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Zakon o ratifikaciji Konvencije o ustanovitvi Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT), Protokola o spremembah – Spremembe Konvencije o ustanovitvi Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT) z dne 24. maja 1983, Protokola o privilegijih in imunitetah Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT), Sprememb Protokola o privilegijih in imunitetah Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT) in Sporazuma med Vlado Republike Slovenije in Evropsko organizacijo za uporabo meteoroloških satelitov (EUMETSAT) v zvezi s pristopom Republike Slovenije h Konvenciji o ustanovitvi Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT) in s tem povezanimi pogoji (MKEOMS)

OBJAVLJENO V: Uradni list RS (mednarodne) 1-3/2008, stran 27 DATUM OBJAVE: 8.1.2008

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3.  Zakon o ratifikaciji Konvencije o ustanovitvi Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT), Protokola o spremembah – Spremembe Konvencije o ustanovitvi Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT) z dne 24. maja 1983, Protokola o privilegijih in imunitetah Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT), Sprememb Protokola o privilegijih in imunitetah Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT) in Sporazuma med Vlado Republike Slovenije in Evropsko organizacijo za uporabo meteoroloških satelitov (EUMETSAT) v zvezi s pristopom Republike Slovenije h Konvenciji o ustanovitvi Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT) in s tem povezanimi pogoji (MKEOMS)

 
Na podlagi druge alinee prvega odstavka 107. člena in prvega odstavka 91. člena Ustave Republike Slovenije izdajam
 

U K A Z    o razglasitvi Zakona o ratifikaciji Konvencije o ustanovitvi Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT), Protokola o spremembah – Spremembe Konvencije o ustanovitvi Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT) z dne 24. maja 1983, Protokola o privilegijih in imunitetah Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT), Sprememb Protokola o privilegijih in imunitetah Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT) in Sporazuma med Vlado Republike Slovenije in Evropsko organizacijo za uporabo meteoroloških satelitov (EUMETSAT) v zvezi s pristopom Republike Slovenije h Konvenciji o ustanovitvi Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT) in s tem povezanimi pogoji (MKEOMS)

 
Razglašam Zakon o ratifikaciji Konvencije o ustanovitvi Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT), Protokola o spremembah – Spremembe Konvencije o ustanovitvi Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT) z dne 24. maja 1983, Protokola o privilegijih in imunitetah Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT), Sprememb Protokola o privilegijih in imunitetah Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT) in Sporazuma med Vlado Republike Slovenije in Evropsko organizacijo za uporabo meteoroloških satelitov (EUMETSAT) v zvezi s pristopom Republike Slovenije h Konvenciji o ustanovitvi Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT) in s tem povezanimi pogoji (MKEOMS), ki ga je sprejel Državni zbor Republike Slovenije na seji 19. decembra 2007.
 
Št. 003-02-10/2007
 
Ljubljana, dne 27. decembra 2007
 
dr. Danilo Türk l.r.    
Predsednik    
Republike Slovenije
 

Z A K O N    
O RATIFIKACIJI KONVENCIJE O USTANOVITVI EVROPSKE ORGANIZACIJE ZA UPORABO METEOROLOŠKIH SATELITOV (EUMETSAT), PROTOKOLA O SPREMEMBAH – SPREMEMBE KONVENCIJE O USTANOVITVI EVROPSKE ORGANIZACIJE ZA UPORABO METEOROLOŠKIH SATELITOV (EUMETSAT) Z DNE 24. MAJA 1983, PROTOKOLA O PRIVILEGIJIH IN IMUNITETAH EVROPSKE ORGANIZACIJE ZA UPORABO METEOROLOŠKIH SATELITOV (EUMETSAT), SPREMEMB PROTOKOLA O PRIVILEGIJIH IN IMUNITETAH EVROPSKE ORGANIZACIJE ZA UPORABO METEOROLOŠKIH SATELITOV (EUMETSAT) IN SPORAZUMA MED VLADO REPUBLIKE SLOVENIJE IN EVROPSKO ORGANIZACIJO ZA UPORABO METEOROLOŠKIH SATELITOV (EUMETSAT) V ZVEZI S PRISTOPOM REPUBLIKE SLOVENIJE H KONVENCIJI O USTANOVITVI EVROPSKE ORGANIZACIJE ZA UPORABO METEOROLOŠKIH SATELITOV (EUMETSAT) IN S TEM POVEZANIMI POGOJI (MKEOMS)

 

1. člen

 
Ratificirajo se Konvencija o ustanovitvi Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT), sestavljena v Ženevi 24. maja 1983, Protokol o spremembah – Spremembe Konvencije o ustanovitvi Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT) z dne 24. maja 1983, sestavljene v Ženevi 5. junija 1991, Protokol o privilegijih in imunitetah Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT), sestavljen v Darmstadtu 1. decembra 1986, Spremembe Protokola o privilegijih in imunitetah Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT), sestavljene v Darmstadtu 26. junija 2001, in Sporazuma med Vlado Republike Slovenije in Evropsko organizacijo za uporabo meteoroloških satelitov (EUMETSAT) v zvezi s pristopom Republike Slovenije h Konvenciji o ustanovitvi Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT) in s tem povezanimi pogoji, podpisanega v Ljubljani 9. marca 2007.
 

2. člen

 
Besedila Konvencije o ustanovitvi Evropske organizacije za uporabo meteoroloških satelitov (Eumetsat), Protokola o spremembah – Spremembe Konvencije o ustanovitvi Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT) z dne 24. maja 1983, Protokola o privilegijih in imunitetah Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT), Sprememb Protokola o privilegijih in imunitetah Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT) v izvirniku v angleškem jeziku in prevodu v slovenskem jeziku ter besedilo Sporazuma med Vlado Republike Slovenije in Evropsko organizacijo za uporabo meteoroloških satelitov (EUMETSAT) v zvezi s pristopom Republike Slovenije h Konvenciji o ustanovitvi Evropske organizacije za uporabo meteoroloških satelitov (EUMETSAT) in s tem povezanimi pogoji v slovenskem in angleškem jeziku se glasijo:
 

C O N V E N T I O N    
FOR THE ESTABLISHMENT OF A EUROPEAN ORGANISATION FOR THE EXPLOITATION OF METEOROLOGICAL SATELLITES ("EUMETSAT")

 

