Framework Agreement between the European Community and the European Space Agency
Date: 2003-11-25
Institutions: European Community, European Space Agency
Subjects: agreement (EU), scientific cooperation, space policy

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EN

Official Journal of the European Union

6.8.2004

FRAMEWORK AGREEMENT

between the European Community and the European Space Agency

THE EUROPEAN COMMUNITY,

and

THE EUROPEAN SPACE AGENCY,

(hereafter also collectively referred to as the Parties)

WHEREAS the European Community and the European Space Agency (ESA) consider that closer cooperation between
them will strengthen the peaceful use of space as an important tool to contribute to European cohesion and economic
growth and will allow space-related activities to be brought to a wider political, economic, scientific, environmental and
social framework more directly at the service of European citizens;

WHEREAS each Party is confident that such cooperation will create added value for the benefit of European citizens;

WHEREAS the Parties recognise that they have specific complementary and mutually reinforcing strengths and are
committed to cooperating in an efficient and mutually beneficial manner and to avoiding any unnecessary duplication of
effort;

WHEREAS space technology has become a unique and critical technology enabling the Community to address and
achieve a large number of the goals of its policies, notably related to information society, transport and environmental
protection;

HAVING REGARD TO the various Resolutions adopted by the Council of the European Union (1) and by the Council of
the European Space Agency (2) and to the Council of the European Union Conclusions of 10 December 2001, the said
two Councils have encouraged the establishment of a framework for cooperation between the Parties, while maintaining
their respective distinct tasks and responsibilities;

WHEREAS Decision No 676/2002 of the European Parliament and of the Council of 7 March 2002 on a regulatory
framework for radio spectrum policy in the European Community (Radio Spectrum Decision) is relevant, given that any
space systems or applications will depend on the availability of radio frequencies,

HAVE AGREED AS FOLLOWS:

Article 1

Purpose of the cooperation

The aim of
following issues:

this Framework Agreement

is to address the

1. The coherent and progressive development of an overall
European Space Policy. Specifically, this policy shall seek to
link demand for services and applications using space
systems in support of the Community policies with the
supply of space systems and infrastructure necessary to
meet that demand.

2. The establishment of a framework providing a common
basis and appropriate operational arrangements for an effi-
cient and mutually beneficial cooperation between the
Parties with regard to space activities in accordance with
their
fully
respecting their institutional settings and operational frame-
works. The cooperation under this Framework Agreement
between the Parties aims at:

responsibilities

respective

tasks

and

and

(a) securing Europe's independent and cost-effective access
to space and the development of other fields of strategic

(1) The EU Council Resolutions of 22 June 1998 (OJ C 224,
17.7.1998, p. 1), 2 December 1999 (OJ C 375, 24.12.1999, p. 1),
16 November 2000, (OJ C 371, 23.12. 2000, p. 2).

(2) The ESA resolutions of: 23 June 1998: ESA/C/CXXXVI/Res.1
(Final), 11 May 1999: ESA/C-M/CXLI/Res. 1 (Final); ESA/
C(2000)67; ESA/C-M/CXLVIII/Res. 1 (Final), 16 November 2000,
referring to the European Strategy for Space; ESA/C-M/CLIV/Res. 1
(Final), 15 November 2001; ESA/C-M/CLXV/Res.3 (Final), 27 May
2003.

interest necessary for the independent use and applica-
tion of space technologies in Europe;

(b) ensuring that the overall European Space Policy takes
into particular account the general policies pursued by
the European Community;

(c) supporting Community policies by using space technol-
ogies and space infrastructures where appropriate and
promoting the use of space systems in support of
sustainable development, economic growth and employ-
ment;

(d) optimising the use of expertise and available resources
and contributing to the consolidation of the close coop-
eration between the European Community and ESA,
thereby linking the demand and supply of space systems
within a strategic partnership;

(e) achieving greater coherence and synergy of research and
development in order to optimise the use of resources
available in Europe, including the network of technical
centres.

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Article 2

Principles of cooperation

Article 5

Joint initiatives

1.
The cooperation between the Parties shall be pursued in
the light of the common objectives as defined under Article 1,
with due regard to their respective tasks and responsibilities
and their respective institutional settings and operational frame-
works.

Each Party shall

2.
take the decisions necessary for the
implementation of this Agreement, as described in Article 4, in
accordance with its own internal procedures.

3.
Bearing in mind the nature of space technologies and
infrastructures, both Parties, in implementing this Agreement,
shall take into account their security dimension.

Article 3

Fields of cooperation

The Parties have identified the following specific fields of

1.
cooperation:

— science,

— technology,

— earth observation,

— navigation,

— communication by satellite,

— human space flight and micro-gravity,

— launchers,

— spectrum policy related to space.

