementation of the programme within the framework of the Organization;

Vu The Memorandum of Understanding between the Organization and the Department of Communications of Canada concerning their cooperation in the field of advanced space technology signed on 18 May 1972;

Have agreed as follows:

Art. 1

The Participants undertake a program, structured in phases, aimed at the design, development, construction and implementation of an experimental and pre-operational telecommunications space sector that meets the objectives of the Users and, upon completion, the making available to them of reliable operational satellites. The elements of this space sector are described in Annex A to this Agreement.

Art. 2

The programme referred to in Article 1 above shall be carried out in two phases. It was preceded by a preparatory phase of the definition of the programme (phase 1), which is currently completed. These two phases, described in Annex A to this Agreement, are as follows:

A.
A technological and experimental phase, during which ground and qualified satellites are developed on experimental and pre-operational satellites, the communication techniques and vehicle technologies required for the programme (phase 2). This phase may be reviewed at any appropriate time during its implementation with a view to the inclusion of a subphase (2 Bis ) Including additional work on advanced techniques and specialized studies.
B.
A development phase of two operational flight units and, where applicable, the launching and evaluation in orbit of a prototype model, as well as, upon completion, the making available to potential users of the flight units Operational, one in orbit, the other on the ground, under conditions to be defined between the Participants and these users (phase 3).

2. Decisions to move to sub-phase 2 Bis And in phase 3 shall be taken in accordance with the provisions of Art. 5 below.

Art. 3

1. The Organization, pursuant to Art. VIII 1 Of the Convention, carries out the programme referred to in Art. 1 above, in accordance with the timetable and the provisions of Annex A to this Agreement.

(2) 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.


1 Currently " art. IX.

Art. 4

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 the problems affecting this programme and another programme of the Organization, the Programme Governing Council acts as an advisory body to the Council of the Organization, to which it makes all necessary recommendations.

3. The Programme Steering Board is also responsible for maintaining close relations with national and international telecommunications organisations in order to be able to respond to a possible reorientation of operational objectives The space sector envisaged; it defines the rules for the use of the space sector in phase 2 for experimental and pre-operational purposes.

4. The Programme Governing Council may establish the advisory bodies that it considers necessary to ensure the proper implementation of the programme.

5. Decisions of the Programme Governing Council shall be taken in accordance with the provisions of this Agreement. In the absence of express provisions, the voting rules laid down by the Convention or the Rules of Procedure of the Council of the Organization shall apply mutatis mutandis.

Art. 5

Decisions on the specific start-up and content of the sub-phase 2 Bis And phase 3 of the programme shall be taken by the Programme Governing Council by a two-thirds majority representing at least two thirds of the contributions to the programme. If the decision on stage 3 cannot be taken, the Participants who nevertheless wish to continue the programme shall consult each other and lay down the arrangements for its continuation. They shall inform the Council of the Organization, which shall, where appropriate, make any necessary arrangements.

Art. 6

The expenses resulting from the implementation of the program by the Organization under this Agreement shall be borne by the Participants in accordance with the detailed provisions set out in Annex B to this Agreement and within the limits of the Firm financial envelopes for each phase as determined in accordance with the provisions of this Article.

2. The Participants agree to contribute to the financing of phase 2 of the programme on the basis of a firm financial envelope of 115.1 million units of account (at the mid-1972 price level), plus a share of the common costs and In support of the Organisation currently estimated at 28 million units of account.

3. As soon as possible in Phase 2 and once the conditions referred to in s. 5 above the Participants will determine, by the majority referred to in Art. 5, a firm financial envelope for Phase 3 implementation.

4. The annual budgets for the programme shall be approved by a two-thirds majority by the Programme Governing Council within the firm financial envelope concerned.

Art. 7

The Participants agree, with a view to enabling the revision of the firm financial envelope of the phase concerned, to apply the procedure in force to the Organization in the event of a change in the level of prices.

2. If a firm envelope is to be revised for reasons other than a change in price level, the following provisions shall apply:

A.
To the extent that there are no cumulative cost overruns greater than 20 % of the amount of the closing financial envelope of the current phase, no Participant can withdraw from the program and the Program Steering Board sets expenditures Additional to the two-thirds majority.
B.
In the case of cumulative cost overruns greater than 20 % of the amount of the firm envelope considered, the Participants who so wish may withdraw from the program subject to the provisions of s. 17. Those who wish to continue their execution shall consult each other and lay down the arrangements for its continuation. They shall inform the Council of the Organization, which shall, where appropriate, make any necessary arrangements.
Art. 8

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.