The States parties to this Convention,
    CONSIDERING that:
    – the safety of populations and the efficient execution of numerous human activities are conditioned by meteorological data and that it calls for more accurate and prompter forecasts;
    – the possibility of improving the forecasts to a large extent depends on the availability of meteorological observations, local as well as global, including those relating to remote and desert regions;
    – meteorological satellites have proved their aptitude and unique potential as a complement to the ground observation systems, particularly in respect of permanent weather monitoring and the carrying out and speedy collection of observations over the most inaccessible areas of the earth's surface;
    NOTING that:
    – the World Meteorological Organisation has recommended its members to improve meteorological data bases and strongly supported plans to develop and exploit a global satellite observation system in order to contribute to the "World Weather Watch";
    – the Meteosat experimental programme, conducted by the European Space Agency, has demonstrated Europe's capacity to assume its share of responsibility in the operation of a global satellite observation system;
    RECOGNISING that:
    – no national or international organisation has planned any arrangement to provide Europe with all meteorological satellite data necessary to cover its zones of interest;
    – the magnitude of the human, technical and financial resources required for activities in the space field is such that these resources lie beyond the means of any single European country;
    – it is desirable to provide the European meteorological organisations with a framework for cooperation enabling them to embark on joint activities making use of space technologies applicable to meteorological research and weather forecasting;
    have agreed as follows:

Article 1

Establishment of Eumetsat

1. A European Organisation for the Exploitation of Meteorological Satellites, hereinafter referred to as "Eumetsat", is hereby established.
    2. The members of Eumetsat, hereinafter referred to as "Member States", shall be those States that are Parties to this Convention in pursuance of the provisions of Article 15.2 or 15.3.
    3. Eumetsat shall have legal personality. It shall in particular have the capacity to acquire and dispose of movable and immovable property and to be party to legal proceedings.
    4. The organs of Eumetsat shall be the Council and the Director.
    5. The Headquarters of Eumetsat shall provisionally be located in the European Space Agency's premises in Paris. The final decision on the location of the Headquarters shall be taken by the Council, in accordance with the provisions of Article 5.2(b)(viii) below.
    6. The official languages of Eumetsat shall be English and French.

Article 2

Objectives

1. The primary objective of Eumetsat is to establish, maintain and exploit European systems of operational meteorological satellites, taking into account as far as possible the recommendations of the World Meteorological Organisation.
    2. The definition of the initial system is contained in Annex I.
    3. In the execution of its objectives, Eumetsat shall:
    (a) take maximum advantage of the technologies developed in Europe in particular in the field of meteorological satellites by providing for operational continuation of the programmes that have proved technically successful and cost-effective;
    (b) rely as appropriate on the capabilities of the existing international organisations carrying out activities in a similar field;
    (c) contribute to the development of space meteorology techniques and meteorological observing systems using satellites that may lead to improved services at optimum cost.

Article 3

Cooperation

For the purpose of achieving its objectives Eumetsat shall, as far as possible, and in conformity with meteorological tradition, cooperate with the Governments and national organisations of the Member States, as well as with non-member States and governmental and non-governmental international scientific and technical organisations whose activities are related to its objectives. Eumetsat may conclude agreements to that end.

Article 4

The Council

1. The Council shall be composed of not more than two representatives of each Member State, one of whom should be a delegate of his country's meteorological service. The representatives may be assisted by advisers during meetings of the Council.
    2. The Council shall elect from among its members a Chairman and a Vice-Chairman who shall hold office for two years and may be re-elected not more than once. The Chairman shall conduct the discussions of the Council and shall not have the capacity of a representative of a Member State.
    3. The Council shall meet in ordinary session at least once a year. It may meet in extraordinary session at the request of either the Chairman or one-third of the Member States. The Council shall meet at the Eumetsat Headquarters unless it decides otherwise.
    4. The Council may establish subsidiary bodies and working groups as it deems necessary for the achievement, of the objectives of Eumetsat.
    5. The Council shall adopt its own rules of procedure.

Article 5

Role of the Council

1. The Council shall have the powers to adopt all the measures necessary for the implementation of this Convention.
    2. In particular, the Council shall be empowered,
    (a) by an unanimous vote of all the Member States:
    (i) to decide on the accession of states referred to in Article 15.3, and on the terms and conditions governing such accession;
    (ii) to decide on amendments to the Annexes and on the date of their entry into force;
    (iii) to approve the conclusion of cooperation Agreements with non-member States;
    (iv) to decide to dissolve or not to dissolve Eumetsat in conformity with Article 19;
    (v) to decide on the modalities for embarking on the execution of systems other than that defined in Annex I. and matching the objectives of Eumetsat;
    (b) by a two-thirds majority vote of the Member States present and voting representing also at least two-thirds of the total amount of contributions:
    (i) to adopt the annual budget, together with the level of staff complements and the expenditure and income forecast for the following three years attached thereto;
    (ii) to approve annually the accounts of the previous year, together with the balance sheet of the assets and liabilities of Eumetsat, after taking note of the auditor's report, and give discharge to the Director in respect of the implementation of the budget;
    (iii) to adopt the appropriate measures referred to in Article 9.4;
    (iv) to adopt the financial rules as well as all other financial provisions;
    (v) to fix the amount of the special payment referred to in Article 16.5;
    (vi) to decide on the way Eumetsat will be dissolved pursuant to the provisions of Article 19.3 and 4;
    (vii) to decide on the exclusion of a Member State pursuant to the provisions of Article 13;
    (viii) to decide on any transfer of the Eumetsat Headquarters;
    (ix) to adopt the staff rules;
    (c) by a two-thirds majority of the Member States present and voting,
    (i) to appoint the Director for a specific period, and terminate or suspend his appointment; in the case of suspension the Council shall appoint an Acting Director;
    (ii) to define the operational specifications of the European meteorological satellite system, as well as the products and services which the system will provide to the Member States, as described in Annex I;
    (iii) to approve the conclusion of any Agreement with Member States, international governmental and non-governmental organisations, or national organisations of Member States;
    (iv) to adopt recommendations to the Member States concerning amendments to this Convention;
    (v) to adopt its own rules of procedure;
    (vi) to appoint the auditors and to decide the length of their appointments;
    (d) by a majority of the Member States present and voting,
    (i) to approve appointments and dismissals of senior staff;
    (ii) to decide on the setting-up of subsidiary bodies and working groups and define their terms of reference;
    (iii) to decide on any other measures not explicitly provided for in this Convention.
    3. Each Member State shall have one vote in the Council. However, a Member State shall have no vote in the Council if the amount of its arrears of contributions exceeds the assessed amount of its contributions for the current financial year. In such case the Member State concerned may nevertheless be authorised to vote if a two-thirds majority of all the Member States entitled to vote considers that the non-payment is due to circumstances beyond its control. For the purpose of determining unanimity or the majorities provided for in the present Convention, no account shall be taken of a Member State that is not entitled to vote.
    The expression "Member States present and voting" shall mean the Member States voting for or against. Member States that abstain shall be considered as not voting.
    4. The presence of representatives of a majority of all the Member States entitled to vote shall be necessary to constitute a quorum. Council decisions in respect of urgent matters may be secured by means of a written procedure in the interval between Council meetings.

