Publication: Magyar Közlöny
Issue: MK-2003-144 (Year: 2003, Number: 144)
Era: 1990-2004
Section: (EGT Megállapodás, II. melléklet, XIII. fejezet, 3. bekezdés) és az 1998. évi XXV. törvény az emberi felhasználásra
Paragraph Index: 241

c) in respect of an enforcement of an arbitration award made under Article 12 below. 9.3. Within the scope of its official activities, the Agency, its property and income shall be exempt from direct taxes in the Republic of Hungary. The Agency shall also be exempted from indirect taxes when purchases or services of substantial value, strictly necessary for the exercise of the official activities of the Agency within the frame of this Agreement, are made or used, by the Agency. 9.4. Goods imported or exported by the Agency and strictly necessary for the exercise of its official activities shall be exempt from all import and export duties and taxes and from all import or export prohibitions and restrictions. Any such imported or exported goods may not be sold, lent or transferred with or without payment in the territory of the Republic of Hungary except according to conditions defined by the Government of the Republic of Hungary. The Government of the Republic of Hungary and the Agency shall define the procedures to be applied for the export or import of assets used in connection with their cooperation. The Agency shall cooperate with the Hungarian authorities in order to ensure that the goods imported or exported by the Agency are being used for its official activities undertaken within the frame of the present Agreement. 9.5. The Agency may receive and hold in the Republic of Hungary any kind of funds, currency, cash or securities; it may dispose of them freely in the Republic of Hungary for any official purpose of the Agency and hold accounts in any currency. 9.6. Staff members of the Agency shall be exempt from taxes on their salaries, emoluments, benefits and pensions received in respect of current or previous service with the Agency; such exemption shall also extend to benefits paid to members of their families. 9.7. The circulation of publications and other information material sent by or to the Agency shall not be restricted in any way. Article 10 The Government of the Republic of Hungary shall notify the Agency’s Director General of the name of the authority appointed to represent it for the implementation of this Agreement, as well as the names of its representative and advisers attending any meetings in accordance with Article 6 above. Article 11 The Parties shall each be solely liable for the conduct of their own activities in the execution of this Agreement. In particular, they shall each have a right of recourse against the other in respect of damage of any kind to persons or property caused by the other and shall hold each other harmless against any claims made by a third party in respect of damage caused by their own activity. Article 12 12.1. Any dispute arising out of the application or interpretation of this Agreement which cannot be settled amicably between the parties shall, at the request of either party, be submitted to an arbitration tribunal. 12.2. The arbitration tribunal shall consist of three members, one arbitrator designated by the Agency, one designated by the Government of the Republic of Hungary and a third arbitrator, who shall be elected by the first two arbitrators and who shall be the Chairman. If, within a period of six months from the date of the request for arbitration, either party has not named its choice, the arbitrator shall, at the request of either party, be appointed by the President of the International Court of Justice. The same procedure shall apply if, within six months of the designation or appointment of the first two arbitrators, the third has not been elected. 12.3. The arbitration Tribunal shall establish its own procedure; its decision shall be final and binding. Article 13 The appendices to this Agreement shall form an integral part of the present Agreement. Article 14 14.1. The present Agreement, after signature by the Parties and its approval in accordance with the legal order of the Republic of Hungary, shall enter into force upon subscription by the Government of the Republic of 2003/144. szám Hungary of the PECS Charter referred to in Article 7 and detailed in Appendix I, except for the rules contained in Appendix II A and B which shall be applicable upon signature. This subscription of the PECS Charter shall be made at the latest one year after the signature of the present Agreement unless the Parties have agreed another time limit. In the event the said subscription has not occurred within the above time limit, the present Agreement shall be null and void. 14.2. Upon its entry into force, the present Agreement shall replace the cooperation agreement between the Agency and the Government of the Republic of Hungary referred to in the preamble, it being understood that its provisions shall nevertheless continue to apply to the extent necessary to secure the implementation of any contracts that have been concluded within the framework of that agreement and which are still effective on the date on which that agreement ceases to have effect. 