Contract
<.. image(Document Cover Page. Document Number: 5709/24. Subject Codes: CORLX 80 CFSP/PESC 116 CSC 38 JAI 108 ESPACE 7 COPS 46 POLMIL 24 CSDP/PSDC 63 EUMC 45. Heading: NOTĂ PUNCT „I/A”. Originator: Secretariatul General al Consiliului. Recipient: Comitetul Reprezentanților Permanenți / Consiliul. Subject: Acord administrativ între Agenția Spațială Europeană și Centrul Satelitar al Uniunii Europene (SATCEN) privind continuarea cooperării dintre acestea. Commission Document Number: Not Set. Preceeding Document Number: Not Set. Location: Bruxelles. Date: 1 februarie 2024. Interinstitutional Files: Not Set. Institutional Framework: Consiliul Uniunii Europene. Language: RO. Distribution Code: LIMITE. GUID: 5122290102567952185_0) removed ..>
Consiliul
Uniunii Europene
Bruxelles, 1 februarie 2024 (OR. en)
5709/24
LIMITE CORLX 80
CFSP/PESC 116
CSC 38
JAI 108
ESPACE 7
COPS 46
POLMIL 24
CSDP/PSDC 63
EUMC 45
NOTĂ PUNCT „I/A”
Sursă: Secretariatul General al Consiliului
Destinatar: Comitetul Reprezentanților Permanenți / Consiliul
Subiect: Acord administrativ între Agenția Spațială Europeană și Centrul Satelitar al Uniunii Europene (SATCEN) privind continuarea cooperării dintre acestea
1. În 2023 s-au desfășurat negocieri privind un acord administrativ care să permită continuarea cooperării dintre Agenția Spațială Europeană (ESA) și Centrul Satelitar al Uniunii Europene (SATCEN), care au avut ca rezultat un proiect de text. La 13 octombrie 2023, Consiliul de administrație al SATCEN a autorizat directorul SATCEN să negocieze prelungirea acordului administrativ cu ESA.
2. În conformitate cu articolul 20 alineatul (2) din Decizia 2014/401/PESC a Consiliului, acordul administrativ menționat trebuie să fie încheiat de către SATCEN, după aprobarea de către Xxxxxxxx, și semnat de către director.
3. La 9 ianuarie 2024, Comitetul politic și de securitate (COPS), care, în temeiul articolului 3 alineatul (1) din Decizia 2014/401/PESC a Consiliului privind Centrul Satelitar al Uniunii
Europene, supraveghează din punct de vedere politic activitățile SATCEN, a aprobat intenția SATCEN de a semna acordul administrativ cu ESA, în vederea aprobării acestui acord de către Consiliu, după ce a trecut prin Coreper.
4. La 22 ianuarie 2024, Grupul de lucru al consilierilor pentru relații externe (RELEX) a convenit asupra textului proiectului de acord administrativ dintre Agenția Spațială Europeană și Centrul Satelitar al Uniunii Europene privind continuarea cooperării dintre acestea. Textul proiectului de acord figurează în anexă.
5. În aceste condiții, Coreperul este invitat:
- să confirme acordul vizând acordul administrativ dintre Agenția Spațială Europeană și Centrul Satelitar al Uniunii Europene privind continuarea cooperării dintre acestea, astfel cum figurează în anexa la prezenta notă;
- să recomande Consiliului să aprobe proiectul de acord administrativ în vederea semnării acestuia de către directorul SATCEN.