Article 6

The Director

1. The Director shall be responsible for the implementation of the decisions taken by the Council and for the execution of the tasks assigned to Eumetsat. He shall be the legal representative of Eumetsat and in that capacity he shall sign Agreements approved by the Council, as well as contracts.
    2. The Director shall act on the instructions of the Council. He shall in particular,
    (a) ensure the proper functioning of Eumetsat;
    (b) receive the contributions of the Member States;
    (c) enter into the commitments and incur the expenditure decided on by the Council, within the limit of the authorised credits;
    (d) draft tender invitations and contracts;
    (e) prepare the meetings of the Council and provide the meetings of any working groups with the necessary technical and administrative assistance;
    (f) monitor and control the execution of contracts;
    (g) prepare and implement the budget of Eumetsat in accordance with the financial rules and submit annually for approval by the Council the accounts relating to the implementation of the budget and the balance sheet of assets and liabilities, drawn up in each case in accordance with the financial rules, and the report on the activities of Eumetsat;
    (h) maintain the necessary accounts;
    (i) execute such other tasks as may be entrusted to him by the Council.
    3. The Director shall be supported by a Secretariat.

Article 7

Staff of the Secretariat

1. Except as provided for in the second paragraph of this clause the staff of the Secretariat shall be governed by the staff rules adopted by the Council under the provisions of Article 5.2(b). Where the conditions of employment of a staff member of the Secretariat are not governed by the said rules, they shall be governed by the law applicable in the country where the person concerned is carrying out his duties.
    2. Staff shall be recruited on the basis of their qualifications, account being taken of the international character of Eumetsat. No post may be reserved to nationals of a specific Member State.
    3. Staff of national bodies of the Member States may be employed by and made available to Eumetsat for a specific period.
    4. The Council shall, in conformity with Article 5.2(d), approve appointments and dismissals of senior staff as defined in the staff rules. Other staff members shall be appointed and may be dismissed by the Director acting under authority delegated by the Council. The Director shall have authority over the Secretariat staff as a whole.
    5. The Member States shall respect the international character of the responsibilities of the Director and members of the Secretariat. In the exercise of their duties, the Director and members of the Secretariat shall neither seek nor accept instructions from any Government or any authority external to Eumetsat.

Article 8

Liability

1. Eumetsat offers no warranty in respect of the services and products provided or to be provided pursuant to this Convention.
    2. Eumetsat, the Member States, and their civil servants or employees when acting in the exercise of their functions and within the limits of their authority, as well as any representative at Eumetsat meetings, shall not be liable to any Member State or Eumetsat in respect of loss or injury resulting from any discontinuation, delay or unsatisfactory operation of the services provided in accordance with Annex I to this Convention.
    3. No Member shall be liable for the acts and obligations of Eumetsat linked with the establishment of the space, segment of Eumetsat, except where such liability results from a treaty to which that Member State and a State claiming compensation are parties. In that case, Eumetsat shall indemnify the Member State concerned in respect of any such liability, unless the latter has expressly, undertaken to assume exclusively such liability. The Council shall establish the procedures for the implementation of this paragraph.

Article 9

Funding principles

1. The expenditure of Eumetsat shall comprise the costs relating to the services provided by contractors and suppliers, as well as the expenditure necessary for the execution of the duties devolving on it.
    2. The expenditure of Eumetsat shall be covered by the financial contributions of the Member States and by any other Eumetsat income.
    3. Each Member State shall pay to Eumetsat an annual contribution in convertible currency on the basis of the scale contained in Annex II. The methods of payment of the contributions shall be determined in the financial rules.
    4. If, subsequent to the date of entry into force of this Convention pursuant to either paragraph 1 or paragraph 2 of Article 16, a Member State ceases to be a party to the Convention or if a State accedes to it, the Council shall examine the corresponding consequences and shall adopt the appropriate measures. In addition, the scale of contributions referred to in Annex II may be adjusted on a pro rata basis.
    5. The financial rules shall define the applicable procedure in the event of the non-payment of contributions of a Member State, as well as the additional charges on the Member State that is in arrears with its contributions.
    6. The Council may accept voluntary contributions, whether in cash or otherwise, provided they are made for purposes compatible with the objectives, activities and principles of conduct of Eumetsat.

Article 10

The Budget

1. The budget shall be established in terms of European Currency Units (ECU) as defined in the Financial Regulations of the European Communities no. 3180/78 of 18 December 1978.
    2. The financial year shall run from 1 January to 31 December.
    3. The annual budget of Eumetsat shall be drawn up for each financial year before the beginning of that year under the conditions laid down in the Financial Rules. The revenue and expenditure shown in the budget shall be in balance.
    4. The Council shall, in conformity with Article 5.2(b), adopt the budget for each financial year, as well as any supplementary and amending budgets.
    5. The Council's adoption of the budget shall constitute:
    (a) the obligation for each Member State to make available to Eumetsat the financial contributions fixed in the budget;
    (b) the authority for the Director to incur commitments and expenditure within the limit of the corresponding authorised credits.
    6. If the budget has not been adopted by the Council by the beginning of a financial year, the Director may, each month, enter into commitments and make payments in each chapter of the budget up to one twelfth of the appropriations in the budget of the preceding financial year, provided that he shall not have at his disposal appropriations in excess of one twelfth of those provided for in the draft budget.
    7. Member States shall pay each month, on a provisional basis and in accordance with the scale referred to in Annex II, the amounts necessary for the application for paragraph 6.
    8. The detail of the financial arrangements and accounting procedures shall be contained in the financial rules adopted by the Council in conformity with Article 5.2(b).

Article 11

Audit

1. The accounts of all revenue and expenditure shown in the budget and the balance sheet of the assets and liabilities of Eumetsat shall, under the conditions laid down in the financial rules, be submitted for annual audit. The auditors shall submit to the Council each year a report on the accounts.
    2. The Director shall give the auditors any information and assistance needed for the execution of their task.
    3. The further detail of the audit shall be determined by the Council.

