Overeenkomst tussen bepaalde Europese Regeringen en de Europese Organisatie voor Ruimteonderzoek betreffende de uitvoering van het Ariane draagraketprogramma
(authentiek: en)
Preamble
The Governments of the Member States of the European Space Conference, signatories of this Arrangement (hereinafter referred to as „the Participants”),
and
the European Space Research Organisation established by the Convention opened for signature on 14 June 1962 (hereinafter referred to as „the Organisation” and „the Convention” respectively),
Recalling the Resolution adopted by the European Space Conference (ESC) on 20 December 1972, under the terms of which the ESC gives general approval for the carrying out and management within a common European framework of the launcher development project proposed by the French Government following the abandonment of the Europa-III Project, and taking into consideration the decisions taken by the European Space Conference at its meeting on 31 July 1973,
Considering that the European Space Agency referred to in the said Resolution (hereinafter referred to as „the Agency”) is intended to provide the common European framework for this programme, temporarily entrusted to the Organisation,
Considering Europe's interest in having available at the beginning of the 1980s an economically competitive capability of its own for placing satellites, particularly application satellites, in orbit,
Considering that it would be to the European States' advantage to keep in being the competence acquired in the field of launchers and to make use of the space technology existing in those States,
Having regard to the report dated 15 April 1973 submitted by the French Government to the Ministers of the ESC,
Having regard to the Declaration made on 1 August 1973 by the representatives on the Council of Organisation of the aforementioned Governments (ESRO/C/LIX/Dec. 1),
Having regard to the Resolution adopted by the Council of the Organisation at its 59th Session, agreeing the request for the execution of this programme within the framework of the Organisation, pending establishment of the European Space Agency (ESRO/C/LIX/Res. 1),
Have agreed as follows:
Article I
The Participants commit themselves to undertake, under the provisions of this Arrangement, the first phase of a programme having as its objective the development, including qualification, of a satellite launcher called Ariane intended to place payloads of the order of 1500 kg in a transfer orbit and, with the assistance of a suitable apogee motor, to place satellites of the order of 750 kg in geostationary orbit. This programme comprises a second phase which will have as its objective the production of this launcher and which will be decided upon at a later date.
1.
The development phase of the programme referred to in Article I above shall be executed within the framework of the Agency referred to in the ESC Resolution of 20 December 1972. Pending the establishment of the said Agency, this phase shall be undertaken within the framework of the Organisation, in conformity with the provisions of the Annexes of this Arrangement.
2.
Except where otherwise provided in this Arrangement or in the Agreement referred to in paragraph 3 below, this phase of the programme shall be executed in conformity with the rules and procedures in force within the Organisation.
3.
The Participants shall, through the medium of the Organisation, entrust the Centre National d'Etudes Spatiales (CNES), a French public body appointed by the French Government, with the execution of the first phase of the programme referred to in Article I and shall entrust control of its execution, on their behalf, to the Organisation. The Organisation and CNES shall conclude an Agreement defining the detailed arrangements for their cooperation with a view to achieving the objectives of this Arrangement.
1.
The objectives of the programme referred to in Article I above, a description of the launcher and a description of the development phase of the programme, are contained in Annex A to this Arrangement. The decision to proceed to the production phase of the programme shall be taken in conformity with the provisions of Article V below.
2.
The objectives of the definition stage of the development phase is to establish the detailed specifications of the launcher on the technical bases of Annex A to this Arrangement, to draw up a detailed development plan, to distribute work in industry and to adjust the financial contribution of each Participant to the programme in conformity with the procedure described in Article X of this Arrangement.
3.
The elements of the detailed analysis referred to in paragraph 2 above will enable the development phase to be carried out. The latter will be completed with qualification of the launcher following the flight tests.
1.
A Programme Board, composed of representatives of the Participants, shall be responsible for the programme and shall take all decisions relating to it in conformity with this Arrangement.
2.
For matters affecting both the present programme and some other programme of the Organisation, the Programme Board shall be advisory to the Council of the Organisation, to which it will on such matters make all necessary recommendations.
3.