ANEXĂ
ADMINISTRATIVE ARRANGEMENT BETWEEN
THE EUROPEAN SPACE AGENCY AND
THE EUROPEAN UNION SATELLITE CENTRE CONCERNING
THEIR CONTINUED COOPERATION
The European Space Agency, referred to hereinafter as “ESA”, an intergovernmental organisation established by the Convention which was opened for signature in Paris on 30 May 1975 and entered into force on 30 October 1980 (referred to hereinafter as “the ESA Convention”), represented by its Director General, Xxxxx Xxxxxxxxxx, on the one part,
and
The European Union Satellite Centre, referred to hereinafter as “SatCen”, established by the Joint Action 2001/555/CFS on the establishment of a European Union Satellite Centre repealed by COUNCIL DECISION 2014/401/CFSP of 26 June 2014 on the European Union Satellite Centre (referred to hereinafter as “the Council Decision”), represented by its Director, Xxxxx Xxxxxx, on the other part,
in consideration of the following:
i. The mission of SatCen, as defined in Article 2.1 of the Council Decision, is to support the decision making and actions of the Union in the field of the Common Foreign and Security Policy and in particular the Common Security and Defence Policy, including European Union crisis management missions and operations, by providing, at the request of the Council or the High Representative, products and services resulting from the exploitation of relevant space assets and collateral data, including satellite and aerial imagery, and related services;
ii. The purpose of ESA, pursuant to Article II of the ESA Convention, is to provide for and to promote, for exclusively peaceful purposes, cooperation among European States in space research and technology and their space applications, with a view to their being used for scientific purposes and for operational space application systems;
iii. Article XIV.1 of the ESA Convention states that the Agency may, upon decisions of the Council taken by unanimous votes of all Member States, cooperate with other international organisations and institutions and with Governments, organisations and institutions of non-member States, and conclude agreements with them to this effect;
iv. The Framework Agreement between the European Union and the European Space Agency was signed on 25 November 2003 and entered into force on 28 May 2004;
v. The Agreement between the European Union and the European Space Agency on the Security and the Exchange of Information entered into force on 1 August 2008 (hereinafter referred to as the EU-ESA Security Agreement);
vi. The Administrative Arrangement between ESA and the European Union Satellite Centre concerning the establishment of their cooperation entered into force on 23 January 2018 for a period of five years until 22 January 2023 and allowed both parties to benefit from a framework for their mutual cooperation;
vii. The Administrative Arrangement provided in its preamble that the development of close working relations between SatCen and ESA was a result of progress in implementing the following:
- a Resolution on the European Space Policy approved by both the Council of the European Union and the Council of ESA on 22 May 2007, in particular Chapter I 1. and Chapter II B. 8 respectively entitled the “Vision for Europe and general Strategy” and “Security and Defence”;
- a Resolution on “Taking Forward the European Space Policy” approved by both the Council of the European Union and the Council of ESA on 26 September 2008, in particular Chapter III C. entitled “New Priorities within the European Space Policy”;
- “Space Council Orientations” approved by both the Council of the European Union and the Council of ESA on 29 May 2009, in particular the second paragraph of its Preamble regarding cooperative space for security and defence activities;
- a Resolution on "Global challenges: taking full benefit of European space systems" approved by both the Council of the European Union and the Council of ESA on 25 November 2010, in particular Chapter IV entitled “The Role of Space Systems for Security Policies and the Security of Space Systems”;
viii. SatCen’s and ESA’s complementary roles and activities and their continued close cooperation would further strengthen mutual benefits and synergies;
ix. The Council of the European Union, at its meeting on [date], and the ESA Council, at its meeting on [date], approved the text of the arrangement and authorised the SatCen Director and the ESA Director General, respectively, to sign the present arrangement;
HAVE COME TO THE FOLLOWING UNDERSTANDING:
1. Purpose and Objectives of the Cooperation
1.1 The aim of this Arrangement is to provide a structured relationship and a mutually beneficial cooperation between SatCen and ESA through the coordination of activities of mutual interest taking into account their responsibilities and tasks as defined in their constituent acts and fully respecting their institutional settings and operational frameworks.
1.2 The cooperation to be undertaken by SatCen and ESA, in line with their respective purposes, will in particular aim at exploring the added value and contribution of space assets to the development of European capabilities to serve all Member States of ESA and the European Union and to support efforts to better protect Europe and its citizens from crises and risks. The cooperation will also seek to improve synergies between space and security activities.
2. Modalities of the Cooperation
2.1 For the implementation of this Arrangement, SatCen and ESA will undertake, each in compliance with its own prerogatives, legal instruments and procedures, such actions as are required to achieve the purpose of the cooperation provided for in paragraph 1.
2.2 When implementing this Arrangement pursuant to paragraph 1 above, SatCen and ESA will:
- identify those capability gaps or shortfalls that could be filled by space assets for the sustainable and effective implementation of the relevant policies;
- investigate whether identified capability requirements can be shared and thus supported by both SatCen and ESA;
- coordinate research, technology, innovation and demonstration activities, including access to study as appropriate and subject to their respective rules and procedures;
- investigate synergies between existing SatCen and ESA activities and programmes, their future evolution and potential new initiatives of mutual interest;
2.3 Within the scope of this cooperation ESA and SatCen may enter into implementing arrangements for specific projects in accordance with their applicable rules and procedures.
3. Funding
3.1 The activities undertaken in pursuance of this Arrangement are carried out on a voluntary and reciprocal basis, within the existing mandates and in accordance with the internal rules and procedures of SatCen and of ESA respectively. Therefore, no funding will be exchanged in order to carry out the activities under this Arrangement and SatCen and ESA will, unless otherwise provided for in the implementing arrangements referred to in paragraph 2.3, each bear their respective costs and or expenditures they incur under this Arrangement, including travel and subsistence of their respective staff and transportation of all equipment and documentation for which they are responsible.