Art.

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.

Art. 10

The Organisation, acting on behalf of the Participants, owns the satellites carried out under the programme, as well as the facilities and equipment acquired up to the end of phase 3 for its execution. Any transfer of acquired facilities and equipment shall be decided by the Programme Governing Council in consultation with the Council of the Organization.

Art. 11

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. 4 of Art. 6.

Art. 12

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 or have in that State his permanent residence.

(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.

Art. 13

1. This Agreement shall be open for signature by the Participants of the Er June 1973 until September 21, 1973.

(2) States shall become party to the Agreement:

-
By signing without reservation of ratification or approval;
-
The deposit of an instrument of ratification or approval with the Government of the French Republic, if the Agreement has been signed subject to ratification or approval.

(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 the Annex BI ' shall be 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 giving notice of the intention to apply the Agreement on a provisional basis and seeking to obtain, as soon as possible, the ratification or approval shall be considered as the Deposit of an instrument of ratification or approval.

5. The Government of a Member State of the Organization which has not signed the Agreement on September 21, 1973, 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 Arrangement as soon as it enters into force and this contribution shall be credited to the other Participants in the programme budget in proportion to their respective contributions.

Art. 14

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 decide on lunanimity on this request in agreement with the Programme Governing Council, which shall determine to Unanimity on the conditions of accession.

Art. 15

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.

Art. 16

The Participants may decide to terminate the programme by a two-thirds majority of at least two-thirds of the contributions to the programme.

Art. 17

1. If a Participant wishes to withdraw from the program pursuant to the provisions of s. 5 and paras. 2 b of Art. 7, it shall notify its withdrawal to the Organization. Such withdrawal shall take effect on the date of notification, subject to the following provisions:

A.
The withdrawing Participant shall be required to pay in the manner agreed upon the amount of its contributions in respect of the current annual budget or previous budgets.
B.
The withdrawing Participant shall remain obliged to contribute to its share of the payment appropriations corresponding to the commitment appropriations voted and used in respect of the budget for the current or previous financial year and relating to any phase of the programme Whose execution is in progress.
C.
The withdrawing Participant shall remain a member of the Programme Governing Council until the fulfilment of its obligations under a and b above. It has a right to vote only on matters that are directly related to these obligations.

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 ".

Art. 18

Annexes A and B to this Agreement form an integral part thereof.

Art. 19

(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.

Art.

Upon entry into force of the Agreement, the Government of the French Republic will register it with the Secretariat of the United Nations, in accordance with art. 102 of the United Nations Charter.

Art.

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, on April twelve thousand nine hundred and seventy-three, in the German, English and French languages, the three texts being equally authentic, in a single copy which will be deposited in the archives of the Government of the Republic Française, which will issue certified copies to each of the Participants and to the Organization.

(Suivent signatures)

Annex A

Objectives of the European telecommunications satellite programme

The aim of the programme is to prepare for the establishment in Europe of an operational space-based telecommunications system. It is expected that this system will provide satellite links for a substantial part of the intra-European telecommunications traffic planned for the 1980s in order to meet the objectives that can be expected from the User's share. The satellite will be designed in such a way that its objectives are met at the lowest possible cost; consideration of other objectives will only be possible in the event that additional costs are not incurred.

2. Program Description

The program is structured in two phases:

A.
A technological and experimental phase, in which the ground is developed and qualified on board experimental and pre-operational satellites, the telecommunications techniques and the vehicle technologies required for the programme (Phase 2).
B.
A development phase of two operational flight units and, where applicable, the launching and evaluation in orbit of a prototype model, as well as, upon completion, the making available to potential users of the flight units Operational, one in orbit, the other on the ground, under conditions to be defined between the Participants and these users (phase 3).

It was preceded by a preparatory phase on the definition of the programme (phase 1), which was completed in 1971.

2.1 Program Phase 2

The phase of development and technological experimentation (phase 2), which is to be extended from 1972 to 1978, will essentially become a reality, by the end of 1976, by the satellization of an experimental and pre-operational vehicle, followed by its assessment in orbit. The work to be performed during this phase is for the following topics:

A.
Telecommunications system; b. Support technology;
C.
Experimental Satellites;
D.
Studies on operational configurations.