Article 12

Privileges and immunities

Eumetsat shall enjoy the privileges and immunities that are necessary for the performance of its official activities, in conformity with a Protocol to be drawn up subsequently.

Article 13

Non-fulfilment of obligations

A Member State that fails to fulfil its obligations under this Convention shall cease to be a member of Eumetsat, if the Council so decides in conformity with the provisions of Article 5.2(b), the State concerned not taking part in the vote on this issue. The decision shall take effect at the end of the financial year during which it was taken. The provisions of paragraphs 2 and 3 of Article 18 shall apply.

Article 14

Disputes

1. Any dispute between two or more Member States, or between any of them and Eumetsat, concerning the interpretation or application of this Convention or its Annexes, that cannot be settled by or through the Council, shall, at the request of any Party to the dispute, be submitted to an Arbitration Tribunal, unless the Parties agree on another mode of settling the dispute.
    2. The Arbitration Tribunal shall consist of three members. Each Party to the dispute shall nominate one arbitrator within a period of two months reckoned from the date of receipt of the request referred to in paragraph 1 above. The first two arbitrators shall, within a period of two months reckoned from the nomination of the second arbitrator, nominate the third arbitrator, who shall be the chairman of the Arbitration Tribunal and who may not be a national of a State that is a Party to the dispute. If one of the two arbitrators has not been nominated within the required period he shall, at the request of either Party, be nominated by the President of the International Court of Justice or, if there is no agreement between the Parties to call on the latter, by the Secretary General of the Permanent Court of Arbitration. The same procedure shall apply if the Chairman of the Arbitration Tribunal has not been nominated within the required period.
    3. The Arbitration Tribunal shall itself determine its seat and establish its own rules of procedure.
    4. Each Party shall bear the cost relating to the arbitrator for whose nomination it is responsible, as well as the costs of being represented before the Tribunal. The expenditure relating to the Chairman of the Arbitration Tribunal shall be shared equally by the Parties to the dispute.
    5. The award of the Arbitration Tribunal shall be made by a majority of its members, who may not abstain from voting. This award shall be final and binding on all Parties to the dispute and no appeal shall lie against it. The Parties shall comply with the award without delay. In the event of a dispute as to its meaning or scope, the Arbitration Tribunal shall interpret it at the request of any Party to the dispute.

Article 15

Signature, Ratification and Accession

1. This Convention shall be open for signature by the States that took part in the Conference of Plenipotentiaries on the setting-up of a European Organisation for the Exploitation of Meteorological Satellites.
    2. The said States shall become Parties to this Convention either
    – by signature not subject to ratification, acceptance or approval, or
    – by the deposit of an instrument of ratification, acceptance or approval with the depositary if the Convention was signed subject to ratification, acceptance or approval.
    3. From the date of entry into force of this Convention, any State that did not take part in the Conference of Plenipotentiaries referred to in paragraph 1 of this Article may accede to it following a Council decision taken in conformity with the provisions of Article 5.2(a). A State that wishes to accede to this Convention shall notify the Director accordingly and the latter shall inform the Member States of the request at least three months before it is submitted to the Council for decision. The Council shall determine the terms and conditions for the accession of the State in question, in conformity with Article 5.2(a).
    4. The instruments of ratification, acceptance, approval and accession shall be deposited with the Government of the Swiss Confederation, referred to as "the depositary".

Article 16

Entry into force

1. This Convention shall enter into force sixty days after the date on which States whose aggregate contributions according to the scale at Annex II amount to at least 85% of the total amount of the contributions have become Parties to the Convention in implementation of Article 15.2.
    2. If the requirements for entry into force of this Convention in accordance with paragraph 1 of this Article have not been met 2 years after the date on which the Convention was opened for signature, the depositary shall, at the earliest time possible, convene the Governments of the States which have signed the Convention without their signature being subject to ratification, acceptance or approval or which have deposited instruments of ratification, acceptance or approval. These Governments may then decide that notwithstanding the requirements of paragraph 1 the Convention shall enter into force among them. In taking such a decision these Governments shall agree upon the date of entry into force and a revision of the scale of contributions referred to in Annex II.
    3. Following the entry into force of the Convention pursuant to either paragraph 1 or paragraph 2 of this Article, and pending the deposit of its instrument of ratification, acceptance or approval, a State that has signed the Convention subject to ratification, acceptance or approval may take part in Eumetsat meetings without the right to vote.
    4. For any State that, subsequent to the date of entry into force of the Convention, pursuant to either paragraph 1 or paragraph 2 of this Article, signs the Convention without its signature being subject to ratification, acceptance or approval, or deposits its instrument of ratification, acceptance or approval, and for any State that accedes to it, the Convention shall take effect on the date of signature by the said State or on the date of deposit of its instrument of ratification, acceptance, approval or accession, as the case may be.
    5. Any State referred to in Article 15.1 that becomes a Party to the Convention shall, in as far as is necessary, make a special payment towards the investments already made for setting up the initial system as described in Annex I, calculated On the basis of the rate of contribution of that State and fixed in Annex II or determined by the Council in conformity with Article 5.2(b). For any acceding State the special payment in question shall form part of the conditions governing accession, adopted by the Council in conformity with Article 5.2(a).

Article 17

Amendments

1. Any Member State may propose amendments to this Convention. The amendment proposals shall be sent to the Director who shall communicate them to the other Member States at least three months, prior to' their examination by the Council. The Council shall examine the said proposals and may, by a decision taken in conformity with Article 5.2(c) recommend the Member States to accept the proposed amendments.
    2. The amendments recommended by the Council shall enter into force thirty days following the receipt by the depositary of the Convention of the written declarations of acceptance of all the Member States.
    3. Notwithstanding the provisions of Article 5.2(b)(iii) the Council may, by a decision taken in conformity with Article 5.2(a), amend the Annexes to this Convention provided that any such amendment does not conflict with the Convention, at the same time determining, the corresponding date of entry into force for all the Member States.

Article 18

Denunciation

1. After this Convention has been in force for six years, any Member State may denounce it by notifying the depositary of the Convention. The denunciation shall take effect at the end of the financial year following that during which it was notified.
    2. After the denunciation has taken effect, the State concerned shall remain bound to honour its share of the payment appropriations corresponding to approved contract authority used both under the budget for the financial year in which the denunciation was notified and under previous budgets.
    3. The State concerned shall retain the rights it has acquired up to the date the denunciation takes effect.

