TREATIES AND OTHER INTERNATIONAL ACTS SERIES 03-624

________________________________________________________________________

SATELLITES

Polar Orbiting

Agreement between the

UNITED STATES OF AMERICA

and EUMETSAT

Agreement Signed at Darmstadt June 4, 2003 

 with

Annex
 NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
EUMETSAT

Satellites: Polar Orbiting

Agreement signed at Darmstadt June 24, 2003;

 Entered into force June 24, 2003;

 With Annex. 
AGREEMENT

BETWEEN

THE UNITED STATES NATIONAL OCEANIC 

• ATMOSPHERIC ADMINISTRATION (NOAA

AND

THE EUROPEAN ORGANISATION

FOR THE

EXPLOITATION OF METEOROLOGICAL

SATELLITES (EUMETSAT)

ON

•

JOINT TRANSITION ACTIVITIES REGARDI

POLAR-ORBITING OPERATIONAL ENVIRONM

SATELLITE SYSTEMS
The United States National Oceanic and Atmospheric Administration (hereinafter re

"NOAA"), representing the interests of the National Aeronautics and Space Adm

(NASA), and the Department of Defense (DoD) and other interested U.S. Government 

and

The European Organisation for the Exploitation of Meteorological Satellites (hereinaf

to as "EUMETSAT") established by the Convention opened for signature in Geneva 

1983 and entered into force on June 19, 1986, as amended by the Amending Protocol 

EUMETSAT Council Resolution EUM/C/Res XXXVI, which entered into force on No

2000;

RECALLING that EUMETSAT and NOAA have enjoyed long-standing and fruitful 

• in the field of operational earth observation from space for meteorological purposes;

RECALLING that EUMETSAT has established the EUMETSAT Polar System (EPS) P

comprising a series of three Metop Satellites;

RECALLING that NOAA and EUMETSAT expanded their cooperation to the field of 

polar-orbiting satellites through the Agreement between NOAA and EUMETSAT o

Joint Polar-orbiting Operational Satellite System (UPS) on November 19, 1998;

RECALLING that with the entry into force of the Amending Protocol to the EU

Convention, a new objective of EUMETSAT is to contribute to the operational monito

climate and the detection of global climatic changes;

RECOGNIZING the essential role environmental satellite data, particularly imaging and 

have had in global weather forecasting, and the importance of these data to research 

change, environmental monitoring and other sectors of the global earth observation an

user communities;

RECOGNIZING the benefits to the meteorological, other scientific, and applications c

in having rapid access to the data of these missions;

RECOGNIZING specifically the need to maintain continuity of these global env

measurements from space-borne instruments in polar orbit;

NOTING that the United States has initiated the development of the tri-agency (DoD, 

NOAA) National Polar-orbiting Operational Environmental Satellite System (NPOESS

NOAA's Polar-orbiting Operational Environmental Satellite (POES) series and DoD

Meteorological Satellite Program (DMSP) series;

NOTING that the nominal implementation of the NPOESS system is expected 

observations from the early-morning, mid-morning and afternoon orbits until 2018;
EUMETSAT and the European Space Agency (ESA), as amended on April 26, 20

Agreement on ARGOS for the three Metop satellites between EUMETSAT and Cent

d'Etudes Spatiales (CNES) of February 27, 2001;

NOTING that the nominal implementation of the EPS system is expected to provide o

from the mid-morning orbit until 2018;

NOTING the Memorandum of Agreement among the Governments of the U.S., C

France concerning cooperation in a Search and Rescue Satellite System of Septemb

and the Memorandum of Understanding between NOAA and CNES for the AR

Collection and Platform Location System of March 26, 1986, as amended for NO

NOAA-N;

NOTING the existing commitments of the United States, and several European St

Search and Rescue Program and that Program's long association with the operational po

satellites;

NOTING that, in the IJPS Agreement, NOAA and EUMETSAT recognize the benefit 

data continuity beyond the initial satellite series, continue to plan for the uninterrupted 

of data from their respective polar-orbiting satellite systems;

NOTING that NOAA and EUMETSAT acknowledge their willingness to imp

observations beyond IJPS;

NOTING that additional agreements are necessary to ensure this continuity beyond NO

Metop-2;

NOTING that Article 13 and the Procedures and Process for Decision Making and Imp

of Data Denial on U.S, Instruments (Data Denial Annex) of the IJPS Agreement, signed 

19, 1998, are restated in this Agreement as Article 13, and Data Denial Annex, respectiv

CONFIRMING the undertaking of NOAA and EUMETSAT to create the conditions fo

cooperation beyond IJPS and the present Agreement and for the establishment of a 

polar system;

HAVE AGREED AS FOLLOWS:

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PURPOSE AND SCOPE

1 .1 This Agreement defines terms of cooperation between NOAA and EUMETS

referred to as the Parties, during the transition from the IJPS Agreement to a

for a future joint polar system.