1.
Subject to paragraph 3, the joint initiatives to be carried
out by the Parties may take, without being limited to, the
following forms:

(a) the management by the ESA of European Community
space-related activities in accordance with the rules of the
European Community;

(b) the participation by the European Community in an
optional programme of the European Space Agency,
in
accordance with Article V.I.b of the ESA Convention;

(c) the carrying out of activities which are coordinated, imple-

mented and funded by both Parties;

(d) the creation by the Parties of bodies charged with pursuing
initiatives complementary to research and development
activities, such as the provision of services, the promotion
of operators formation and the management of infrastruc-
tures;

conferences,

(e) the carrying out of studies, the organisation of scientific
seminars,
the
symposia
training of scientists and technical experts, the exchange or
sharing of equipment and materials, the access to facilities,
and the support of visits and exchanges of scientists, engi-
neers or other specialists.

and workshops,

2. When the implementation of a joint initiative requires a
detailed definition, it shall be provided for in specific arrange-
ments to be entered into between the Parties. Whenever applic-
able, such specific arrangements should include at least:

(a) the overall mission definition;

(b) a description of the objectives;

(c) a consolidated set of user requirements;

The Parties may identify and develop new fields for coop-

2.
eration.

(d) a work plan;

Article 4

Implementation

For the implementation of this Agreement each Party
1.
shall undertake, 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 Article
1.

2.
Such actions shall aim at fostering the utilisation of space
research and development and space applications in the public
and private sectors, the promotion of the adoption of legisla-
tive, regulatory and standardisation measures in this sector, the
funding and carrying out of joint initiatives pursuant to Article
5.

3.
Each Party shall refer to the competencies and capabilities
of the other, whenever an action is necessary, to pursue the
purpose of the cooperation, and shall provide the other Party
with expertise and support in its own specific fields of compe-
tence.

(e) an appropriate management scheme;

(f) the role and financial implications of the Parties;

(g) an industrial policy scheme;

(h) budgetary aspects;

(i) rules of

intellectual property rights, rules of ownership
including the transfer of ownership, the implementation
principles including voting rights, and the participation by
third Parties.

Both Parties shall work out guiding principles in addition to
these specific arrangements as soon as possible.

Any financial contribution made by one Party in accord-
3.
ance with a specific arrangement shall be governed by the
financial provisions applicable to that Party. Under no circum-
stances shall the European Community be bound to apply the
rule of ‘geographical distribution’ contained in the ESA Conven-
tion and specially in Annex V thereto. Compliance with the
rules relating to financial control and auditing of the Party
contributing to the joint initiatives, or of both Parties in case of
joint contribution, shall apply to any joint activity.

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Article 6

Consultation and information

1.
The Parties shall consult each other regularly in order to
coordinate their activities to the fullest extent. Each Party shall
inform the other of any initiatives within its own decision-
making process, in the fields of cooperation under Article 3,
which may be of interest to the other Party.

The Parties

2.
their
disposal which may be required for the implementation of this
Agreement, subject to their respective rules.

shall exchange all

information at

3.
Except when otherwise provided, the Parties shall not
disclose any information exchanged in connection with this
Agreement to any persons other than those employed by them
or officially entitled to handle such information nor shall they
use it for commercial purposes. Such disclosure shall extend
only so far as may be necessary for the purpose of this Agree-
ment set out in Article 1 and shall be in strict confidence.

Article 7

External dimension of the cooperation

1.
Each Party shall inform the other of its activities of an
international dimension which may be of interest to the other
Party.

2. Whenever appropriate a Party may,
in relation to any
matters relevant to its international activities, consult the other
Party.

3.
Once a specific arrangement has been concluded between
the parties in accordance with Article 5, the external aspects of
this joint activity vis-à-vis third parties shall be pursued jointly
by the parties in accordance with that specific arrangement.

Article 8

Coordination and facilitation of cooperative activities

1.
The coordination and facilitation of cooperative activities
under this Agreement shall be accomplished by regular joint
and concomitant meetings of the Council of the European
Union and of the Council of ESA at ministerial
level (Space
Council).

The objectives of the joint and concomitant meetings

2.
shall include the following:

(a) providing orientations supporting the achievement of the
this Agreement and identifying actions

objectives of
required;

(b) making recommendations, in particular related to the main

elements of the specific arrangements;

(c) advising the parties on ways

to enhance cooperation

consistent with the principles set out in this Agreement;

(d) reviewing the effective and efficient

functioning of

this

Agreement.

3.
A Secretariat shall assist the concomitant meetings and
shall elaborate the initiatives deriving from the implementation
of this Agreement. The Secretariat shall implement the guide-
lines provided by the concomitant meetings of the two Coun-
cils. The Secretariat shall establish its own rules of procedure
and be composed of officials of the Commission of the Euro-
pean Communities and of the ESA Executive. The Parties shall
undertake, in accordance with their respective rules and proce-
dures, to contribute to the required administrative support.

