The Government of the Republic of Slovenia (hereinafter referred to as “Slovenia”),
The European Space Agency (hereinafter referred to as “the Agency” or “ESA”), an intergovernmental organisation established by the Convention for the Establishment of a European Space Agency, opened for signature in Paris on 30 May 1975 and entered into force on 30 October 1980 (hereinafter referred to as “the Convention”),
hereinafter individually referred to as “Party” or collectively as “the Parties”,
RECALLING that the purpose of the Agency is to provide for and to promote, for exclusively peaceful purposes, cooperation among European States in space research and technology and their space applications,
NOTING that space has become a significant factor in technological, economic, scientific and cultural development,
CONVINCED of the benefits of sustaining and enhancing the level of international cooperation in space activities for exclusively peaceful purposes,
CONSIDERING that Slovenia is, since 1 May 2004, a Member of the European Union (hereinafter referred to as “EU”) and is thereby associated to the definition of an overall European Space Policy and is also participating with full rights and obligations, in the EU Copernicus and Galileo programmes,
HAVING REGARD to the successful results of the cooperation achieved under the Agreement between the Parties concerning space cooperation for peaceful purposes signed on 28 May 2008 and entered into force on 23 February 2009,
HAVING REGARD to the European Cooperating State (hereinafter referred to as “ECS”) Agreement between the Parties signed on 22 January 2010 and which entered into force upon Slovenia’s subscription to the Plan for European Cooperating States Charter between the Parties on 30 November 2010, and HAVING REGARD to its subsequent extension,
HAVING REGARD to the Association Agreement between the Parties signed on 5 July 2016 and which entered into force on 16 November 2016,
HAVING REGARD to the Resolution on industrial policy measures to achieve a successful integration of European states in the frame of ESA adopted by the Council of the Agency (hereinafter referred to as “Council”) on 13 December 2018 (ESA/C/R/CCLXXVII/Res.1 (final)), by which the Agency introduced an improved cooperative approach designed for European non-Member States with a view to their possible accession to the Convention,
CONSIDERING the wish expressed by Slovenia to continue to strengthen its cooperation with the Agency within the frame of the above mentioned improved cooperative approach, and the acceptance by the Council of this request,
HAVING REGARD to the Convention and in particular its Articles II, XIV.1 and XIV.3,
HAVE AGREED AS FOLLOWS:
ARTICLE 1 GENERAL
1. Slovenia hereby continues to be an Associate Member of the Agency pursuant to the conditions set out here below.
2. Slovenia hereby acknowledges that the Agency may establish Cooperation and Association Agreements with other non-Member States. Slovenia further agrees that, at all levels of its cooperation with the Agency as an Associate Member, it will act in conformity with the purpose for which the Agency was created as defined in the Convention, in particular the exploration and utilisation of space for exclusively peaceful purposes.
ARTICLE 2 BENEFITS AND PARTICIPATION
1. Slovenia shall participate in and benefit from, subject to other provisions of the present Agreement, the Basic Activities executed under the Agency’s General Budget, except the item “Technology Development”.
2. Slovenia may participate in the Agency’s optional programmes pursuant to the conditions of Article 4 below, as well as in further parts of the Agency’s activities and programmes or operational activities by providing experiments or observation facilities pursuant to the conditions established in Article 7 below.
ARTICLE 3 FINANCIAL CONTRIBUTIONS
1. Slovenia shall contribute annually to the Agency’s Basic Activities expenditure under the General Budget. This contribution shall represent 70 % of its contribution level shown in the scale calculated on the basis used for the Member States of the Agency and adopted in accordance with Article XIII.1 of the Convention. An amount representing 70 % of the latter contribution shall be used by the Agency to provide increased support in terms of training, organisation of events and advice with a view to achieve a successful integration of Slovenia in the frame of the Agency, the further development of sustainable and competitive industrial capabilities, and their integration in the space supply chain. For avoidance of doubt, Slovenia’s contribution referred to in this paragraph shall start accruing on a time proportional basis from the date of entry into force of this Agreement pursuant to Article 18 below.
2. Slovenia shall contribute to the expenditure of the activities and programmes in which it participates in accordance with the provisions of Article 4 below.
3. Slovenia’s contributions as provided for in this Article shall be updated and paid in conformity with the rules and procedures in force in the Agency for all Member States.