1.2 The Joint Transition Activities (hereinafter referred to as JTA or JT Activities

this Agreement involve elements of three polar-orbiting satellites systems: POE

NPOESS that will maintain complementary polar orbits.

For the purposes of this Agreement, the POES Series consists of NOAA N a

afternoon orbit. The EPS Series consists of Metop-1, -2, and -3 in the mid-mo

As currently planned by the U.S. Government, the NPOESS Series will co

NPOESS satellites (C-1 through C-6) in three orbital planes (early morning, m

• and afternoon orbits). NOAA N, N' and Metop-1, -2 are the IJPS satellites as 

the IJPS Agreement.

1.3 The Joint Transition Activities defined by this Agreement include:

1) Metop-3 satellite activities for the continuation of data fro

mission, including provision of NOAA POES instr

EUMETSAT for flight on Metop-3;

2) Sharing of data and data products from Metop-3 and the NP

and cross-support;

3) Additional transition activities; and

4) Planning for future cooperation on a joint polar system.

Article 2

NOAA RESPONSIBILITIES

•

2.1 METOP-3 SATELLITE ACTIVITIES

NOAA shall:

2.1.1 Subject to 2.1.2 and 2.1.7, take all reasonable efforts to provide the 

NOAA POES instruments to EUMETSAT for flight on the Metop-3 sate

1) Advanced Very High Resolution Radiometer (AVHRR) p

support the optimum implementation of the Infrared A

Sounding Interferometer (IASI) sounding mission on Metop-

that the NPOESS Visible/Infrared Imager Radiometer Suite

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midmorning orbit;

2) Advanced Microwave Sounding Unit (AMSU-A); and

3) Space Environment Monitor (SEM).

2.1.2 Provide the instruments described in 2.1.1 above for integration on M

the understanding that these instruments are spares for the IJPS satell

such:

•

1) They will be fully available to EUMETSAT after all the UP

are launched;

2) Prior to the launch of all IJPS satellites, use of the instrument

initial assembly, integration and testing of the Metop-3 satel

in a manner consistent with their status as spares for the UP

and the overall IJPS schedule, and taking into consideration t

of the Metop industrial contract; and

3) NOAA cannot, at any given time, warrant the readines

instruments for flight on Metop-3.

2.1.3 Support initial integration and test of the NOAA instruments described i

the Metop-3 satellite.

2.1.4 Until the launch of the last IJPS satellite currently planned in January 20

1) Maintain the NOAA-provided instruments listed in 2.1.

Ground Support Equipment, after their release following the 

of initial integration and test on Metop-3; and

2) Provide contingency support.

2.1.5 For SEM, continue to provide relevant pre-launch support, as necessar

launch of Metop-3, and provide relevant support to commissioning and 

including contingency support.

• 2.1.6 For all other NOAA instruments described in 2.1.1 and selected by EU

for flight on Metop-3, procure support from U.S. contractors on 

EUMETSAT, or provide assistance to EUMETSAT for procuring such 

EUMETSAT to fulfill its obligations under Article 3.1.3 below.

2.1.7 Allow the continued use, beyond the IJPS time frame, of NOAA's electr

support equipment necessary to test the NOAA-provided instrume

mechanical and targeting equipment necessary for integration and test.

2.1.8 Provide technical information and assistance to EUMETSAT, as nec

EUMETSAT to assess the feasibility and cost of accommodating an

Advanced Technology Microwave Sounder (ATMS) on Metop-3, 

AMSU-A.

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2.1.9 Should EUMETSAT decide to fly the ATMS on the Metop-3 satellite, 

behalf and with the support of EUMETSAT, a Metop-compatible ATMS 

and related support to Metop-3 activities from U.S. contractors.

2.1.10 Provide commanding access and housekeeping telemetry acquisition t

EUMETSAT Metop-3 satellite on request for specific operations (e.g.

early orbits, commissioning phase, and contingency).