The Programme Board shall take all decisions concerning the programme in conformity with this Arrangement, and shall in particular:
(a) control the implementation of the programme and in particular of the development phase, defined in the development plan, on the basis of reports prepared by CNES and presented to the Programme Board by the Director General of the Organisation;
(b) monitor the overall performance of the launcher and the quality assurance provisions specific to the programme, prepared by CNES, on the basis of reports prepared by CNES and presented to the Programme Board by the Director General of the Organisation;
(c) be kept informed of the distribution of work among the various Participants and, during the execution of the development phase of the programme, act as the appeal body if a Participant wishes to object to a choice of contractor made by CNES;
(d) approve the launcher flight qualification report submitted by CNES;
(e) lay down the terms and conditions for participation in this of the programme by States that are not members of the Organisation, in conformity with the provisions of article XVII, paragraph 2 of this Arrangement;
(f) ensure that the Organisation establishes efficient coordination with the potential users of the launcher and defines the launcher and the payloads interface specifications.
4.
The Programme Board may establish such advisory bodies as it may deem necessary for its tasks.
5.
Except where otherwise provided in this Arrangement, the decisions of the Programme Board shall be taken by a simple majority of the Participants.
1.
The Programme Board shall establish the elements necessary for the decision by the Participants to proceed to the production phase of the programme. Those Participants that have declared that they are interested in taking part in the production phase shall conclude a new Arrangement setting out the content of this phase, the financial arrangements for its execution and the work distribution. The latter shall as far as possible be identical with that defined in respect of the development phase.
2.
The Participants shall endeavour to keep in being, during the production phase, the industrial facilities set up during the development phase, and, whether or not they are Participants in the new Arrangement, shall do nothing to hamper the use of these facilities.
1.
The expenditure resulting from the execution of the development phase of the programme under this Arrangement shall be met by the Participants, in accordance with the provisions set out in Annex B to this Arrangement.
2.
The Participants agree to contribute, on the basis of a firm financial envelope of 380 391 165 accounting units, towards:
(a) the direct expenditure defined in paragraph 1 (a) of Annex B to this Arrangement, concerning the development phase of the programme, on the basis of an amount of 2060 million French francs, representing 370 891 165 accounting units on the basis of the conversion rate in force on 1 January 1973 (1 accounting unit representing 5.55419 French francs);
(b) the Organisation's internal expenditure referred to in paragraph 1 (b) of Annex B to this Arrangement, amounting to 2 500 000 accounting units; and
(c) the expenditure resulting from the maintenance of facilities specifically created, or made available to the Organisation for the execution of the programme under the provisions of Article XII, paragraph 2 of this Arrangement, on the basis of an amount of 7 000 000 accounting units.
The cost of the CNES project team and technical support staff shall be borne by the French Government.
3.
The Participants shall contribute towards the expenditure referred to in paragraph 2 above in accordance with the scale of contributions set out in Annex B to this Arrangement and subject to the provisions of Article VII. Consequently, when the provisions of Article VII, paragraph 2, are to be applied for the expenditure specified in paragraph 2 (a) above, the overall commitment of the Participants will amount to 454.569.398 accounting units, notwithstanding the provisions of Article VII, paragraphs 1 and 2 (b) below.
4.
The annual budgets relating to the development phase of the programme shall be subject to the approval of the Programme Board, by a two-thirds majority of the Participants representing also at least two-thirds of the weights of vote referred to in paragraph 2.3 of Annex B, within the firm financial envelope referred to in paragraph 2 above. The Participants undertake to provide the Organisation with the funds necessary for the execution of the programme in accordance with the procedures and schedule given in Annex B to this Arrangement; this schedule is to be brought up to date and presented to the Programme Board annually at the same time as the budget.
1.
In order that the financial envelope referred to in Article VI, paragraph 2, above may be revised in the event of changes in price levels, the Participants agree, except where otherwise provided in paragraph 2.4 of Annex B to this Arrangement, to:
(a) apply to the contribution of each country participating in the direct expenditure referred to in Article VI, paragraph revision formulas using the relevant national indices adopted by the Organisation; and
(b) apply to the contribution of each country participating in the expenditure referred to in Article VI, paragraphs 2 (b) and (c) the normal rules in force in the Organisation.