14.3. The entry into force of the present Agreement will terminate the cooperation established between the Agency and the Government of the Republic of Hungary in the Prodex programme pursuant the terms of the corresponding Agreement referred to in the preamble. The Government of the Republic of Hungary thereby accepts to withdraw its participation in the Prodex programme upon the entry into force of the present Agreement, in accordance with the terms and conditions defined in the corresponding programme Declaration and implementing rules. Article 15 15.1. Unless previously terminated in accordance with the provisions of paragraph 3 below, this Agreement shall terminate 5 (five) years after the date of its entry into force. One year before the expiry of this Agreement, the Parties shall review the results of its implementation on the basis of the outcome of the yearly reviews referred to in Article 8 and shall examine ways and means of continuing or further developing such cooperation. The Parties shall in particular examine the possibility of the Government of the Republic of Hungary being granted the status of Associate Member or Member State of the Agency. 15.2. In the event of the continuation of the present cooperation, the present Agreement may be extended and/or amended by mutual agreement in writing. 15.3. Either party may denounce the Agreement by giving written notice not less than one year before the intended date of termination which shall correspond to the end of the calendar year. 15.4. Termination of this Agreement shall not affect the validity of those rights and obligations of either Party which are meant to survive termination of the Agreement or its interpretation such as, but not limited to, arbitration, confidentiality, liability, intellectual property rights, nor of contracts entered into in pursuance of this Agreement. After the termination of the present Agreement, the Government of the Republic of Hungary shall in particular remain bound to finance its share of the payment appropriations corresponding to the contract authority approved under the budget for the current or previous financial years relating to the PECS. 15.5. The Government of the Republic of Hungary and the Agency may revise the provisions of this Agreement by mutual agreement. Amendments, except for those made exclusively to the appendices, shall take effect on the date of notification that both parties have met the necessary internal conditions for the amendments to enter into force. Amendments made exclusively to the Appendices shall be made in accordance with the terms of these appendices. Done in Budapest on 7 April 2003 in two originals in the English and Hungarian languages. The signatories may also establish translations hereof in the French and German languages, which shall not, however, be considered as authoritative for the purposes of interpretation. For the Government For the European of the Republic of Hungary Space Agency Appendix I Plan for European Cooperating States (PECS) Objectives, Rules and Procedures I. Objectives I.1. Overall objectives of the PECS The overall objective of the PECS is to associate the Government of the Republic of Hungary with Agency programmes and activities and to prepare in the most efficient manner for possible future accession to the ESA Convention. I.2. Specific objectives of the PECS — Develop cooperation between scientific and applications user communities in the Republic of Hungary and Agency Member States. — Create and strengthen the respective industrial expertise and capacity of the Republic of Hungary with a view to allowing a fair and equitable industrial participation in future Agency programmes after accession. 2003/144. szám — Provide indirect access to ESA programmes and activities. — Foster the Government of the Republic of Hungary’s understanding of the Agency’s organisation and functioning, including the use of the EURO, of European space products, standards and procedures. — Ensure coherence between the space activities of Member States and the Government of the Republic of Hungary e.g. by avoiding unnecessary duplication. I.3. Areas and categories of activities to be covered by the PECS (i) The PECS will cover four main categories of activities, as defined in (ii) below, in the following five areas: — Space science, in particular space astronomy and astrophysics, solar system exploration and solar-terrestrial physics; — Earth observation research and applications, in particular environmental monitoring, meteorology, aeronomy and geodesy; — Telecommunications, in particular service demonstrations and satellite navigation; — Microgravity research, in particular space biology and medicine, and materials processing; — Ground segment engineering and utilisation. (ii) The categories of activities covered by the PECS are the following: — Technology and equipment relating to ESA optional programmes which are not on the critical path for execution of the Agency’s programmes („non-critical technology”); — Scientific projects and/or experiments; — Data exploitation; — Support to Small and Medium Entreprises (SMEs). (iii) The detailed activities to be covered by the PECS shall be defined in a rolling five-year plan to be renewed, at the end of the fourth year of each five-year period in the light of the negotiations concerning renewal of the Agreement between the Agency and the Government of the Republic of Hungary, for a new five-year period starting at the end of the fifth year. The five-year draft plan shall be approved within the framework of the PECS Committee and may be updated every year in accordance with the procedures set out below. II. Rules and procedures II.1. Implementation of the PECS The Agency shall execute the PECS in conformity with its rules and procedures, unless otherwise provided for in the present objectives, rules and procedures. A dedicated Committee, hereinafter referred to as „the PECS Committee”, shall be set up to monitor and control implementation of the PECS. The Committee’s terms of reference and