2.2 PROVISION OF DATA AND DATA PRODUCTS

NOAA shall:

2.2.1 Subject to Article 7, make available to EUMETSAT the data and da

from the NPOESS satellite instruments. The instruments planned fo

include:

1) Visible/Infrared Imager Radiometer Suite (VIIRS)

2) Cross-track Infrared Sounder (CrIS)

3) Advanced Technology Microwave Sounder (ATMS)

4) Conical-scanning Microwave Imager/Sounder (CMIS)

5) Ozone Mapper and Profiling Suite (OMPS)

6) GPS Occultation Sensor (GPSOS)

7) Space Environmental Sensor Suite (SESS)

8) Earth Radiation Budget Sensor (ERBS)

9) Total Solar Irradiance Sensor (TSIS)

10) Radar Altimeter (ALT) (Data products will include Prec

Determination (POD) information)

11) Aerosol Polarimeter Sensor (APS)

12) Data Collection System (DCS/ARGOS)

13) Search and Rescue (SARSAT)

2.2.2 Notify EUMETSAT when data denial implementation is required on 

NOAA-provided instruments on Metop-3 in accordance with Article 7.4

2.2.3 For the mid-morning orbit, rely on atmospheric temperature and humidi

data and products (Level 1 and Level 2) derived from EUMETSAT

infrared and microwave sounding instruments flown on the Metop s

meet U.S. objective requirements.

2.2.4 Provide to EUMETSAT all technical details necessary for the r

processing of data from the NPOESS satellites including those neede

data and data received from:

1) Low Rate Data (LRD) of NPOESS, which implements the 

High Resolution Picture Transmission (AHRPT) standard; and

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frequencies and contains the complete, full resolution NPOE

including all sensor data and auxiliary data necessary to g

NPOESS Environmental Data Records.

Article 3

EUMETSAT RESPONSIBILITIES

3.1 METOP-3 SATELLITE ACTIVITIES

EUMETSAT shall:

3.1.1 Integrate and test onto the Metop-3 satellite those instruments describe

2.1.1 that have been provided by NOAA in suitable condition and withi

compatible with EUMETSAT's needs.

3.1.2 Provide all necessary requirements and information for NOAA t

responsibility as defined in 2.1.6.

3.1.3 For all NOAA-provided instruments to be flown on Metop-3, with the e

SEM and its Ground Segment Equipment, provide, at EUMETSAT cost

1) Maintenance, storage of instruments and their Ground Support 

and contingency support, as required for Metop 3 activiti

launch of the last UPS satellite currently planned in January 20

2) De-storage of the NOAA instruments and support to their 

final integration and test on the Metop 3 satellite; and

3) Support to Metop-3 pre-launch and commissioning activities.

3.1.4 Provide to NOAA technical and interface data and other requirements a

for NOAA to assist EUMETSAT in the assessment of the fe

accommodating and flying the ATMS on Metop-3.

3.1.5 Make the final decision on the instruments to be flown on the Metop-3 

inform NOAA.

3.1.6 Should EUMETSAT decide to fly ATMS on the Metop-3 satellite 

AMSU-A, provide to NOAA technical and interface data and other E

requirements and support, as necessary, for NOAA to procure, o

EUMETSAT and at EUMETSAT cost, a Metop-compatible ATMS inst

related support to Metop-3 activities from U.S. contractors.

3.1.7 Operate and monitor the NOAA-provided instruments flown on th

satellite.

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3.2 PROVISION OF DATA AND DATA PRODUCTS

EUMETSAT shall:

•

3.2.1 Subject to Article 7, make available to NOAA the data and data produ

Metop-3 satellite instruments. The instruments planned for Metop-3 for 

mid-morning orbit include:

1) The NOAA-provided instruments;

2) Infrared Atmospheric Sounding Interferometer (IASI);

3) Advanced Scatterometer (ASCAT);

4) Global Navigation Satellite System Receiver for Atmospheri

(GRAS);

5) Microwave Humidity Sounder (MHS);

6) Global Ozone Monitoring Experiment-2 (GOME-2);

7) Data Collection System (DCSARGOS).

3.2.2 Implement data denial from NOAA-provided instruments on Met

requested by NOAA, in accordance with Article 7.4.

3.2.3 Provide to NOAA all technical details necessary for the receipt and pr

data from the Metop-3 satellite, including those needed for global da

received from the direct broadcast services of Low Resolution Picture T

(LRPT) and AHRPT.

Article 4

JOINT RESPONSIBILITIES

4.1 PROVISION OF DATA AND DATA PRODUCTS

• Both Parties shall:

4.1.1 Establish telecommunication links between the Parties necessary to 

timely and reliable exchange of telemetry, telecommands, and global d

to JT Activities including timely exchange of ancillary data required t

data.