2.1.1 Telecommunications System

Phase 2 work on the telecommunications system includes:

A.
Studies of the global system relating in particular to the analysis of telecommunications techniques such as, PCM/PSK/TDMA (modulation by pulse-coded pulse/modulation by phase shift/multiple access over time), reuse Frequencies by diversification of polarization, multiple access by distribution in space, modulation of the radiated power by the satellite and switching of edge;
B.
Studies of transmission problems, such as degradation phenomena in the satellite repeater, problems with interface with earth stations;
C.
Propagation experiments involving radiometric measurements for atmospheric attenuation statistics, propagation measurements on earth bonds for the study of depolarization effects and measurements Using satellite tags to allow for a direct analysis of predicted phenomena;
D.
Terrien sector studies, conducted in close collaboration with users, aimed at ensuring the optimum character of the satellite/terrien sector which has been chosen.

2.1.2 Support Technology

This part of phase 2 covers the development and qualification of critical materials in the following sectors:

-
Telecommunications technology;
-
Structures and mechanisms;
-
Thermal regulation;
-
Attitude control and orbital correction;
-
Energy conversion.

These critical materials are those necessary for the development of the experimental and pre-operational satellites (CTS and OTS) of phase 2 as well as those which, because of their long development time, are necessary for the subsequent execution of the Phase 3.

2.1.3 Experimental and Pre-Operational Satellites

Phase 2 must be completed by the in-orbit testing of the components developed during the supporting technology part. These tests are intended to ensure:

-
The qualification in orbit of telecommunications equipment at 11/14 GHz;
-
The qualification in orbit of the concept of a three-axis stabilized vehicle equipped with orientable solar panels and equipment developed under the support technology programme and considered to be critical;
-
The assessment of the telecommunications technologies envisaged for the operational system in cooperation with users.

Two satellites will be used for this experimental and pre-operational phase:

-
Pursuant to the Memorandum of Understanding signed with the Department of Communications of Canada, materials developed by the Organization will be placed on the Canadian telecommunications technology satellite to be launched during the course of the year 1975. The equipment thus embedded concerns telecommunications technology (progressive wave tube amplifiers and parametric amplifiers) and energy conversion (flexible solar network).
-
The second element of the experimental and pre-operational programme, and the most important, will be the launch in late 1976 of an experimental and pre-operational satellite called OTS ("Orbital Test Satellite"). The satellite will be launched by a Delta 2914 class thrower. The OTS will present itself, in its main lines, as a triaxial stabilization vehicle, of a three-year lifespan, of modular design and equipped with solar-oriented solar panels; the telecommunication payload Include repeaters of 20 W of power and 40 to 120 MHz of bandwidth, with coverage of European beam and fine brush antennas (Eurobeam).

2.1.4 Studies on operational configurations

In Phase 2 of the program, studies of potential operational configurations will be pursued in conjunction with future users in order to allow optimal configuration choice in 1975-1976.

2.1.5 Subphase (2 Bis )

In the event that the review of Phase 2 as referred to in s. 2, para. 1, para. A of the Agreement, would result in the addition of a sousphase 2 Bis , the objective of this sub-phase would be to promote advanced techniques and specialized studies with regard to the possible configurations of the operational satellite.

2.2 Program Phase 3

The next phase of the program, involving the development and construction of two operational vehicle flight units, is undertaken as early as possible prior to the completion of Phase 2 of the program.

The decision to undertake Phase 3 is scheduled for 1975; it is expected that, based on the results of the in-orbit experimentation, 18 months of orbital data will be available during critical reviews of the operational vehicle design. The completion of Phase 3 is scheduled for 1980.

3. Calendar

The current timetable is as follows.

-
Phase 1:

Completed in 1971.

-
Phase 2:

Technology development, in-orbit evaluation monitoring:

1972-1978.

Development of the experimental and pre-operational vehicle

Will be as follows:

Phase A: September 1972-December 1972;

Phase B: April 1973-December 1973;

Phase C: January 1974-early 1975;

Phase D: early 1975-December 1976.

The vehicle is scheduled to be launched in late December 1976.

-
Phase 3:

Development of the operational satellite: 1975-1980 leading, outside of phase 3, to orbital operations in operational configuration from 1980.