2.
If, in the opinion of the Programme Board, the amount of direct expenditure referred to in Article VI, paragraph 2 (a) above has to be revised for reasons other than changes in price levels, the following provisions shall apply:
(a) If the additional expenditure does not exceed 20% of mount, revised, where applicable, under the provisions of the paragraph 1 above, the Participants shall be bound to contribute to the additional expenditure in proportion to their contributions as laid down in Annex B of the present ngement.
(b) Additional expenditure exceeding 20% of the aforesaid amount shall be borne by the French Government provided it does not exceed 35%.
(c) No Participant may withdraw from the programme so long as the provisions of sub-paragraphs (a) and (b) of the present paragraph are operative.
(d) If the additional expenditure exceeds 35% of the amount direct expenditure referred to in Article VI, paragraph 2 (a) above, revised where necessary in accordance with paragraph 1 above, either in fact or according to forecasts by the Programme Board, the French Government's obligations referred to above shall cease and the Participants shall consult among themselves as to the future of the programme.
(e) The French Government will review the undertaking referred to in sub-paragraph (b) above should the Organisation no longer be able to provide it with the funds necessary for execution of the programme owing to the default of one or more Participants.
Article VIII
Intellectual property rights arising from the execution of the development phase of the programme, as well as access to technical information so arising, shall be reserved to the Participants, but the Organisation shall have the right to make use of them free of charge for its programmes as a whole.
1.
The Participants shall make available to CNES, through the Organisation, the contract authority and payment appropriations necessary for the execution of the development phase of the programme, in conformity with the budget approved by the Programme Board and with the provisions of paragraph 2.4 of the Annex B to this Arrangement.
2.
The Participants contributions shall be called up by the Organisation on the basis of its current rules, in conformity with the provisions mentioned in Annex B to this Arrangement.
1.
CNES shall place the contracts necessary for the execution of the development phase of the programme. When placing contracts and sub-contracts for the execution of this phase, it shall give first preference to having the work carried out in the territories of the Participants and second preference to having it carried out in the territories of the other States that are members of the organisation or, subsequently, of the Agency.
2.
CNES shall submit to the Programme Board, before the end of the definition stage the distribution of work on the basis of the contributions shown in paragraph 2.1 of Annex B. The distribution shall bear on the work that is of definite technological interest according to the definition adopted by the Programme Board, this work representing eighty per cent of the amount of direct expenditure referred to in Article VI, paragraph 2 (a) above.
3.
CNES shall award to the Participants contracts of a value proportional to the Participants' contributions to the cost of the work defined above. If this objective cannot be attained vis-à-vis one or several Participants, the contribution of the Participant concerned shall be reduced proportionally before the end of the definition stage. In case of a lack of funding of the development phase, as a consequence of such a reduction, the French Government shall be responsible for this funding.
Concerning the additional expenditure mentioned in Article VII, paragraph 2 (a), CNES shall, in placing the contracts, make its best endeavour to avoid any distortion in the fair return of the Participants and to achieve a distribution of work as fair as reasonably possible, taking into account the specific nature of the work, the difficulty to apply the same rules concerning work distribution, and the necessity to maintain a smooth implementation of the development phase.
4.
Contracts relating to work of lower technological interest, such as infrastructure work or the supply of consumables, shall be awarded on a competitive basis. To this end CNES shall invite tenders from firms whose names have been communicated to it by the Participants.
5.
Contracts relating to work carried out in the territory of a State that is not a member of the Organisation shall not be taken into account in the assessment of the geographical distribution of contracts among the Participants.
6.
The contractual arrangements shall be based on the rules and procedures applied by CNES. However, the Organisation shall define the content of the clauses guaranteeing observance of Articles VIII and XII of this Arrangement.
7.
The Participants shall, in accordance with the Protocol on Privileges and Immunities of the Organisation, take all necessary steps to ensure exemption from, or if need be, reimbursement of, taxes and customs dues in respect of contracts placed under this Arrangement.