4.1.2 Make available to the other Party all data collected in connectio

Agreement in a timely manner in accordance with the provisions of Artic

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4.1.3 Subject to Article 10.1.5, collaborate with the other Party on deve

software to utilize the JTA data, as appropriate. Such cooperation by 

may include exchange of source and object code. Any distribution of t

software will be on a not-for-profit basis. The Parties may coll

development of other software, as appropriate, and exchange the resulti

in source and object form.

4.1.4 Subject to Article 10.1.5, in order to coordinate direct broadcast servic

NPOESS and Metop satellites and to optimize the value of the overal

their respective users, taking into account recommendations from the C

Group of Meteorological Satellites (CGMS) and the World Mete

Organization (WMO), NOAA and EUMETSAT shall exchange in

regarding the content of the Metop-3 AHRPT and NPOESS LRD broadc

4.2 ANOMALY OR EMERGENCY

When requested, make all reasonable efforts to assist the other Party in cases of 

emergency situations.

4.3 LAUNCH FAILURE

In the case of failure of any of the NPOESS or Metop-3 satellites, the Parties s

on actions necessary, if any, to ensure continuity of data from these satellite sys

into account the need and priorities for service continuity and their respective as

launch policies.

4.4 ADDITIONAL TRANSITION ACTIVITIES

With a view to their early implementation, both Parties shall continue 

cooperative activities in the following areas:

1) Delivery mechanisms (timeliness, format), and shared data 

and distribution;

2) Optimization of the configuration, and use, of ground sy

(including the mutual use of the Svalbard ground stations);

3) Tandem/formation operation of NPOESS and Metop satellites

4) Risk mitigation, such as;

5) Preparatory activities, e.g., in the framework of the NPOESS 

Project;

6) Possible bridge missions;

7) Satellite-based ocean altimetry; and

8) Any other activities that may be identified by the Parties.

Any specific cooperation identified in Article 4.4 may, if necessary, require 

agreement.

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Article 5

PLANNING FOR FUTURE COOPERATION ON A JOINT POLAR SY

Both Parties shall:

5.1 Work together on a long-term basis to define a joint polar system based on co

requirements and agreed upon technical concepts and implementation responsib

5.2 Based on Article 5.1, undertake preparation of an agreement for the co

implementation of a future joint polar system.

5.3 Make all reasonable efforts to have the agreement for a future joint polar syste

signature within 8 years of signature of the JTA Agreement, in order to ensure c

data and services from the systems identified in Article 1.2.

Article 6

FUNDING

6.1 Each Party shall bear the costs of fulfilling its respective responsibilities 

Agreement. As a general rule, there shall be no exchange of funds between 

except as provided for in Articles 2.1.6, 2.1.9, 3.1.3 and 3.1.6 above. This does n

one Party from transferring funds to the other Party to facilitate implementati

obligations of the transferring Party under the Agreement. Such transfer

negotiated on a case-by-case basis, and agreed to in writing by the Parties.

6.2 The financial obligations of NOAA and EUMETSAT under this Agreement ar

the funding procedures of the respective Parties and to the availability of ap

funds.

6.3 The cost of transporting equipment required for the execution of this Agreeme

Party to a first destination of the other Party shall be borne by the Party disp

equipment. The receiving Party shall be responsible for any subsequent transpo

of the equipment to the Party of original dispatch.

6.4 Costs for telecommunications and related services provided by third part

exchange of data and relay of commands between the Parties, if required, shall 

the Party receiving the data unless otherwise agreed.

Article 7

DATA POLICY

7.1 The Parties shall make available to each other all data collected in connectio

Agreement without any conditions as to the Parties' official duty use.

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7.2 All data from NPOESS satellites will be provided to other users in accordan

U.S. data policy.

7.3 All data from Metop-3 will be provided to other users in accordance with the E

data policy. However, EUMETSAT will not control access to the data from 

instruments on the Metop-3 satellite. EUMETSAT will limit the application 

policy concerning use of data from such NOAA instruments to the territories of 

States and Cooperating States.

7.4 Denial of critical data for military purposes from NOAA-provided instruments 

identified in Articles 2.1.1 is hereby subject to the Annex hereto. Reciprocal ar

to those contained in the procedure in the Data Denial Annex can be establish

NOAA and EUMETSAT. Implementation of data denial of NOAA provided 

on Metop-3 will be in accordance with procedures developed under the UPS Ag

Metop-1 and -2.