ARTICLE 4 PARTICIPATION IN OPTIONAL PROGRAMMES
For the purpose of the execution of each Agency optional programme for which the respective Member States concerned have unanimously approved Slovenia’s participation, Slovenia shall from the date of that approval have the rights and obligations of a Participating State as set forth in the Declaration concerning the programme in question, in the applicable implementing rules and in any other decisions governing the execution of said programme. In particular, Slovenia shall contribute to cover the expenditure resulting from the execution of said programme in accordance with the provisions of the Declaration and of any subsequent revision of that Declaration by the Participating States on the occasion of meetings of the Agency’s Council or of the Council’s subordinate bodies. Slovenia intends to contribute to optional programmes in which it participates by the end of 2022 a minimum of 1.500.000 Euros at 2018 e.c. per year, it being understood that the sum of Slovenia’s overall yearly contributions to the Agency by the aforementioned date, including Basic Activities expenditure under the General Budget referred to in Article 3.1 above and Requesting Party Activities referred to in Article 10.2 below, shall amount to a minimum of 3.000.000 Euros at current e.c.
ARTICLE 5 REPRESENTATION AND VOTING RIGHTS
Slovenia shall be represented in the meetings of the Agency’s Council and subordinate bodies in accordance with the following provisions:
1. Slovenia shall have the right to be represented at open meetings of the Council of the Agency by not more than two delegates, who may be accompanied by advisors. Slovenia shall have the right to vote on questions relating to the activities and programmes in which it participates pursuant to the present Agreement, this being in its capacity of Participating State in the case of optional programmes. Slovenia shall not have the right to vote in Council on the General Budget or on matters related to it, but shall have the right to state its opinion and to be heard on other questions.
2. Slovenia shall have the right to be represented, by not more than two delegates who may be accompanied by advisors, at meetings of the subordinate bodies of the Agency, competent in any capacity to deal with the activities and programmes in which Slovenia participates. Slovenia shall also have the right to be similarly represented on the Programme Boards of the Agency concerned with those optional programmes in which Slovenia participates pursuant to Article 4 above. Slovenia shall have the right to be heard at the above meetings and to vote, in its capacity of Participating State, on issues relating to those activities and programmes.
3. For matters of common interest between the Agency and the EU, Slovenia shall be entitled to attend meetings of the Agency's subordinate bodies as an observer. For other matters, Slovenia may request to be represented in an observer capacity at meetings of any subordinate body of the Agency which is solely concerned with programmes in which Slovenia does not participate. Such request shall be accepted subject to the unanimous approval of the Agency Member States concerned.
4. Slovenia may attend Potential Participants’ meetings in an observer capacity, in particular meetings dealing with the preparation of programmes related to programmes in which Slovenia participates, unless the Agency Member States concerned decide otherwise.
5. Slovenia shall not have the right to be represented at the meetings of the Council or of any subordinate bodies which are held on a restricted basis in accordance with the relevant rules of procedure. However, Slovenia may be authorised by the body concerned, either at Slovenia’s request or at the request of one or more Member States, to attend discussions on certain items on the agendas of such meetings, when they involve matters of interest to Slovenia and the Agency, in order to express its opinion.
ARTICLE 6 ACCESS TO INFORMATION
Slovenia shall have access, to the same extent as provided to Member States, to information, including contract reports, relating to the activities and programmes in which Slovenia participates.
ARTICLE 7 USE OF FACILITIES AND SERVICES
1. Subject to the terms of Article 6 above and to the prior requirements and obligations of the Agency, Slovenia shall have access on a cost-reimbursable basis to the facilities and services of the Agency for Slovenia national space projects. The methods of calculating costs shall be those applied to the Agency’s Member States when utilising the Agency facilities and services for their own space projects. In return, Slovenia shall make available its facilities and services to the Agency and its Member States on favourable terms.
2. In developing its national space potential and in planning for national space missions, Slovenia shall give preference, pursuant to the terms of Article VIII of the Convention, to the use of European space transportation systems, and of facilities, products and services belonging to, or developed or operated under the auspices of, the Agency or its Member States. Slovenia shall, further, support the Agency’s efforts to promote the use of European transportation systems, facilities, products and services by those international bodies to which it belongs that employ systems or services with a space-based component. For the purpose of satisfying its facilities requirements for any given mission which are unmet on the basis of its own potential or that of its Member States, the Agency shall, subject to arrangements existing at the relevant time with other entities and on terms of parity in this matter with other Associate Members of the Agency, give detailed consideration to the appropriate Slovenian facilities with a view to their potential use.