rules of procedure are described in Appendix II below. National institutions under the jurisdiction of the Republic of Hungary may, at the Agency’s request and with the agreement of the Government of the Republic of Hungary, provide technical support for one or more activities to be executed under the PECS; where appropriate, such support shall be covered by an exchange of letters between the institution concerned and the Agency, which shall be forwarded for information to all the other ECSs and to the Council of the Agency. The Agency shall make its facilities and services available for activities performed under the PECS in accordance with the provisions of Article 3.1. of the present Agreement. In particular the Agency’s Electronic Mail Invitation Tender System (EMITS) shall be made available to registered firms in the Republic of Hungary on the following conditions: — Read-only access for Agency programmes, — Full access for activities included in the PECS. II.2. Content of the PECS Prior to the start of activities for a five-year period, the Agency shall draw up a five-year PECS, based on inputs received from the Government of the Republic of Hungary and Member States in accordance with the following procedure: II.2.1. The Agency shall consult with the Government of the Republic of Hungary on its wishes regarding non-critical technology. II.2.2. Taking into account the provisions of Article 6 of the Agreement, the Agency shall thereafter establish a preliminary draft five-year PECS to be discussed in each Programme Board and Committee, and shall submit it for approval by a two-thirds majority vote of the Member States or the participants concerned to the following Agency Committees and Programme Boards with a view to its approval by the PECS Committee: — to the relevant Agency Programme Boards: with respect to contributions by the Government of the Republic of Hungary in the development and/or the exploitation phase of systems and payloads or to the development of non-critical technology, to be undertaken within the framework of Agency optional programmes; — to the Science Programme Committee (SPC): with respect to contributions by the Government of the Republic of Hungary in the development and/or the exploitation phase or in the development of non-critical technology, to be undertaken within the framework of Agency scientific projects; — to the Industrial Policy Committee (IPC): with respect to the inclusion in its PECS of the development of certain technologies listed in the Agency’s Technology Master Plan to be undertaken by the Government of the Republic of Hungary or the development by the latter of 2003/144. szám non-critical technology in this field and of activities to be undertaken in support of SMEs. In addition, if the PECS activity is included within the scope of the activities as defined in Annex A to a programme Declaration in force or in the process of being finalised, the corresponding Declaration or draft Declaration shall be amended or shall acknowledge this PECS contribution accordingly. The IPC shall also examine and approve by a simple majority vote of all Member States the industrial policy aspects of the PECS before it is submitted to the PECS Committee for approval. II.2.3. The Agency shall thereafter prepare a consolidated PECS on the basis of the elements approved by the relevant Committees and Programme Boards with a view to its examination and approval by the PECS Committee. The Government of the Republic of Hungary shall at this stage inform the Agency and the PECS Committee of the activities it wishes to support and shall also give the Agency confirmation of its intended contribution to the funding of the activities concerned. II.2.4. Prior to approval of the five-year PECS by the PECS Committee, any changes in the content of the proposed activities requested by the PECS Committee, with the exception of deleted activities, shall be forwarded for examination to the relevant Committees and Programme Boards. The relevant Committees and Programme Boards shall thereafter forward their approval of the proposed changes to the PECS Committee for its approval. II.2.5. Once the PECS Committee has approved the five-year PECS, the Agency shall, on the basis of that PECS, prepare a specific instrument, hereafter called the „PECS Charter” (referred to in Article 14.1), allowing the Government of the Republic of Hungary to commit financially to the PECS. The PECS Charter shall include the references of the activities to be financed by the Government of the Republic of Hungary as defined in the approved PECS and shall show the corresponding financial contribution to be subscribed by the Government of the Republic of Hungary including its financial share of the internal costs of the Agency referred to in paragraph II.4, together with the corresponding indicative breakdown and schedule of payments. The PECS Charter shall be presented by the Agency to the Government of the Republic of Hungary for subscription and shall thereafter be transmitted to the PECS Committee for information. II.2.6. The five-year PECS may be revised and updated once every year during this five-year period to take into account new activities that are proposed by the Agency and in which the Government of the Republic of Hungary or another ECS has expressed an interest. Approval of the yearly revision of the PECS shall be preceded by approval by the relevant Agency Committees and Programme Boards. If as the result of the above procedure new activities are added to the PECS, the PECS Charter shall be amended by the Agency accordingly and the Government of the