7.5 Denial of critical data for military purposes from NPOESS instruments id

Articles 2.2.1 will be in accordance with the U.S. policy to selectively de

environmental data to an adversary during crisis or war yet ensure the use of s

the U.S. and non-adversaries.

7.6 This Article does not apply to the SARSAT and ARGOS instruments.

Article 8

MANAGEMENT, CONSULTATION, COORDINATION AND IMPLEMENT

8.1 MANAGEMENT AND CONSULTATION

8.1.1 While the Parties JTA management structures remain independent, each 

consult as necessary with the other Party on any matter under its contr

affect the implementation of this Agreement.

8.1.2 The Parties shall organize joint meetings whenever matters of mutual in

to be discussed.

8.1.3 In order to facilitate the necessary level of management and consulta

high level group, co-chaired by the EUMETSAT Director-General and 

Assistant Administrator for Satellite and Information Services, shall me

months, or as appropriate, to review the implementation of this Agreem

each meeting, the Parties shall prepare and exchange reports on the e

their tasks.

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For each of the Joint Transition Activities identified in this Agreement, each 

nominate a manager responsible for implementation and for ensuring close coo

NOAA and EUMETSAT responsibilities; and shall jointly establish an

implementation documents associated with the activities between N

EUMETSAT. In the event of inconsistency between implementation docume

Agreement, this Agreement shall prevail.

8.3 EXCHANGE OF REPRESENTATIVES

8.3.1 Each Party may select an individual to be located at the premises of the oth

purposes of liaison regarding this Agreement.

•

8.3.2 The Representatives shall facilitate the cooperative relationship between 

subject to Article 10.

8.3.3 The sending Party shall remain responsible for all employment aspects 

representative. The receiving Party shall provide adequate office infrast

facilitate the issuance of any necessary visas and permits required by the rep

of the other Party to support the activities related to this Agreement.

Article 9

TITLE AND RISK

Title and risk of loss and damage to supplies, defined for the purposes of this Agre

hardware and software furnished to one Party by the other Party, is retained by the prov

If a supply is lost or damaged, the providing Party, in consultation with the other 

determine whether the providing Party shall restore the supply, taking into considerati

to maintain continuity of operational environmental data obtained from satellites in pola

the potential cost and the availability of industrial support to maintain and repair 

• Should the providing Party determine that it will not restore the supply, the other Party 

to do so.

Article 10

RELEASE OF INFORMATION

10.1 EXCHANGE OF TECHNICAL DATA, GOODS AND SOFTWARE

Each Party shall transfer to the other Party those technical data, goods an

necessary to fulfill the responsibilities of the transferring Party under this A

subject to the following:
10.1.1 The Parties shall exchange interface, integration, and safety data (exclud

design, manufacturing, and processing data, and associated softwa

restrictions as to use or disclosure.

10.1.2 If a Party transfers technical data or software, other than those s

paragraph 1 above, that are proprietary, and for which protecti

maintained, that Party shall mark such data or software with a notice ind

they shall not be used or disclosed by the receiving Party and its cont

subcontractors except for the purposes of fulfilling the receiv

responsibilities under this Agreement, and that the data or software 

disclosed or retransferred to any other entity without prior written perm

furnishing Party.

10.1.3 If a Party transfers technical data, software and goods that are to be p

export control purposes, that Party shall mark with a notice, or 

specifically identify, such technical data, software or goods indicating th

shall not be disclosed and that such data, software and goods shall not 

the receiving Party and its contractors and subcontractors except for the 

fulfilling the receiving Party's responsibilities under this Agreement. T

identification shall also provide that such data and software shall not b

and that such data, software and goods shall not be retransferred, to any 

without prior written permission of the furnishing Party.

10.1.4 The Parties shall abide by the terms of any notice or identification spec

Article and to protect the marked or identified data, software and 

unauthorized use or disclosure. To this end, each Party shall take al

steps, including ensuring appropriate contractual conditions in their co

subcontracts to ensure that contractors and subcontractors protect th

identified data, software or goods. The Parties are under no obligation to 

unmarked or unidentified technical data, software or goods.

10.1.5 Nothing in this Agreement requires the Parties to transfer technical da

and goods contrary to relevant laws relating to export controls. Spec

may involve export licenses, technical assistance agreements, or o

mechanisms.