ARTICLE 8 INTELLECTUAL PROPERTY
1. For the purposes of this Agreement “Intellectual Property” has the meaning stated in Article 2 of the Convention establishing the World Intellectual Property Organisation, done in Stockholm, 14 July 1967.
2. The Parties shall ensure adequate and effective protection of Intellectual Property as may arise from the work done under this Agreement and of any pre-existing rights that may come into play in the course of such cooperation.
3. The specific provisions concerning the rights of access, dissemination and use of intellectual property as well as of technical information and data developed under the present Agreement, shall follow the Agency’s rules and procedures.
ARTICLE 9 EXCHANGE OF INFORMATION AND EXPERTS
1. With a view to identifying possible areas of cooperation, the Parties shall exchange information in the following spheres:
(a) the content of, and plan for, their current and future space programmes;
(b) matters of scientific and technical interest resulting from their space activities. In particular, Slovenia shall receive reports published and made available by the Agency, as well as information relating to the progress of the Agency programmes and to activities in which Slovenia participates under the present Agreement.
2. Provisions of any Agency information shall in all cases be subject to Slovenian observance of any proprietary rights to the information, while Slovenia further undertakes not to disseminate information that is subject to non-disclosure agreements signed with the Agency or is not otherwise generally available beyond the territories of Slovenia and the Agency’s Member States, whether directly or through intermediaries operating within or outside those territories.
3. Slovenia shall not be required to communicate any information obtained outside the Agency if it considers that such communication or dissemination would be inconsistent with, or contrary to, the interests of its own agreements with third parties, or the conditions under which such information has been obtained.
The Agency shall not be required to communicate information if it considers that such communication, or dissemination, would be inconsistent with, or contrary to, the interests of its own agreements with third parties, or the conditions under which such information was obtained.
4. The Parties may establish a scheme to permit the exchange of experts concerned with work within the competence of the Agency, in conformity with the application of the laws and regulations relating to the entry into, stay in or departure from Slovenia and with the Agency’s legal framework including agreements with third parties.
5. The Parties will also consult with each other when they are represented at international organisations, conferences and meetings relating to space activities, for the purpose of exchanging views on matters of mutual concern and will seek to harmonise, as appropriate, their positions on matters which are likely to have a bearing on the implementation of their common space programmes and activities.
ARTICLE 10 INDUSTRIAL POLICY
1. With respect to the geographical distribution of contracts relating to the activities and programmes in which Slovenia participates, the Agency shall:
(a) strive at providing a fair industrial return to Slovenia for activities relating to the basic activities under the General Budget, excluding Technology Development, and
(b) for optional activities and programmes, and consistent with Article 4 above, implement for Slovenia the applicable rules developed for the various activities and programmes, to the same extent as for the other Participating States.
2. In order to further develop its industrial base Slovenia shall participate in an incentive scheme in the form of Requesting Party Activities which shall be operated in accordance with the attached Annexes I and II, and which constitute an integral part of present Agreement. Such incentive scheme shall be based on full cost reimbursement and national funding. Slovenia’s expenditures to Requesting Party Activities shall amount to a minimum of 500.000 Euros per year at 2018 e.c. and shall not exceed its contributions to optional programmes in which it participates pursuant to Article 4 above.
ARTICLE 11 ADDITIONAL ARRANGEMENTS
In addition to cooperation in the long-term continuing framework outlined above, the Parties may also develop arrangements for cooperating in individual bilateral projects in space activities pursued by both Parties and for the exchange of personnel. Approval of such arrangements, which shall not modify the rights and obligations of the Parties under the present Agreement, shall be subject to the Parties’ relevant procedures.
ARTICLE 12 LIABILITY
For the participation of Slovenia in programmes and activities of the Agency, the ESA Council Resolution ESA/C/XXII/Res.3 of 13th December 1977 on the Agency’s legal liability shall be applicable mutatis mutandis.
ARTICLE 13 SECURITY
Each Party shall retain the right to take all precautionary measures in the interests of its security.