Article 19

Dissolution

1. Eumetsat may at any time be dissolved by the Council by a decision in accordance with Article 5.2(a).
    2. Unless the Council decides otherwise, by a decision taken in conformity with Article 5.2(a), a Member State having denounced the Convention not taking part in the vote on this issue. Eumetsat shall be dissolved if, as a result of the denunciation of this Convention by one or more Member States under the provisions of Article 18.1, the contribution rate of each of the other Member States is increased by more than one-fifth compared to the rate laid down in Annex II.
    3. In the cases referred to in paragraphs 1 and 2, the Council shall appoint a liquidation authority.
    4. The assets shall be shared out among the States that are members of Eumetsat at the time of its dissolution pro rata to the contributions actually paid by them from the time of becoming Parties to this Convention. In the event of a deficit this shall be met by the same States pro rata to the contributions as assessed for the current financial year.

Article 20

Notification

The depositary shall notify the signatory and acceding States of:
    (a) all signatures of the Convention;
    (b) the deposit of any instrument of ratification, acceptance, approval or accession;
    (c) the entry into force of the Convention, pursuant to either paragraph 1 or paragraph 2 of Article 16;
    (d) the adoption and entry into force of any amendment to the Convention or to the Annexes thereto;
    (e) any denunciation of the Convention, or any loss of membership status in Eumetsat;
    (f) the dissolution of Eumetsat.

Article 21

Registration

Upon the entry into force of this Convention, the depositary shall register it with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations.

ANNEX I

SYSTEM DESCRIPTION

1. GENERAL
    The European Meteorological Satellite system will continue the preoperational Meteosat programme of geostationary satellites. The nominal position of the satellite will be over the 0o meridian. The system will comprise a space segment and a ground segment. The design of the spacecraft will be based on that of METEOSAT. The ground segment will also make use of the experience gained during the preoperational METEOSAT programme and will provide for the tracking and control of the spacecraft and for central processing of the data.
    2. FUNCTIONAL DESCRIPTION
    2.1 Space Segment
    The satellite will be equipped with the following capabilities:
    – Imagery in three spectral regions, visible, infra-red atmospheric window, infra-red water vapour band.
    – Dissemination of images and other data on two channels, each capable of transmitting digital or analogue data to users stations.
    – Collection of data transmitted from in situ measuring stations.
    – Distribution of meteorological data to earth stations.
    2.2 Ground Segment
    The ground segment will provide the following functions, most of which have to be performed in near real-time to meet meteorological requirements,
    – Control, monitoring and operational use of one active satellite.
    – Possibility of controlling a second satellite not in operation.
    – Reception and pre-processing of image data. Pre-processing is the process of determining and adjusting for radiometric and geometric variations in the raw data. It will comprise as a minimum, mutual registration of the different channels, calibration of the infra-red atmospheric window channel, image localization.
    – Dissemination of preprocessed images to primary (PDUS) and secondary (SDUS) user stations.
    – Dissemination through the satellite of miscellaneous data including administrative messages and charts supplied from meteorological services.
    – Dissemination of images from other meteorological satellites.
    – Acquisition and limited processing of messages from in situ measuring stations (Data Collection Platforms (DCP)) and their dissemination. Dissemination of these messages will include both input to the meteorological Global Telecommunication System and transmission through the satellite to users station. (These transmissions will be in addition to the other transmissions listed in this section).
    – Extraction of quantitative meteorological data, including wind vectors; other data needed for operational meteorology, such as sea surface temperature, upper tropospheric humidity, cloud amount and height; and a data set suitable for climatological purposes.
    – Archiving in digital form of all available images for a sliding period of at least five months and of all the produced elaborated meteorological information permanently.
    – Archiving on photographic film of at least 2 full disc images each day.
    – Retrieval of archived information.
    – Production and distribution of documentation including for instance an image catalogue and a system users' guide.
    – Quality control of products and transmissions.
    3. TECHNICAL PERFORMANCE
    3.1 Space Segment
    The detailed performance specification for the spacecraft will be decided by the participating States but will not be inferior to the specification for the preoperational METEOSATs except that the facility for "interrogating" data collection platforms through a dedicated down-link will be omitted.
    The following improvements are foreseen:
    – Improved lifetime as regards electric power and propellant.
    – Improved reliability of radiometer and electronics.
    – Water vapour channel to be brought to the same standard of design and manufacture as the other two channels; noise (interference) to be reduced.
    – Simultaneous operation of the infra-red window channel, the water vapour channel and both visible channels.
    – "In flight" calibration of the water vapour channel.
    – Temperature control of calibrating black body.
    – Modification of transponder to allow for distribution of digital data to earth stations in addition to preoperational METEOSAT functions.
    3.2 Ground Segment
    The technical performance for the functions listed in 2.2 shall at least be that of the preoperational system. The system will however be updated with the aim of improving reliability and reducing operating costs.
    4. BRIDGING ACTIVITIES
    The operation of the existing system, including Meteosat F1 and F2 and the satellite P2 (if launched within the framework of the pre-operational programme) will also be incorporated with the operational programme with effect from 24 November 1983.
    5. LAUNCH SCHEDULE
    5.1. The operational programme will cover the procurement of components and building of sub-units necessary for three new flight models (MO1, MO2, MO3) and one spare.
    Only one integration team will be used and the spacecraft will be integrated sequentially.
    MO1 will be launched when ready, in principle in the first half of 1987.
    MO2 will be launched about one and a half years later, in principle in the second half of 1988.
    MO3 will be launched in principle in the second half of 1990.
    This launch date could be moved as warranted by the status of the programme and the availability launchers at decision time.
    Insurance of the launches of MO1 and MO2 will be arranged in order to allow for integration and launch of an additional flight unit if necessary.
    5.2. The maximum amount referred to in Annex II assumes that all launches will share a dual launch on ARIANE. Participating States may decide by unanimous vote to use single launches if the programme requires it.
    6. DURATION OF THE PROGRAMME
    The use of the operational satellites resulting from the tentative schedule is expected to be 8.5 years starting with the launch of MO1 in 1986–87. In addition there will be bridging activities using existing satellites and providing operation of those satellites (F1, F2, P2) as available during the period from 24 November 1983 until the launch of MO1 in 1986–87. The expected overall duration of the programme is 12.5 years from beginning 1983 until mid 1995.