10.2 RELEASE OF PUBLIC INFORMATION

Each Party may release to the public information of a general, non-techn

regarding this Agreement and its implementation after ensuring, through consu

the other Party when necessary, that this information is fairly and accurately rep

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Article 11

LIABILITY

11.1 (a) NOAA and EUMETSAT agree to a cross-waiver of liability pursuant to 

Party waives all claims against any of the entities or persons listed belo

injury to persons or damage to property. This cross-waiver shall apply 

person, entity or property causing the damage is involved in activitie

Agreement and the person, entity or property damaged is damaged by 

involvement in activities under this Agreement. The cross-waiver shall 

claims for damage, whatever the legal basis for such claims, includ

limited to tort (including negligence of every degree and kind) and contr

1) The other Party;

2) A related entity of the other Party (contractor or subc

collaborating organization, contractor or subcontractor of a c

organization);

3) The employees of the other Party or its related entities.

(b) In addition, each Party shall extend the cross-waiver of liability as 

Article 11.1 to its own related entities by requiring them, by contract o

to waive all claims against the entities identified in (1) through (3) above

(c) For avoidance of doubt, this cross-waiver of liability includes a cros

liability arising from the Convention on the International Liability f

Caused by Space Objects of March 29, 1972 (Liability Convention)

person, entity or property causing the damage is involved in activitie

Agreement, and the person, entity or property damaged is damaged by 

involvement in activities under this Agreement.

(d) Notwithstanding the other provisions of Article 11.2 this cross-waive

shall not be applicable to:

1) Claims between a Party and its own related entities or betw

related entities;

2) Claims made by a natural person, his/her estate, survivors, 

for injury or death of such natural person;

3) Claims for damage caused by willful misconduct;

4) Intellectual property claims.

(e) Nothing in this Article shall be construed to create the basis for a c

where none would otherwise exist.

11.2 The Parties shall ensure that any agreement for the use of data resulting 

Agreement expressly provides that neither Party can guarantee the timeliness o

of these data for any purpose, and shall not be liable for any damage which may 

the defective operation of the systems described in this Agreement.

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11.3 In the event of a claim arising out of the Liability Convention as a result of activ

this Agreement, the Parties shall consult promptly on any potential liabi

apportionment of such liability, and on the defense of such claim.

Article 12

SETTLEMENT OF DISPUTES

12.1 Any dispute in the interpretation or implementation of the terms of this Agr

cannot be resolved by the nominated managers shall be referred to the signat

Agreement for settlement.

12.2 Any dispute in the interpretation or implementation of the terms of this Agr

cannot be resolved by the signatories of this Agreement may, upon agreem

Parties, be submitted to conciliation, mediation, arbitration or other form 

resolution.

Article 13

TAXES AND CUSTOMS

Each Party shall facilitate customs clearance and freedom from import duties, taxe

charges for System-related equipment moving between countries concerned. Further

shall facilitate the issuance of any necessary visas and permits to staff engaged in th

related to this Agreement.

Article 14

ENTRY INTO FORCE, AMENDMENTS, TERMINATION, DURATION

14.1 This Agreement shall enter into force upon signature of both Parties and shal

force until the end of operational life of the last satellite referred to in this Agreem

14.2 The Agreement may be extended or amended by written agreement of the Partie

14.3 In the event of, inter alia, major technical schedule or funding difficulties and i

reasonable efforts the difficulties cannot be resolved, either Party may ter

Agreement ensuring, however, that any major disadvantages for the othe

considered. If a Party gives notice of termination, the Parties shall reach agreem

as possible concerning the terms and conditions of termination, with a vi

ensuring the orderly reorganization or termination of this cooperation.

14.4 Termination of this Agreement shall not affect a Party's continuing obliga

Articles 7, 10, and 11 unless otherwise agreed by the Parties.

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IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Ag

DONE at 0A 44,5 1741,7

the English r language.

, this 7,day of ✓.vE 

, 2003, in two o

FOR THE FOR THE

UNITED STATES NATIONAL EUROPEAN ORGANISATION FO

OCEANIC AND ATMOSPHERIC THE EXPLOITATION OF

ADMINISTRATION: METEOROLOGICAL SATELLITE

Conrad C. Lautenbacher, Jr. Dr. Tillmann Mohr

Vice Admiral, U.S. Navy (Ret.) Director-General

Under Secretary of Commerce for

Oceans and Atmosphere

I certify thi tq b a true copy of the signed original -

4.71,_
AGREEMENT

PROCEDURE AND PROCESS FOR DECISION MAKING

AND IMPLEMENTATION OF DATA DENIAL

ON U.S. INSTRUMENTS

1. U.S. Cabinet-level authority assess whether a crisis or war situation exi

developing, which would require selective denial of critical data fro

provided instruments on Metop-1, -2, and —3 to an adversary.