ARTICLE 14 PRIVILEGES AND IMMUNITIES
For the execution of the Agency‘s official activities undertaken within the frame of the present Agreement, Slovenia shall grant the following privileges and immunities:
1. The Agency shall have, in the territory of Slovenia, legal personality. It shall in particular have the capacity to contract, to acquire and dispose of movable and immovable property, and to be a party to legal proceedings.
2. The Agency shall have immunity from jurisdiction and execution except:
(a) where the Agency has expressly waived such immunity in a particular case;
(b) in respect of a civil action by a third party for damage arising from an accident caused by a motor vehicle belonging to, or operated on behalf of the Agency, or in respect of a motor traffic offence involving such a vehicle;
(c) in respect of an enforcement of an arbitration award made under Article 16 below;
(d) in the event of the attachment, pursuant to a decision by a juridical authorities, of the salaries and emoluments owed by the Agency to a staff member.
3. Within the scope of its official activities, the Agency, its property and income shall be exempt from direct taxes in Slovenia. 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 the present Agreement, are made or used, by the Agency.
4. Without prejudice to Article 13 above, goods imported or exported by the Agency or on its behalf 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 Slovenia except according to conditions defined by Slovenia. Sloveniaand the Agency shall define the procedures to be applied to the export or import of assets used in connection with their cooperation. The Agency shall cooperate with the Slovenianauthorities 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.
5. The Agency may receive and hold in Slovenia any kind of funds, currency, cash or securities; it may dispose of them freely in Slovenia for any official purpose of the Agency and hold accounts in any currency.
6. Staff members of the Agency shall be exempt from national income tax on their salaries and emoluments paid by the Agency; however, such salaries and emoluments may be taken into account by Slovenia for the purpose of assessing the amount of taxation to be applied to income from other sources.
7. The circulation of publications and other information material sent by or to the Agency shall not be restricted in any way.
ARTICLE 15 NOTIFICATION OF APPOINTED AUTHORITY AND REPRESENTATIVES
Slovenia shall notify the Agency’s Director General of the name of the authority appointed to represent it for the implementation of the present Agreement, as well as the names of Slovenia’s representative and advisors attending any meetings in accordance with Article 5 above.
ARTICLE 16 AMENDMENT
1. The present Agreement, including its Annex I, may be amended by mutual agreement. The Party wishing to amend a provision of this Agreement, including its Annex I, shall notify the other Party in writing. Any amendment shall enter into force when each Party has notified the other in writing of its acceptance of the said amendment in accordance with its own procedures.
2. Annex II of the present Agreement may be amended by mutual written agreement between the Slovenian Co-Chair and the Agency’s Co-Chair nominated in accordance with section C. of Annex II of the present Agreement.
ARTICLE 17 DISPUTE RESOLUTION
Where a dispute arises in relation to the application or interpretation of this Agreement or of detailed arrangements concluded pursuant to this Agreement and which cannot be settled amicably between the Parties, such dispute shall, at the request of either Party, be submitted to arbitration. In such case, the provisions of Article XVII of the Agency’s Convention shall apply mutatis mutandis unless the Parties agree otherwise.
ARTICLE 18 ENTRY INTO FORCE, DURATION, TERMINATION AND RENEWAL
1. Each Party shall notify the other Party in writing of the completion of its respective procedures for the entry into force of this Agreement. This Agreement shall enter into force on the date of the second of these notifications and shall remain in force until 31 December 2024.
2. The present Agreement may be terminated upon one year’s written notice by either Party before its expiry date referred to in paragraph 18.1 above.
3. Termination or expiry of the present Agreement shall not affect the validity of those rights and obligations of either Party which are meant to survive its termination or expiry or its interpretation such as, but not limited to, dispute resolution, liability, intellectual property rights, nor of additional arrangements entered into between the Parties. The participation of Slovenia in the Agency’s optional programmes, or parts thereof, pursuant to Article 4 above which is effective at the time of termination of this Agreement shall remain effective until the completion of the activities under the respective programmes or parts thereof, on the understanding that completion of the respective programmes will be notified by the Agency to Slovenia. Taking into account any outstanding obligation incurred under Article 4 above, Slovenia shall contribute to the part of the common infrastructure plan in force and the part of the fixed common costs to be borne by the General Budget at a rate to be mutually agreed. Article 4 above, and this paragraph, shall remain in force and continue to produce their effects after the termination or expiry of this Agreement.
