The Government of the Republic of Slovenia (hereinafter referred to as “Slovenia”)
the European Space Agency (hereinafter referred to as “The Agency”) established by the Convention opened for signature in Paris on 30 May 1975 (hereinafter referred to as ‘the Convention”),
also referred to below individually as a 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 generally for exclusively peaceful purposes,
DESIRING to establish the foundation of mutually beneficial cooperation and noting the value of the potential that Slovenia can add to that of the Agency,
HAVING REGARD to the results of the cooperation achieved under the Cooperation Agreement between the Parties signed on 28 May 2008 and entered into force on 23 February 2009,
HAVING REGARD to the European Cooperating State (ECS) Agreement between the Parties signed on 22 January 2010 and which entered into force on 30 November 2010 and HAVING REGARD to its subsequent extension,
CONSIDERING that Slovenia is, since 1 May 2004, a Member of the European Union 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 Resolution on the European Space Policy adopted by the ESA Council meeting on 22 May 2007 (ESA/C/CXCIV/Res.1 (Final)),
TAKING INTO CONSIDERATION the provisions of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, done on 27 January 1967, and other multilateral agreements on the exploration and use of outer space to which Member States of the Agency are parties and which the Agency has accepted,
CONSIDERING Slovenia’s request to cooperate with the Agency and the acceptance by the Council of the Agency (hereinafter referred to as “Council”) of this request in accordance with Article XIV.3 of the Convention,
HAVE AGREED AS FOLLOWS:
1. Slovenia hereby becomes an associate Member of the Agency.
2. Slovenia agrees that, at all levels of its cooperation with the Agency as associate Member, it will act in conformity with the purpose to which the Agency is dedicated, in particular the exploration and utilisation of space for exclusively peaceful purposes.
1. Slovenia shall benefit, subject to other provisions of this Agreement, from activities executed under the Agency’s general budget. Participation by Slovenia in the Agency’s basic technology research programme (TRP) is not, however, a matter within the scope of the cooperation relationship established by this Agreement.
2. Slovenia may participate 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.
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 Agency’s Convention. An amount representing half of the latter contribution shall be used by the Agency to foster and manage Slovenia’s participation in the Agency activities as an associate Member. 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 15 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.
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 shall participate in the meetings of the Agency’s delegate bodies in accordance with the following provisions:
(a) 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 this 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.
(b) 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 and advisory 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 4above. 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.
(c) For matters of common interest between ESA and the European Union, Slovenia shall be entitled to attend meetings of the Agency’s subsidiary bodies as an observer. For other matters, Slovenia may request to be represented in an observer capacity at meetings of any subordinate or advisory body or Programme Board 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.
(d) 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.
(e) Slovenia shall not have the right to be represented at the meetings of the Council, of any subordinate bodies or Programme Boards 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.
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.
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 Slovenia facilities with a view to their potential use.
1. With a view to identifying possible areas of cooperation, Slovenia and the Agency shall exchange information in the following spheres:
(a) on the content of, and plan for, their current and future space programmes;
(b) on 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 connected with the progress of the Agency programmes and with activities in which Slovenia participates under this Agreement.
2. Provisions of any Agency information shall in any case be subject to Slovenia observance of any proprietary rights in the information, while Slovenia further undertakes not to disseminate information that 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 would be inconsistent with the interests of its own agreements with third parties, or the conditions under which such information has been obtained.
4. Slovenia and the Agency may establish a scheme to permit the exchange of experts concerned with work within the competence of the Agency, consistent with the application of the laws and regulations relating to the entry into, stay in or departure from Slovenia.
With respect to the geographical distribution of work 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 the technological research programme (TRP), 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.
In addition to cooperation in the long-term continuing framework outlined above, Slovenia and the Agency 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.
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 14 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. 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 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.
Slovenia 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 Slovenia’s representative and advisors attending any meetings in accordance with Article 5 above.
This Agreement may be amended by mutual consent. The Party wishing to amend a provision of this Agreement 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.
Where a dispute arises in relation to the application or interpretation of this Agreement which cannot be settled amicably between the Parties, it shall, at the request of either Party, be submitted to arbitration. The provisions of Article XVII of the Agency’s Convention shall apply unless the Parties agree otherwise.
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 for a period of five years following that date.
2. This Agreement may be terminated upon one year’s written notice by either Party before the end of the five-year period referred to in paragraph 15.1 above. The participation of Slovenia into the Agency 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.
3. One year before the expiry of this Agreement, the Parties shall proceed to a formal review of their cooperation under this Agreement. On the basis of that review, the Parties shall examine ways and means of continuing or further developing such cooperation including the possibility of Slovenia 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 on the basis of a written request to be made by Slovenia.
4. This Agreement may be renewed for further periods by mutual agreement. The present Agreement shall remain in force during the time necessary to complete the procedures for such renewal.
5. Upon its entry into force, the present Agreement shall replace the European Cooperating State (ECS) Agreement between the Agency and the Republic of Slovenia 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 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 at Paris on 5 July 2016 in two originals in the English language. The signatories may also establish translation hereof in the French, German and Slovenian languages, which shall not, however, be considered as authoritative for the purposes of interpretation.
Government of the
Republic of Slovenia
Zdravko Počivalšek (s)
Johann-Dietrich Woerner (s)