4. Review clause

The provisions of this Annex may be revised by unanimous decision of the Programme Steering Board.


Status November 5, 1999

Annex B

1. Cost of Program

The preparatory phase for the definition of the programme (phase 1) was financed by the appropriations voted by the European Space Conference.

1.1 Program Phase 2

The firm financial envelope for Phase 2 of the program is 115.1 MUC at mid-1972. This amount corresponds to the total direct expenditure for the period 1972-1978, estimated as follows:

(Millions of units of account at the mid-1972 price level)

A.

Internal costs of the Organization

12.9

B.

Telecommunication System

7.1

C.

Support technology

27.4

D.

Direct expenditure on experimental and pre-operational satellites (including OTS operations)

64.4

E.

Business Configuration Studies

3.3

Total

115.1

Indirect costs, that is, the program's share of the Organization's common and support costs, depend on the extent of the overall program of the Organization and the future reallocation process. They are currently estimated at 28 MUC at the mid-1972 price level, assuming that indirect costs are prorated across all programs.

1.2 Subphase (2 Bis )

The direct expenditure and the margin of hazard of sub-phase 2bis in the case in which it is undertaken is currently estimated at 11 MUC at the mid-1972 price level.

1.3 Program Phase 3

The indicative financial envelope for phase 3 of the programme shall consist of the following:

(Millions of units of account at the mid-1972 price level)

Min.

Max.

A.

Direct expenditure on the development and construction of two operational vehicle units:

-
In the case of a 400 kg satellite configuration

121

-
In the case of a satellite configuration of 800 kg

203

(The launch of a prototype [FO] model is excluded.)
-
Possibly launching a prototype operational satellite model

18

B.

Share of Common Costs and Support Expenses of the Organization:

-
In the case of a 400 kg operational satellite configuration

34

-
In the case of an operational satellite configuration of 800 kg

55

(The prototype model is excluded.)

C.

Share of the global margin of hazards related to the Organization's application programmes

-
In the case of a 400 kg operational satellite configuration

5

-
In the case of an operational satellite configuration of 800 kg

7

Totals

160

283

2. Contribution Scale

Each Participant shall contribute to the expenses resulting from the implementation of the Program by the Organization under this Arrangement:

A.
In accordance with the schedule below, applicable for the period 1972-1974:

States

Quote Contribution Share %

Federal Republic of Germany

25.01

Belgium

3.96

Denmark

2.35

France

23.11

Italy

14.69

Netherlands

2.50

United Kingdom

20.09

Sweden

4.90

Switzerland

3.39

Total

100.00

B.
Thereafter, in accordance with a schedule to be established in accordance with the normal procedure of the Council (Art. XII, 1 b 1 Of the Convention).

Reports of the Organization on the financial and contractual situation

The Director General of the Organization shall give the necessary instructions for the presentation of progress reports, the geographical distribution of work, the calls for contributions, the expenses incurred and the latest Cost estimates for the completion of the programme, in accordance with the relevant provisions of the Financial Regulations of the Organization and the provisions adopted by the Council of the Organization with regard to periodic reports to it Present (document ESRO/C/30 6, add. 2, rev. 1).

4. Financial rules to be observed

The direct expenditure resulting from the implementation of the program by the Organization, under this Arrangement, shall be charged to an employment account Program that is created and managed by the Organization in accordance with the relevant provisions of the Regulations Financial. The Program's share of the Organization's common and support costs shall be fixed and charged to the Programme Employment Account in accordance with the principles and procedures adopted by the Organization.

5. Review clause

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.

Scope of the Agreement 1 Er July 1980

States Parties

Ratification Signature without reservation of ratification (If) Accession (A

Entry into force

Federal Republic of Germany

21 September

1973 If

21 September

1973

Denmark

21 September

1973 If

21 September

1973

Spain

28 September

979 A

28 September

1979

France

21 September

1973 If

21 September

1973

Great Britain

21 September

1973 If

21 September

1973

Italy

27 October

1975

27 October

1975

Netherlands *

14 November

1979 A

14 November

1979

Sweden

April 6

1976

April 6

1976

Switzerland

29 April

1975

29 April

1975

European Space Research Organisation

September 20

1973 If

21 September

1973

*

The arrangement is valid only in the Kingdom of Europe.


1 Currently " art. XIII, c. 1 ".


Status November 5, 1999