Such assessment will be based on the following definitions:

Crisis or War

Crisis or war is an international situation involving U.S. and/or Allied op

which could range across the spectrum of military operations. This sp

would include:

A major regional conflict;

A peacemaking or peacekeeping operation involving U.S. and 

personnel and resources;

A humanitarian operation involving U.S. and Allied person

resources; or

A show of force operation (such as deploying naval or ground f

reflect international disapproval) involving U.S. and Allied person

resources.

In all of these situations, a rigorous assessment would be carried out to d

whether U.S. and Allied personnel and resources could be adversely imp

an adversary's access to the data.

Critical Data

Data denial may be applied to data which an adversary might use to su

enhance military planning and operations. For example, satellite visual, 

or microwave imagery and infrared or microwave atmospheric so

information have offensive and defensive military applications and are co

critical environmental data.

Adversary

A state or group of states or a politically unrecognized force within a 

group of states which pose a distinct threat to the U.S. or its Allies, es

regarding military operations.

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consults with him on the implementation of data denial.

3. U.S. Cabinet level authority analyzes the situation to determine wh

accordance with 1 above and the criteria hereunder the data from U.S. ins

should be denied. U.S. Cabinet level authority makes determination.

Criteria for determination:

Whether a condition of crisis or war exists or is developing and 

the crisis or war poses an immediate and serious threat to U.

national security objectives such as whether it affects the lives o

Allied personnel and resources;

An adversary's ability to receive and exploit environmental data f

sensors for military purposes;

An adversary's ability to receive and exploit similar environme

from other sources for military purposes;

What advantage the data from the U.S. instruments would pr

adversary, given that similar data may be available from other sou

The impact of denying data to non-adversaries who may also be 

by data denial;

The U.S. would consider its international obligations, including th

EUMETSAT and its members, in making a decision on data denia

4. Senior NOAA official consults with EUMETSAT Director-General and 

to him the determination of the U.S. Cabinet level authority. Senio

official requests EUMETSAT Director-General to implement data denial:

To a specific user;

To a group of users;

To a geographic region; or

To all users except the National Meteorological Services of th

States and the EUMETSAT Member States who will not redistr

data except as agreed to by the Parties; and

Within a specific time frame.

5. The EUMETSAT Director-General authorizes the implementation of da

in accordance with the criteria and procedure above.

On request of either Party, consultations should take place at any time wi

to end data denial. Except as provided for in paragraph 6 hereafter data d

stop 120 days after it starts.

6. If the U.S. Cabinet level authority reassesses the situation and determ

accordance with the above criteria that data denial shall be extended bey

days or continued in a different form, steps 1 through 5 would apply again

7. The Parties shall take appropriate measures to protect sensitive info

exchanged under this Annex.

-17-
AMENDMENT TO THE AGREEMENT

BETWEEN

THE UNITED STATES

NATIONAL OCEANIC AND ATMOSPHERIC

ADMINISTRATION (NOAA)

AND

THE EUROPEAN ORGANISATION

FOR THE EXPLOITATION OF METEOROLOGICAL

SATELLITES (EUMETSAT)

ON

JOINT TRANSITION ACTIVITES

REGARDING POLAR-ORBITING OPERATIONAL

ENVIRONMENTAL SATELLITE SYSTEMS
The United States National Oceanic and Atmospheric Administration (herein

referred to as "NOAA"), representing the interests of the National Aeronautics and S

Administration (NASA), and the Department of Defense (DoD) and other interested U

Government agencies,

and

The European Organisation for the Exploitation of Meteorological Satellites (herein

referred to as "EUMETSAT") established by the Convention opened for signature in Ge

on May 24, 1983, and entered into force on June 19, 1986, as amended by the Amend

Protocol attached to EUMETSAT Council Resolution EUM/C/Res XXXVI, which ent

into force on November 19, 2000,

RECALLING that EUMETSAT and NOAA have enjoyed long-standing and fru

cooperation in the field of operational earth observation from space for meteorolog

purposes,

RECALLING that NOAA and EUMETSAT signed, on 24 June 2003, an Agreement on J

Transition Activities Regarding Polar-Orbiting Operational Environmental Satellite Syste

hereinafter referred to as "the JTA Agreement,"