ANNEX II

I. Overall envelope
    The overall envelope for the initial system described in Annex I is estimated at 400 million accounting units (MAU) (mid-1982 prices and 1983 conversion rates) over the period 1983 to 1995, broken down as follows:

– maximum amount of expenditure
incurred by the Agency : 378 MAU
 
– Eumetsat Secretariat (10.5 years) : 10 MAU
 
– Eumetsat contingency margin : 12 MAU.

II. Scale of contributions
    The Member States shall contribute to the expenditure of Eumetsat in accordance with the following scale of contributions:

+--------------------------------------+-----------------------+
|Member State | %|
+--------------------------------------+-----------------------+
|Germany | 21,00|
+--------------------------------------+-----------------------+
|Austria | |
+--------------------------------------+-----------------------+
|Belgium | 4,00|
+--------------------------------------+-----------------------+
|Denmark | 0,50|
+--------------------------------------+-----------------------+
|Spain | 4,50|
+--------------------------------------+-----------------------+
|Finland | 0,30|
+--------------------------------------+-----------------------+
|France | 22,00|
+--------------------------------------+-----------------------+
|Greece | 0,30|
+--------------------------------------+-----------------------+
|Ireland | 0,10|
+--------------------------------------+-----------------------+
|Italy | 11,00|
+--------------------------------------+-----------------------+
|Norway | 0,50|
+--------------------------------------+-----------------------+
|Netherlands | 3,00|
+--------------------------------------+-----------------------+
|Portugal | 0,30|
+--------------------------------------+-----------------------+
|United Kingdom | 14,40|
+--------------------------------------+-----------------------+
|Sweden | 0,93|
+--------------------------------------+-----------------------+
|Switzerland | 2,60|
+--------------------------------------+-----------------------+
|Turkey | 0,50|
+--------------------------------------+-----------------------+

IN WHITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorised thereto, have signed this Convention.
    Done at Geneva, on the twenty fourth May nineteen hundred and eighty three
    in the English and French languages, both text being equally authoritative, in a single original which will be deposited in the archives of the Government of the Swiss Confederation, which shall transmit certified copies to all signatory and acceding States.

Convention for the establishment of a European Organisation for the Exploitation of Meteorological Satellites ("Eumetsat")

Procès-Verbal of Rectification of the English and French Authentic Texts

I the undersigned, Charles Rubin, Chief of the Treaty Section of the Federal Department of foreign affairs,
    Whereas several formal errors have been discovered in the original texts of the Convention for the establishment of a European Organisation for the Exploitation of Meteorological Satellites ("Eumetsat"), concluded at Geneva on 24 May 1983 and deposited by the Swiss Government;
    Whereas the proposals of rectification mentioned hereunder, which were communicated to the Governments of the Signatory States by notification of the Federal Department of foreign affairs on 15 August 1984, did not raise objection within a period of two months;
    Whereas now therefore the original texts in English and in French of the aforementioned Convention must be corrected as indicated below:
    1. Article 1, Paragraph 3
    To correspond with the French text the English text should be read as follows:
    3. Eumetsat shall have legal personality. It shall in particular have the capacity to contract, to acquire and dispose of movable and immovable property and to be party to legal proceedings.
    2. Article 6.2 e)
    Read the English text as follows:
    e) prepare the meetings of the Council and provide the meetings of possible subordinate bodies and working groups with the necessary technical and administrative assistance.
    3. Article 21
    Read the English text as follows:
    Upon the entry into force of this Convention, the depositary shall register it with the Secretary General of the United Nations in accordance with the Article 102 of the Charter of the United Nations.
    4. Article 3.1 of the Annex I, Paragraph 1
    Read the first Paragraph of the English text as follows:
    The detailed performance specification for the spacecraft will be decided by the Council but will not be inferior to the specification for the preoperational METEOSATs except that the facility for "interrogating" data collection platforms through a dedicated down-link will be omitted.
    5. Article 5.2 of the Annex I
    Read the last sentence of the English texts as follows:
    The Council may decide by unanimous vote to use single launches if the programme requires it.
    Have modified the original texts in English and in French of the aforementioned Convention by the corresponding corrections.
    In witness whereof, I have signed the present Procès-Verbal at Berne on 17 October 1984.
    (Rubin)

"A M E N D I N G     P R O T O C O L"
    AMENDMENTS TO THE CONVENTION FOR THE ESTABLISHMENT OF A EUROPEAN ORGANISATION FOR THE EXPLOITATION OF METEOROLOGICAL SATELLITES ("EUMETSAT"), of 24 May 1983

The EUMETSAT Council in accordance with Article 17.1 of the EUMETSAT Convention recommends to accept the following amendments to the Convention for the Establishment of an European Organisation for the Exploitation of Meteorological Satellites ("EUMETSAT") of 24 May 1983, hereinafter referred to as "the Convention":
    The Considerata of the Convention are amended as follows:
    – A new paragraph is added under "Considering";
    – All paragraphs under "Noting" are replaced by the following;
    – The first paragraph under "Recognising" is replaced by the following;
    "CONSIDERING that
    – Meteorological satellites, by virtue of their data coverage and operational characteristics, provide long term global data sets of vital importance for the monitoring of the earth and its climate, especially important for the detection of global change;
    NOTING that:
    – the World Meteorological Organization has recommended its members to improve meteorological data bases and strongly supported plans to develop and exploit a global satellite observation system in order to contribute to its programmes;
    – the METEOSAT satellites were successfully developed by the European Space Agency;
    – the METEOSAT operational programme (MOP) conducted by EUMETSAT has demonstrated Europe's capacity to assume its share of responsibility in the operation of a global satellite observation system;
    RECOGNISING that:
    – no other national or international Organisation provides Europe with all the meteorological satellite data necessary to cover its zones of interest;"

Article 1

Article 1 of the Convention is amended as follows:
    – The reference to Article 15.2 and 15.3 in paragraph 2 is replaced by a reference to Article 16.2 and 16.3.
    – The word "Director" in paragraph 4 is replaced by "Director-General".
    – Paragraph 5 is replaced by the following:

"The Headquarters of EUMETSAT shall be located in Darmstadt, Federal Republic of Germany, unless otherwise decided by Council in accordance with Article 5.2 (b) v."