Article XI
The French Government shall guarantee the payment of any sums:
(a) contributed to the programme, under the heading „Other Income”, by a Member State of the Organisation that is signatory of this Arrangement but with which it has concluded a bilateral agreement, compatible with the provisions of this Arrangement, for the execution of work under the development phase of the programme;
(b) shown under the heading „Other Countries” in the table of Annex B, paragraph 2, until such time as they are otherwise covered.
In no circumstances shall any bilateral agreement mentioned under paragraph (a) above create obligations vis-à-vis the other Participants in the programme.
Nevertheless, for the purposes of Article X, paragraph 1 of this Arrangement, any such Member State shall be considered as a Participant in the development phase of the programme.
1.
The Organisation, acting on behalf of the Participants, shall be the owner of the elements of the Ariane launcher, of the facilities and equipment acquired for its development, and of the launching facilities produced within the framework of the programme.
2.
Participants that own facilities that could be used for the purposes of the Ariane programme undertake to make them available for the said programme, on financial conditions limited to marginal cost reimbursement.
3.
The elements, facilities and equipment referred to in paragraph 1 above shall be made available to the Participants acting in the framework of their own programmes or of a programme of the Organisation, insofar as this does not interfere with their use for the purposes of the Ariane programme. Payments requested from the Participants for such use shall not include amortisation of this property. The Programme Board shall lay down the terms and conditions relating thereto.
4.
The Organisation may make this property available to third parties not covered by paragraph 3 of this Article, insofar as this does not interfere with its use for the purposes of the Ariane programme and for the Participants' requirements, and under financial conditions to be laid down by the Programme Board.
5.
Any transfer of elements, facilities and equipment acquired shall be decided on by the Programme Board, in consultation with the Council of the Organisation.
1.
Once the Ariane launcher has been declared operational, it shall be made available to the Organisation and the Participants for their own requirements, in accordance with a decision of the Participants, made either through the Programme Board or through new institutions as may be established in the framework of the Agency mentioned in Article II, and in accordance with the provisions of the new Arrangement referred to in Article V, paragraph 1. French Government facilities required for launchings shall likewise be made available to the Organisation and the Participants, in accordance with the conditions laid down in Article XII, paragraph 2 above.
2.
The decision on the terms and conditions on which the flight units of the Ariane launcher may be transferred to third-party States or to international organisations for peaceful purposes, as well as the terms and conditions under which launchings may be carried out for such States and organisations, shall be taken by a two-thirds majority of the Participants subject to the provisions of the new Arrangement referred to in Article V, paragraph 1.
3.
The provisions of paragraphs 1 and 2 above shall also apply to the supply of elements, sub-assemblies and components developed for the development phase of the programme.
1.
The Participants shall indemnify the Organisation in respect of any obligation it may incur should its international liability be involved as a result of execution of the development phase of the programme.
2.
Any compensation for damage received by the Organisation with respect to the development phase of the programme shall be credited as an income to the annual programme budgets referred to in Article VI, paragraph 4 above.
1.
Any dispute which arises between two or more of the Participants, or between any of them and the Organisation, concerning the interpretation or application of this Arrangement, and which cannot be settled by mutual consent, shall be submitted, at the request of any party to the dispute, to a single abitrator to be appointed by the President of the International Court of Justice. The arbitrator may not be a national of a State which is a party to the dispute nor be a permanent resident of such a State.
2.
Those parties to the Arrangement that are not parties to the dispute shall have the right to join in the proceedings, and the arbitrator's decision shall be binding on all the Participants and the Organisation, whether or not they have joined in the proceedings.
1.
This Arrangement shall be open for signature by the Member States of the European Space Conference from 15 October 1973 to 30 November 1973.
2.
The States shall become parties to the Arrangement:
- either by signature not subject to ratification or approval,
- or by depositing an instrument of ratification or approval with the Government of the French Republic if the Arrangement has been signed subject to ratification or approval.
3.
This Arrangement shall come into force when it has been signed by the Organisation and when the States whose participation amounts to 75% of the total weight of the votes referred to in paragraph 2.3 of the Annex B, have become parties to this Arrangement in accordance with paragraph 2 of this Article.
4.