TAKING INTO ACCOUNT that, following the NOAA decision to rebuild NOAA 

NOAA has confirmed to EUMETSAT its decision to make available to EUMETS

AVHRR and AMSU-A instruments for integration on the Metop-3 satellite, despite 

unexpected cost impacts,

TAKING INTO ACCOUNT that NOAA has also confirmed its requirement for a re-te

MHS instrument for integration on the NOAA N' satellite,

NOTING that EUMETSAT has agreed to re-test the MHS instrument, at no cost to NO

despite the unexpected cost impacts,

AWARE that the NOAA has offered, in return for the MHS re-testing, to extend its sup

for the AMSU-A instrument designated for integration on the Metop-3 satellite, at no co

EUMETSAT,

CONSCIOUS that the above undertaking by NOAA regarding the long term suppo

AMSU-A will alter some of the provisions of the JTA Agreement,

WISHING therefore to adjust the JTA to the new circumstances,

HAVE AGREED AS FOLLOWS:
The JTA Agreement between NOAA and EUMETSAT shall be amended as follows:

1. Article 2, Paragraph 2.1.1 shall read:

"Subject to 2.1.2 and 2.1.7, take all reasonable efforts to provide the following NO

POES instruments to EUMETSAT for flight on the Metop-3 satellite:

1) Advanced Very High Resolution Radiometer (AVHRR) provide

support the optimum implementation of the Infrared Atmosph

Sounding Interferometer (IASI) sounding mission on Metop

assuming that the NPOESS Visible/Infrared Imager Radiometer S

(VIIRS) provides the primary stand alone imaging mission in the m

morning orbit; and

2) Advanced Microwave Sounding Unit (AMSU-A)."

2. Article 2, Paragraph 2.1.5 shall read:

"For AMSU-A, continue to provide relevant pre-launch support, as necessary, until 

launch of Metop-3, and provide relevant support to commissioning activities. Sho

the launch of Metop-3 occur after mid-2015, any support for pre-launch 

commissioning activities shall be provided by NOAA to EUMETSAT o

reimbursable basis pursuant to Article 6.1."

3. Article 2, Paragraph 2.1.6 shall read:

"For the AVHRR instrument for flight on Metop-3, procure support from U

contractors on behalf of EUMETSAT, or provide assistance to EUMETSAT 

procuring such support, for EUMETSAT to fulfil its obligations under Article 3

below."

4. Article 3, Paragraph 3.1.3 shall read:

"For all NOAA-provided instruments to be flown on Metop-3, with the exceptio

AMSU-A and its Ground Segment Equipment, provide, at EUMETSAT cost:

1) Maintenance, storage of instruments and their Ground Support Equipm

and contingency support, as required for Metop-3 activities after 

launch of the last UPS satellite currently planned in January 2010;

2) De-storage of the NOAA instruments and support to their subsequent f

integration and test on the Metop-3 satellite; and

3) Support to Metop-3 pre-launch and commissioning activities."
"For the AMSU-A instrument, should Metop-3 be launched after mid-2015, reimb

NOAA, pursuant to Article 6.1, for any support for pre-launch and commission

activities provided by NOAA."

6. The following paragraphs of Article 3 of the JTA Agreement are renumbered:

Article 3.1.4 is renumbered as 3.1.5

Article 3.1.5 is renumbered as 3.1.6

Article 3.1.6 is renumbered as 3.1.7

Article 3.1.7 is renumbered as 3.1.8

7. Article 6, Paragraph 6.1 shall read:

"Each Party shall bear the costs of fulfilling its respective responsibilities under 

Agreement. As a general rule, there shall be no exchange of funds between the Par

except as provided for in Articles 2.1.5, 2.1.6, 2.1.9, 3.1.3, 3.1.4 and 3.1.7 above. T

does not preclude one Party from transferring funds to the other Party to facili

implementation of other obligations of the transferring Party under the Agreem

Such transfers would be negotiated on a case-by-case basis, and agreed to in writing 

the Parties."

Article 2

This Amendment shall enter into force upon signature of both Parties.

Article 3

All other provisions of the JTA Agreement remain valid and in force.
Agreement.

DONE in two originals in the English language.

FOR THE

UNITED STATES NATIONAL

OCEANIC AND ATMOSPHERIC

ADMINISTRATION:

Ms VA51¢• LIS*

Conrad C. Lautenbacher, Jr. Date and Place

Vice Admiral, U.S. Navy (Ret.)

Under Secretary of Commerce for

Oceans and Atmosphere

FOR THE

EUROPEAN ORGANISATION

FOR THE EXPLOITATION OF

METEOROLOGICAL SATELLITES:

OPPG))11- 20 ?a vt,141-1 2013 ) b-ottivw of

Dr. Lars Prahm Date and Place

Director-General