Framework agreement

Agrement between the Government of the Czech Republic and the European Space Agency Concerning Cooperation in the Exploration and Use of Outer Space for Peaceful Purposes

Government of the Czech Republic
and
European Space Agency,

established by the Convention which was opened for signature in Paris on 30 May 1975 and entered into force on 30 October 1980 (hereinafter referred to as "the Agency")

(hereinafter together referred to as the "Parties"),

CONVINCED of the benefits which could accrue to the Parties, and more generally to the development of the European space community, through such cooperation,

RECALLING that the purpose of the Agency is to provide for and to promote, for exclusively peaceful purposes, cooperation among European States in space research and technology and their space applications,

DESIRING to strengthen and extend their friendly relations and to establish mechanisms that would facilitate cooperation between the Parties on mutually advantageous activities connected with the peaceful use of outer space,

TAKING INTO CONSIDERATION the provisions of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, done on 27 January 1967, and other multilateral agreements on the exploration and use of outer space to which the Czech Republic and Member States of the Agency are parties and which the Agency has accepted,

CONSIDERING the wish expressed by the Government of the Czech Republic to cooperate with the Agency,

NOTING the links established between the Government of the Czech Republic and other European organisations,

HAVING REGARD to the Convention of the European Space Agency and in particular its Article XIV.1 thereof on international cooperation,

HAVE AGREED AS FOLLOWS:

Article 1

The purpose of this Agreement is to establish a framework for cooperation between the Parties in the exploration and peaceful use of outer space and conditions for implementing projects of mutual interest.

Article 2

2. The areas considered by the Parties as offering potential for cooperation under this Agreement, are:

(a) Space science, in particular space astronomy and astrophysics, solar system exploration and solar-terrestrial physics;

(b) Earth observation research and applications, in particular environmental monitoring, meteorology, aeronomy, and geodesy;

(c) Telecommunications, in particular service demonstrations and satellite navigation;

(d) Microgravity research, in particular space biology and medicine, and materials processing;

(e) Ground segment engineering and utilisationThe Government of the Czech Republic shall inform the Agency of the areas that are of the particular interest to it. Upon identifying a
project or projects of mutual interest, the Parties shall conclude an implementing arrangement defining their rights and obligations in accordance with the provisions of Article 3 below.

3. The Agency is favourably disposed towards making available, in accordance with its own procedures and under arrangements to be defined, hardware no longer required for its programmes.

4. The Parties agree, with a view to realising cooperative projects in areas identified pursuant to the paragraph 32 above, to facilitate the exchange of scientists and engineers, the exchange of information as well as the contacts between the industries concerned. The Agency, in addition will provide access to its networks for electronic mail and data exchanges on conditions to be mutually agreed.

5. The Parties shall also:

(a) organise the award of fellowship to enable the nominees of either Party to benefit of training at institutions proposed by the awarding Party;

(b) organise joint symposia and conferences;

(c) encourage the exchange of experts to participate in studies;

(d) promote joint activities connected with the experimentation and utilisation of products and services developed within the framework of Agency programmes;

(e) promote educational activities in space science and technology.

6. Other areas and forms of cooperation may be added to those mentioned in this Article by mutual agreement.

Article 3

Modalities of Implementation

1. Each Party shall designate a point of contact which shall coordinate actions relating to the implementation of this Agreement and shall care for taking measures to assist in the further development of cooperative activities. Such points of contacts shall be the ordinary channel for the Parties` communications of proposals for cooperation.

2. Joint working groups may be established to examine in detail proposals in areas assigned to them by the Parties and to make recommendations to the Parties.

3. Should they have identified a project of mutual interest, the Parties shall negotiate and agree upon specific implementing arrangements dealing with the technical content, schedules, respective rights and obligations, scientific and technical results and other relevant provisions.

4. Special meetings between the points of contact designed under paragraph 1 of this Article and the experts as necessary, may be held to examine the progress in the implementing of this Agreement.

5. For the execution of its obligations under this Agreement, each Party shall, subject to the financial conditions contained in the implementing arrangements referred to in paragraph 3 above, normally meet its own costs.