Republic of Hungary shall agree on its resulting increased contribution, if any, as reflected in the updated PECS Charter. II.3. Industrial policy principles The PECS shall be based on a guaranteed geographical return coefficient of 1. The geographical return shall be calculated according to the Resolution on the Regulation Concerning the Calculation of the Geographical Return Coefficients [ESA/CXXXVIII/Res. 6 (Final)] adopted by the Agency Council. When defining the content of the five-year work plan of the PECS and any revision thereof, the following industrial policy principles shall be applied: — non-distortion of competition, — complementarity with existing expertise in Member States, — complementarity with the activities undertaken in the approved ESA programmes, — impact on the development of the use of services derived from European space assets, — technological value for the Agency with emphasis on: = innovation potential, = compatibility with the European Technological Master Plan and/or with the future programmatic needs of the Agency, — impulse to European industrial networking, — opening of new markets for competitive suppliers, — involvement of SMEs. These criteria will also be used by the IPC when examining and reviewing the draft PECS. II.4. Financial matters The PECS shall be financed through contributions by the ECS made in accordance with the rules and procedures of the Agency, which will be formalised through subscription by the Government of the Republic of Hungary of the PECS Charter in accordance with the procedures referred to in paragraph II.2. the Government of the Republic of Hungary will, for the management of the programme, cover the Agency’s internal costs, at a fixed rate of 7% of the yearly financial contribution covered by the Charter, progressively increased each year with the aim of reaching full costs after the five-year period of the PECS. The minimum financial contribution required for the participation of any ECS in the PECS over a period of five years amounts to 5 MEURO at 2001 economic conditions. Work may start as soon as one ECS has subscribed to the PECS Charter. 2003/144. szám The Government of the Republic of Hungary may subsequently increase its contribution to the PECS once a year as long as such increase does not entail any additional cost to other ECSs. In the case of contracts co-financed by either the selected firm or other sources the participation in Agency’s internal costs shall be calculated on the basis of the overall contract value. Notwithstanding the provisions of Article 18 of the Agency’s Financial Regulations, any amount unspent at the end of the financial year shall be automatically carried forward to the following year. At the end of each five-year period covered by the PECS, the share of the Government of the Republic of Hungary’s contribution that has not been earmarked for the execution of the corresponding work shall be used to finance activities planned to be executed in the following five-year period covered by the PECS, unless otherwise required by the Government of the Republic of Hungary. In the event of termination of the present Agreement, any contribution of the Government of the Republic of Hungary not committed under the PECS may be assigned by the Government of the Republic of Hungary to other Agency in which it participates if it becomes a Member State or an associate Member, or may be otherwise disposed of as decided by the Government of the Republic of Hungary. II.5. Contractual Matters The Agency shall conclude the contracts necessary for the execution of the PECS in accordance with its rules and procedures, by applying the general clauses and conditions for ESA contracts and in particular all contracts shall be placed in EURO. Contractual commitments entered into by the Agency shall be limited to the funding available. The Agency shall not issue an invitation to tender when the funding for the activities concerned is insufficient in relation to the cost estimates in the work plan. Activities shall as a general rule be carried out through an open competition procedure in the ECSs that have expressed an interest in the activities concerned. In the case of co-funded activities the Agency shall retain full visibility over expenditure planned and actually incurred by the contractor as well as the origin of all funding for the purpose of the execution of the contract. Where appropriate this may include a right of audit by or on behalf of the Agency. Any intellectual property stemming from the in-orbit flight of a payload included in the activities of the PECS shall be governed by the Agency’s Rules. II.6. General provisions The Government of the Republic of Hungary shall in principle, depending on the objectives of the cooperation project, be the owner of the assets produced and funded by it under the PECS as well as of the facilities, software and equipment acquired for its execution, while taking into account the principles governing Agency contracts. Amendments made to the present Appendix I shall only require the Parties’ written agreement. Appendix II Committee of the Plan for European Cooperating States (PECS Committee) Terms of reference and rules of procedure A) Terms of reference The PECS Committee, acting in coordination with the Agency, shall monitor and control the execution of the PECS in accordance with the Objectives, Rules and Procedures set out in Appendix I to the present Agreement. To that end it shall:

Source: https://magyarkozlony.hu/hivatalos-lapok/5cc956d5e57a5750d453df81711bd76da1210b31/dokumentumok/afafe7b1e05b9d5b984b1ba2e25d77e8611ad750/letoltes