3.2 In the execution of this cooperation specific activities may require specific financial arrangements, which SatCen and ESA may conclude pursuant to paragraph 2.3 above and in accordance with their applicable rules and procedures.
4. Consultation
SatCen and ESA will consult each other regularly on matters of common interest. SatCen and ESA will inform each other of any initiatives within their activities and programmes which may be of interest to the other.
5. Coordination and Facilitation Mechanisms
5.1 The ESA Director General and the SatCen Director or their representatives will meet at least once a year in particular to agree on a yearly plan of cooperative activities under this Arrangement.
5.2 The ESA Director General and the SatCen Director will appoint a person of contact in their respective organisations for daily contacts and the follow-up of the aforementioned agreed activities.
5.3 SatCen may be invited by the ESA Council to attend, on a case by case basis, meetings of the ESA Council and/or relevant subordinate bodies for agenda points on matters of common interest relating to the implementation of this Arrangement, as an Observer through one or more representatives, without voting rights. SatCen will receive relevant documents to that effect.
5.4 ESA may be invited by the SatCen Board to attend, on a case by case basis, meetings of the SatCen Board for agenda points on matters of common interest relating to the implementation of this Arrangement, as an Observer through one or more representatives, without voting rights. ESA will receive relevant documents to that effect.
6. Disclosure and Use of Information
6.1 SatCen and ESA will exchange information at their disposal which may be required for the implementation of this Arrangement, subject to their respective rules and procedures.
6.2 Except when otherwise provided, SatCen or ESA will not disclose any information exchanged in connection with this Arrangement to any third party other than those officially entitled to handle such information without the written consent of the other nor will they use it for commercial purposes. Such disclosure will extend only so far as may be necessary for the purpose of this Arrangement set out in paragraph 1 and will be treated in strict confidence when and if requested by either SatCen or ESA.
6.3 Nothing in this Arrangement will be construed as granting or implying any rights to, or interest in, patents, patent rights, inventions, copyrights, trade secrets, trademarks, and other proprietary rights of SatCen, ESA or their contractors or subcontractors or of third parties.
7. Exchange of classified information
Noting the EU-ESA Security Agreement, SatCen and ESA agree that a security arrangement between SatCen and ESA will lay down the implementing measures for the exchange of classified information between them in accordance with their respective applicable security regulations.
8. Exchange of Personnel
SatCen and ESA may exchange experts for specified periods in order to share expertise and develop mutual understanding on specific activities agreed by both SatCen and ESA. Such exchanges shall be in conformity with their respective staff regulations and Article 3.1 above.
9. Liability
Implementing arrangements concluded pursuant to paragraph 2.3 of this Arrangement will contain, as appropriate, specific provisions addressing risks related to potential liabilities arising out of the execution of a specific cooperative activity.
10. Coming into effect, Duration, Amendments and Termination
10.1 This Arrangement will come into effect upon signature by both SatCen and ESA, with retroactive effect as from the date of expiration of the foregoing arrangement referred to in section v. of the preamble.
10.2 This Arrangement will remain in effect for 5 years from the date of its coming into effect. It will be automatically extended for subsequent periods of 5 years unless either SatCen or ESA notifies the other in writing of its intention to terminate it, at least six months before the expiry of any of its periods of duration.
10.3 This Arrangement will be reviewed when either ESA or SatCen extends its membership to a State not being a member of the EU or of ESA at the time of coming into effect of this Arrangement.
10.4 This Arrangement will terminate upon the expiry of six months after the receipt of written notification by either SatCen or ESA sent by the other.
10.5 If pursuant to paragraph 10.4 above, the Arrangement ceases to have effect on account of any such termination, its provisions will continue to apply for the period and to the extent necessary to secure the implementation of any specific implementing arrangements entered into pursuant to paragraph 2.3 above and still effective on the date upon which the present Arrangement ceases to have effect.
10.6 This Arrangement will be amended only by written agreement between SatCen and ESA in accordance with their respective rules and procedures.
11. Settlement of Disputes
11.1 Any dispute in the interpretation or implementation of the terms of this Arrangement will be referred to the Director General of ESA and the Director of SatCen for settlement.
11.2 Implementing arrangements as referred to in paragraph 2.3 of this Arrangement will contain their own dispute-settlement provisions, which will include the procedures and modalities for arbitration.
This Arrangement is drawn up in two originals in the English language which are authoritative for the purpose of interpretation. Translations of this Arrangement may be provided by SatCen and ESA in accordance with their respective rules and procedures.
[Date, Place and Signatures]
For the European Space Agency For the European Union Satellite Centre