4. One year before the expiry of the present Agreement, the Parties shall proceed to a formal review of their cooperation under this Agreement. On the basis of the latter review, the Parties shall examine ways and means of continuing or further developing such cooperation including the possibility of Slovenia extending the present Agreement or being granted the status of Member State of the Agency. The granting of such a status to Slovenia shall be subject of a specific Council decision, in accordance with the Convention and on the basis of a written request to be made by Slovenia.
5. The present Agreement may be extended for further periods by mutual agreement in writing. The present Agreement shall remain in force during the time necessary to complete the procedures for such renewal.
6. Upon its entry into force, the present Agreement shall replace the Association Agreement between the Parties referred to in the preamble, it being understood that the provisions of the latter Agreement shall nevertheless continue to apply to the extent necessary to secure the implementation of any arrangements and contracts that have been concluded within the framework of said Agreement and which are still effective on the date said Agreement ceases to be in force.
Done in two originals in the English language. The signatories may also establish translations hereof in the French, German and Slovenian languages, which shall not, however, be considered as authoritative for the purposes of interpretation.
Date: 19 October 2020
For the Government of the Republic of Slovenia
Zdravko Počivalšek (s)
Date: 8 October 2020
For the European Space Agency
Johann-Dietrich Wörner (s)
Vlada Republike Slovenije (v nadaljnjem besedilu: Slovenija),
Evropska vesoljska agencija (v nadaljnjem besedilu: agencija ali ESA), medvladna organizacija, ustanovljena s Konvencijo o ustanovitvi Evropske vesoljske agencije, ki je bila na voljo za podpis v Parizu 30. maja 1975 in je začela veljati 30. oktobra 1980 (v nadaljnjem besedilu: konvencija),
v nadaljnjem besedilu vsaka od njiju pogodbenica ali skupno pogodbenici, sta se
OB SKLICEVANJU na namen agencije, ki je omogočati in spodbujati sodelovanje med evropskimi državami pri vesoljskih raziskavah in tehnologiji ter njihovi uporabi v vesolju v izključno miroljubne namene,
OB UGOTOVITVI, da je vesolje postalo pomemben dejavnik v tehnološkem, gospodarskem, znanstvenem in kulturnem razvoju,
PREPRIČANI o prednostih ohranjanja in višanja ravni mednarodnega sodelovanja pri vesoljskih dejavnostih v izključno miroljubne namene,
GLEDE NA TO, da je Slovenija od 1. maja 2004 članica Evropske unije (v nadaljnjem besedilu: EU) in tako povezana z opredelitvijo celovite evropske vesoljske politike ter sodeluje pri programih EU Copernicus in Galileo z vsemi pravicami in obveznostmi,
OB UPOŠTEVANJU dosežkov sodelovanja na podlagi sporazuma o sodelovanju v vesolju v miroljubne namene, ki sta ga pogodbenici podpisali 28. maja 2008, veljati pa je začel 23. februarja 2009,
OB UPOŠTEVANJU sporazuma evropske sodelujoče države (v nadaljnjem besedilu: ESD), ki sta ga pogodbenici podpisali 22. januarja 2010 in je začel veljati ob vključitvi Slovenije v načrt za evropsko sodelujočo državo 30. novembra 2010, in OB UPOŠTEVANJU njegovega podaljšanja,
OB UPOŠTEVANJU sporazuma o pridružitvi, ki sta ga pogodbenici podpisali 5. julija 2016 in je začel veljati 16. novembra 2016,
OB UPOŠTEVANJU Resolucije o ukrepih industrijske politike za uspešno vključevanje evropskih držav v okvir ESA, ki jo je svet agencije (v nadaljnjem besedilu: svet) sprejel 13. decembra 2018 (ESA/C/R/CCLXXVII/Res.1 (final)), s katero je agencija uvedla izboljšan način sodelovanja za evropske države nečlanice, da bi lahko pristopile h konvenciji,
OB UPOŠTEVANJU želje Slovenije še naprej krepiti sodelovanje z agencijo v okviru tega izboljšanega načina sodelovanja in dejstva, da je svet prošnjo sprejel,
OB UPOŠTEVANJU konvencije, predvsem II. člena ter prvega in tretjega odstavka XIV. člena,