Article 2

Article 2 of the Convention is amended as follows:
    – The title and paragraphs 1 and 2 are replaced by the following;
    – New paragraphs 4–9 are inserted;

"Article 2 – Objectives, Activities and Programmes

1 The primary objective of EUMETSAT is to establish, maintain and exploit European systems of operational meteorological satellites, taking into account as far as possible the recommendations of the World Meteorological Organization.
    A further objective of EUMETSAT is to contribute to the operational monitoring of the climate and the detection of global climatic changes.
    2 The definition of the initial system is contained in Annex I; further systems shall be established as defined in Article 3.
    4 For the purpose of achieving its objectives EUMETSAT shall, as far as possible, and in conformity with meteorological tradition, cooperate with the Governments and national organizations of the Member States, as well as with Non-Member States and governmental and non-governmental international scientific and technical organizations whose activities are related to its objectives. EUMETSAT may conclude agreements to that end.
    5 The General Budget comprises activities not linked to a specific programme. They shall represent the basic technical and administrative infrastructure of EUMETSAT including basic staff, buildings and equipment as well as preliminary activities authorised by the Council in preparation of future programmes not yet approved.
    6 The programmes of EUMETSAT shall include mandatory programmes in which all Member States participate and optional programmes with participation by those Member States that agree so to do.
    7 Mandatory programmes are:
    a) The METEOSAT Operational Programme (MOP) as defined in Annex 1 of the Convention;
    b) The basic programmes required to continue the provision of observations from geostationary and polar orbits;
    c) Other programmes as defined as such by the Council.
    8 Optional programmes are programmes within the objectives of EUMETSAT agreed as such by the Council.
    9 EUMETSAT may, outside the programmes referred to in paragraphs 6, 7 and 8 above but not in conflict with the objectives of EUMETSAT, carry out activities requested by third parties and approved by the Council in accordance with Article 5.2 (a). The cost of such activities shall be borne by the third party concerned."

Article 3

Article 3 of the Convention is deleted and replaced by the following:

"Article 3 – Adoption of Programmes and the General Budget

1 Mandatory programmes and the General Budget are established through the adoption of a Programme Resolution by the Council in accordance with Article 5.2 (a), to which a detailed Programme Definition, containing all necessary programmatic, technical, financial, contractual, legal and other elements is attached.
    2 Optional programmes are established through the adoption of a Programme Declaration by the Member States interested in accordance with Article 5.3 (a) to which a detailed Programme Definition, containing all necessary programmatic, technical, financial, contractual, legal and other elements is attached. Any optional programme shall fall within the objectives of EUMETSAT and be in accordance with the general framework of the Convention and the rules agreed by the Council for its application. The Programme Declaration shall be approved by the Council in an Enabling Resolution in accordance with Article 5.2 (d) (iii).
    Any Member State shall have the opportunity to participate in the preparation of a draft Programme Declaration and may become a Participating State of the optional programme within the time frame set out in the Programme Declaration.
    Optional programmes take effect once at least one third of all EUMETSAT Member States have declared their participation by signing the Declaration within the time frame set out and the subscriptions of these Participating States have reached 90% of the total financial envelope."

Article 4

Article 4 of the Convention is amended as follows:
    – In paragraph 1 the words "delegate of his country's meteorological service" are replaced by "delegate of the country's national meteorological service".
    – In paragraph 4 the words "objectives of EUMETSAT" are replaced by "objectives and programmes of EUMETSAT".

Article 5

Article 5 of the Convention is amended as follows:
    – Paragraph 2 is replaced by the following;
    – A new paragraph 3 is inserted;
    – Paragraphs 3 and 4 become paragraphs 4 and 5 and are amended.

"2 The Council shall in particular be empowered,

a) by an unanimous vote of all the Member States:
    i. to decide on the accession of States referred to in Article 16, and on the terms and conditions governing such accession;
    ii. to decide on the adoption of mandatory programmes and General Budget as referred to in Article 3.1;
    iii. to decide on the ceiling of contributions for the General Budget for a period of five years one year before the end of the period or to revise such a ceiling;
    iv. to decide on any measures of financing programmes, e.g. through loans;
    v. to authorise any transfer from a budget of a mandatory programme to another mandatory programme;
    vi. to decide on any amendment of an approved Programme Resolution and Programme Definition as referred to in Article 3.1;
    vii. to approve the conclusion of Cooperation Agreements with Non-Member States;
    viii. to decide to dissolve or not to dissolve EUMETSAT in conformity with Article 20;
    ix. to amend the Annexes to this Convention;
    x. to approve cost overruns of more than 10% thereby increasing the original financial envelope or ceiling of mandatory programmes (except for MOP);
    xi. to decide on activities to be carried out on behalf of third parties.
    b) by a two-thirds majority vote of the Member States present and voting representing also at least two-thirds of the total amount of GNP contributions (respectively MOP contributions for i. below):
    i. to adopt the annual budget for the MOP, together with the level of staff complements and the expenditure and income forecast for the following three years attached thereto;
    ii. to adopt the financial rules as well as all other financial provisions;
    iii. to decide on the way EUMETSAT will be dissolved pursuant to the provisions of Article 20.3 and 4;
    iv. to decide on the exclusion of a Member State pursuant to the provisions of Article 14, and on the conditions of such exclusion;
    v. to decide on any transfer, of the EUMETSAT Headquarters;
    vi. to adopt the Staff Rules;
    vii. to decide on the distribution policy for satellite data for mandatory programmes;
    c) by a vote representing at least two-thirds of the total amount of contributions and one half of the Member States present and voting:
    i. to adopt the annual General Budget and the annual budgets for mandatory programmes (except for MOP), together with their level of staff complements and the expenditure and income forecast for the following three years attached thereto;
    ii. to approve cost overruns of up to 10% thereby increasing the original financial envelope or ceiling (except for MOP);
    iii. to approve annually the accounts of the previous year, together with the balance sheet of the assets and liabilities of EUMETSAT, after taking note of the auditor's report, and give discharge to the Director-General in respect of the implementation of the budget;
    iv. to decide on all other measures relating to mandatory programmes that have a financial impact on the Organisation;
    d) by a two-thirds majority of the Member States present and voting:
    i. to appoint the Director-General for a specific period, and terminate or suspend his appointment; in the case of suspension the Council shall appoint an Acting Director-General;
    ii. to define the operational specifications of mandatory satellite programmes as well as the products and services;
    iii. to decide that an envisaged optional programme falls within the objectives of EUMETSAT and that the programme is in accordance with the general framework of the Convention and the rules agreed by Council for its application;
    iv. to approve the conclusion of any Agreement with Member States, international governmental and non-governmental Organisations, or national Organisations of Member States;
    v. to adopt recommendations to the Member States concerning amendments to this Convention;
    vi. to adopt its own rules of procedure;
    vii. to appoint the auditors and to decide the length of their apointments.
    e) by a majority of the Member States present and voting:
    i. to approve appointments and dismissals of senior staff;
    ii. to decide on the setting-up of subsidiary bodies and working groups and define their terms of reference;
    iii. to decide on any other measures not explicitly provided for in this Convention;
    3 For optional programmes the following specific rules apply:
    a) The Programme Declaration shall be adopted by a two-thirds majority of Member States interested, present and voting.
    b) All measures for the implementation of an optional Programme shall be decided upon by a vote representing at least two-thirds of the contributions and one-third of the Participating States present and voting.
    The coefficient of a Participating State is limited to 30%, even if the percentage of its financial contribution is higher.
    c) Any amendment of the Programme Declaration or any decision on accession requires unanimity of all Participating States.
    4 Each Member State shall have one vote in the Council. However, a Member State shall have no vote in the Council if the amount of its arrears of contributions exceeds the assessed amount of its contributions for the current financial year. In such cases the Member State concerned may nevertheless be authorised to vote if a two-thirds majority of all the Member States entitled to vote considers that the non-payment is due to circumstances beyond its control. For the purpose of determining unanimity of the majorities provided for in the Convention, no account shall be taken of a Member State that is not entitled to vote. The above rules shall apply mutatis mutandis to optional programmes.
    The expression "Member State present and voting" shall mean the Member States voting for or against. Member States that obtain shall be considered as not voting.
    5 The presence of representatives of a majority of all the Member States entitled to vote shall be necessary to constitute a quorum. This rule shall be applied mutatis mutandis to optional programmes. Council decisions in respect of urgent matters may be secured by means of a written procedure in the interval between Council meetings."