4. Without prejudice to the Parties' internal decision-making
procedures,
the Secretariat shall consult on a regular and
informal basis high-level representatives of the Member States
of
the European Space
Agency, with the purpose of reaching common understanding
on issues related to the implementation of this Agreement.

the European Community and of

Article 9

Exchange of personnel

1.
The Parties may second members of their staff to each
other for specified periods in order to share expertise and
develop mutual understanding.

Rules for the implementation of

2.
this Article shall be
established by the Secretariat, as referred to in Article 8, and be
agreed to in the form of a specific arrangement under this
Framework Agreement.

Article 10

Public relations

1.
The Parties undertake to coordinate in advance their
public-relations, press and media activities concerning any joint
public activities relating to subjects covered by this Agreement.

In all relevant media activities, the role of each Party in

2.
this Agreement shall be clearly identified and mentioned.

3.
The detailed arrangements for implementing public rela-
tions activities provided for in this Article shall be adopted
jointly.

Article 11

Settlement of disputes

1.
Any disputes which may arise between the Parties relating
to the interpretation or application of this Agreement shall be
submitted for direct negotiations within the Secretariat.

2.
If it is not possible to settle the dispute in accordance
with paragraph 1, either of the two Parties may notify the
other of the appointment of an arbitrator. The other Party shall
then appoint its own arbitrator within a period of two months.
The arbitrators shall then appoint a third arbitrator within one
month.

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3.

The arbitrators' decisions shall be taken by majority vote.

The award of the Arbitration Tribunal shall be final and

4.
binding on the Parties.

Each Party to the dispute shall take the appropriate steps

5.
required to implement the arbitrators' decisions.

3.
The termination or expiry of this Agreement shall not
affect the validity of the specific arrangements entered into
between the Parties in accordance with Article 5, which shall
remain in full force and effect until the terms for their execu-
tion or termination take place.

Article 12

This Agreement shall be amended only by written agree-

4.
ment between the Parties.

Entry into force, duration, amendments and termination

1.
This Agreement shall enter into force on the date of the
last written communication by which the Parties notify each
other that their respective internal procedures necessary for its
entry into force have been completed.

its entry into force.

This Agreement shall remain in force for four years from
2.
the date of
It shall be automatically
extended for subsequent periods of four years unless either of
the Parties notifies the other Party in writing, at least one year
before the expiry of any of its periods of duration, of its inten-
tion to terminate it.

This Agreement shall terminate upon the expiry of twelve
months after the receipt of written notification by one Party
sent by the other Party.

5.
This Agreement is not intended to modify or supersede
any previous agreements entered into between the Parties,
which shall remain in full force and effect in accordance with
their own terms and provisions.

Article 13

Signature and authenticity

This Agreement shall be drawn up in duplicate in the Danish,
Dutch, English, Finnish, French, German, Greek, Italian, Norwe-
gian, Portuguese, Spanish and Swedish languages, each of these
texts being equally authentic.

Hecho en Bruselas, el veinticinco de noviembre del dos mil tres.

Undærdiget i Bruxelles den femogtyvende november to tusind og tre.

Geschehen zu Brüssel am fünfundzwanzigsten November zweitausendunddrei.
Έγινε στις Βρυξέλλες, στις είκοσι πέντε Νοεµβρίου δύο χιλιάδες τρία.

Done at Brussels on the twenty-fifth day of November in the year two thousand and three.

Fait à Bruxelles, le vingt-cinq novembre deux mille trois.

Fatto a Bruxelles, addì venticinque novembre duemilatre.

Gedaan te Brussel, de vijfentwintigste november tweeduizenddrie.

Utferdiget i Brussel den tjuefemte november totusenogtre.

Feito em Bruxelas, em vinte e cinco de Novembro de dois mil e três.

Tehty Brysselissä kahdentenakymmenentenäviidentenä päivänä marraskuuta vuonna kaksituhattakolme.

Utferdiget i Brussel den tjuefemte november totusenogtre.

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Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft
Για την Ευρωπαïκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

For Den europeiske union

Pela Comunidade Europeia

Euroopan yhteisön puolesta

För Europeiska gemenskapen

Por la Angecia Espacial Europea

For Den Europæiske Rumorganisation

Für die Europäische Weltraumorganisation
Για την Ευροωπαïκή Υπηρεσία ∆ιαστήµατος

For the European Space Agency

Euroopan avaruusjärjestön puolesta

Pour l'Angence spatiale européenne

Per l'Agenzia spaziale europea

Voor het Europees Ruimteagentschap

For Den europeiske romorganisasjon

Pela Agência Espacial Europeia

För Europeiska rymdorganisationen