For the purpose of paragraph 3 above, the deposit with the depositary Government of a declaration of intent to apply the Arrangement provisionally and to seek ratification or approval as soon as possible shall be considered as the deposit of an instrument of ratification or approval.
5.
The Government of any Member State of the Organisation which has not signed the Arrangement by 30 November 1973 may become a party to it after that date, provided the other Governments, parties to the Arrangement, agree. In such event, the Government in question must deposit an instrument of accession with the Government of the French Republic; it may also apply the provisions of paragraph 4 of this Article in order to become a party to this Arrangement. The Programme Board shall determine unanimously the terms governing the participating of the acceding States.
1.
The Government of a State that is not a member of the Organisation may present a request to the Council of the Organisation to accede to the programme.
2.
Admissibility of the request shall require a unanimous decision of the Programme Board. If admissible, the request shall then be submitted to the Council for its unanimous decision. The Programme Board shall unanimously determine the terms governing the participation of the acceding State.
Article XVIII
The Participants may by a unanimous vote decide to terminate the programme. In such event, priority would be granted for the acquisition of the elements, facilities and equipment acquired for the execution of the development phase of this programme, to a Participant that undertook to pursue this programme or a related programme on its own account.
Article XIX
The Organisation shall inform the depositary Government of the expiry of this Arrangement. The Government in question shall notify the Participants accordingly.
1.
A Participant who wishes to withdraw from the programme under the terms of Article VII, paragraph 2 (c), shall notify the Organisation accordingly. The withdrawal shall take effect on the date of the notification, subject to the following provisions:
(a) The withdrawing Participant shall be bound to pay in the manner agreed its contributions adopted under the current or previous annual budget(s).
(b) The withdrawing Participant shall remain bound to pay its share of the payment appropriations corresponding to approved contract authority used under the budget for the current or previous financial year(s) and relating to the development phase.
(c) The withdrawing Participant shall remain a member of the Programme Board until its obligations under (a) and (b) above have been fulfilled. It shall have a right to vote only on matters which are directly related to these obligations.
2.
The withdrawing Participant shall retain the rights acquired up to the date on which its withdrawal takes effect. As regards actions and developments decided upon after its withdrawal, no further right or obligation shall arise in respect of that part of the programme to which it no longer contributes, unless and to the extent agreed otherwise between the remaining Participants and the withdrawing Participant. The provisions of Article XVII of the Convention of the Organisation shall apply mutatis mutandis.
2.
Should a non Member State which has acceded to the programme in accordance with the provisions of Article XVII of this Arrangement wish to withdraw from the programme, the provisions of this Article shall apply mutatis mutandis.
Article XXI
Annexes A and B to this Arrangement form an integral part of it.
1.
This Arrangement may be revised at the request of a Participant or of the Organisation. Any amendments shall come into force when all parties have notified their approval to the depositary Government.
2.
The Annexes to this Arrangement may be revised by the Programme Board in accordance with the provisions of the revision clauses of those Annexes.
Article XXIII
Upon entry into force of the Arrangement, the Government of the French Republic shall register it with the Secretariat of the United Nations, in accordance with Article 102 of the United Nations Charter.
Article XXIV
The Government of the French Republic shall be the depositary of this Arrangement and shall notify the Participants and the Organisation of the date of entry into force of the Arrangement and any amendments thereto, and of all instruments of ratification, approval, accession and declaration of intent to apply the Arrangement provisionally.
IN WITNESS WHEREOF the undersigned representatives, having been duly authorised thereto, have signed this Arrangement.
DONE at Neuilly-sur-Seine, this twenty-first day of September nineteen hundred and seventy three, in the English, French and German languages, all three texts being equally authoritative, in a single copy, which shall be deposited in the archives of the Government of the French Republic, which shall transmit certified copies to each of the Participants and to the Organisation.
Inhoudsopgave
Arrangement between certain European Governments and the European Space Research Organisation concerning the execution of the Ariane Launcher Programme
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Article XIV
Article XV
Article XVI
Article XVII
Article XVIII
Article XIX
Article XX
Article XXI
Article XXII
Article XXIII
Article XXIV
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