Article 4

Coordination at International Level

1. The Parties shall consult, as appropriate, on matters of common interest on the exploration and use of outer space on the agenda of the meetings of international bodies.

2. The Parties shall encourage international cooperation in the study of legal questions of mutual interest which may arise in the exploration and use of outer space.

Article 5

Information and Data

1. The Parties shall exchange scientific and technical information of mutual interest concerning space science, technology and applications through the transmission of technical and scientific reports and notes, consistent with their respective rules on the dissemination of information and data. The Government of the Czech Republic will receive announcements of opportunities concerning the scientific activities in the Agency's programmes.

2. Scientific and technical information obtained by one Party in the course of joint experiments or projects shall be made available to the other, subject to the observance of such rules as may be mutually agreed concerning the dissemination of information and data.

3. Where goods, data or information are furnished by one Party to the other, the receiving Party shall accord a degree of protection to the intellectual property rights therein at least equivalent to that enjoyed in the legal system applicable to the furnishing Party. Special measures that need, in the view of the furnishing Party, to be taken in order to achieve this level of protection shall be the subject of mutual agreement.

Article 6

Administrative Provisions

1. The Agency shall have the status of a legal person established in the Czech Republic.

2. The Agency, its property and income shall be exempt from all taxes in the Czech Republic. The Agency's assets shall be immune from all forms of legal proceedings except where the Agency shall have expressly waived such immunity in a particular case.

3. The Government of the Czech Republic and the Agency shall define the procedures to be applied for the export or import of assets used in connection with their cooperation.

4. The Agency may receive and hold in the Czech Republic any kind of funds, currency, cash or securities; it may dispose of them freely in the Czech Republic for any purpose provided for in its Convention or in this Agreement and hold accounts in any currency.

5. The Government of the Czech Republic agrees to provide administrative assistance in the implementation of the present Agreement, in particular as regards facilitating the entry and exit of persons and the importation and exportation of goods and materials relating to project agreed by Parties, including exemption from charges that are normally applicable upon importation and exportation. The Ministry of Education, Youth and Sports of the Czech Republic will issue certification for import and export of goods and materials relating to projects agreed upon by the Parties for customs authorities. This certification guarantees that the imported or exported goods and materials are employed in the course of the projects agreed upon by the Parties.

Article7

Liability

Subject to any other terms contained in the implementing arrangements referred to in Article 3.3 above, each Party shall be solely liable for any loss or damage to its persons or property which occurs in pursuit of the activities provided for under this Agreement.

Article 8

Settlement of Disputes

1. Disputes concerning the interpretation or application of this Agreement shall be settled by mutual consultation between the Parties. If an issue not revolved through consultations still needs to be resolved, that issues shall be submitted at the request of either Party, to an arbitration tribunal composed of one nominee of each Party and a Chairman appointed by agreement between the Parties or, failing agreement, by the President of the International Court of Justice. The Tribunal's award shall be final and binding upon both Parties.

2. The arrangements referred to in Article 3.3. of this Agreement shall contain their own dispute-settlement provisions, which shall include the procedures and modalities for arbitration.

Article 9

Entry into Force - Duration - Renewal - Amendment

1. This Agreement shall for the Government of the Czech Republic be subject to the approval in accordance with the legal order of the Czech Republic and shall enter into force upon advice of the Government of the Czech Republic on such approval.

2. The provisions of Articles 1, 2, 3, 4, 5 and 7 of the present Agreement shall be applied from the date of signature by both Parties.

3. The present Agreement shall remain in force for a period of five years. This Agreement may be amended by mutual agreement in writing.

4. One year before the end of this period, the Parties shall review the results of its implementation and shall examine the ways and means for continuing such cooperation. This Agreement may be extended and/or amended by mutual agreement in writing. If the Agreement ceases to have effect, its provisions shall nevertheless continue to apply to the extent necessary to secure the implementation of any specific implementing arrangements that have been concluded pursuant to Article 3.3 above, and which are still effective on the date upon which the present Agreement ceases to have effect.