Article 6

Article 6 of the Convention is amended as follows:
    – The word "Director" is replaced by "Director-General" In the title of the Article and in paragraphs 1, 2 and 3.
    – In paragraph 2, a new subparagraph d) is inserted. Consequently, sub-paragraphs d) to i) become e) to j). Sub-paragraph g) is amended to read "budgets" instead of budget.

"Article 6 – Director-General

1 The Director-General...
    2 The Director-General...
    d) implement decisions of the Council regarding the financing of EUMETSAT;
    h) prepare and implement the budgets of EUMETSAT... implementation of the budgets...
    3 The Director-General..."

Article 7

Article 7 of the Convention is amended as follows:
    – In paragraph 1, the word "clause" is replaced by the word "Article".
    – In paragraph 4, the reference to Article 5.2 (b) is replaced by a reference to Article 5.2 (e); in addition, in paragraphs 4 and 5, the word "Director" is replaced by "Director-General".

Article 8

A new Article 8 is inserted. Consequently, all the following Articles are shifted accordingly.

"Article 8 – Ownership and Distribution of Satellite Data

1 EUMETSAT shall have worldwide exclusive ownership of all data generated by EUMETSAT’s satellites or instruments.
    2 EUMETSAT shall make available sets of data agreed by the Council to the national meteorological services of Member States of the World Meteorological Organization.
    3 The distribution policy regarding satellite data shall be decided in accordance with the rules laid down in Article 5.2 (b) for mandatory programmes" and 5.3 (b) for optional programmes. EUMETSAT, through the Secretariat, and the Member States shall be responsible for the implementation of this policy."

Article 9

Article 8 of the Convention becomes Article 9 and it is amended as follows:
    – In paragraph 2, the reference to Annex I to this Convention is deleted. Consequently, paragraph 2 ends after "... the services provided".

Article 10

Article 9 of the Convention becomes Article 10 and it is amended as follows:
    – Paragraphs 1, 3 and 4 are deleted;
    – Paragraph 2 becomes paragraph 1;
    – New paragraphs 2 to 7 are inserted;
    – Paragraphs 5 and 6 become paragraphs 8 and 9.

"2 Each Member State shall pay to EUMETSAT an annual contribution to the General Budget and to the mandatory programmes (except for MOP) on the basis of the average Gross National Product (GNP) of each Member State for the three latest years for which statistics are available.

The update of the statistics shall be made every three years.
    For MOP, each Member State shall pay to EUMETSAT an annual contribution on the basis of the scale contained in Annex II.
    3 Member States are bound to pay their contributions to mandatory programmes (except MOP) up to a maximum of 110% if a decision is taken according to Art. 5.2 (c)(ii).
    4 For optional programmes, each participating Member State shall pay to EUMETSAT an annual contribution on the basis of the scale agreed for the programme.
    5 In the case an optional programme is not fully subscribed within one year after the date at which it has taken effect in accordance with Article 3.2 the existing participants are bound to accept a new scale of contributions whereby the deficit is distributed pro rata, unless they agree unanimously on a different solution.
    6 All contributions shall be made in European Currency Units (ECU) as defined by the European Communities. For MOP contributions may also be made in any convertible currency.
    7 The methods of payment of the contributions, and the methods of updating the statistics for GNP, shall be determined in the Financial Rules."

Article 11

Article 10 of the Convention becomes Article 11 and it is amended as follows:
    – The title is replaced by "Budgets".
    – Paragraph 1 is replaced by the following: "Budgets shall be established in terms of ECU."
    – In paragraph 3, the words "annual budget" are replaced by "budgets".
    – Paragraph 4 is replaced by the following:

"4 The Council shall, in conformity with Article 5.2 (b) and (c), adopt the budget for MOP, the General Budget and the budgets for mandatory programmes for each financial year, as well as any supplementary and amending budgets. Member States participating in optional programmes shall adopt the budgets for these programmes in accordance with Article 5.3 (b)."

– In paragraph 5, the reference to the Council is deleted and the word "budget" is replaced by "budgets". The beginning of the paragraph therefore reads: "the adoption of the budgets shall constitute ….". In sub-paragraph a) "budget" is also replaced by "budgets"; in sub-paragraph b) "Director" is replaced by "Director-General".
    – In paragraph 6, the reference to the Council is deleted, and "Director" is replaced by "Director-General". The beginning of paragraph 6 is therefore: "If a budget has not been adopted by the beginning of a financial year, the Director-General may …. make payments in each chapter of the corresponding budget…".
    – Paragraph 7 is replaced by the following:

"7 Member States shall pay each month, on a provisional basis and in accordance with the scale of contributions, the amounts necessary for the application of paragraph 6 of this Article."

Article 12

Article 11 of the Convention becomes Article 12 and is amended as follows:
    – In paragraph 1, "budget" is replaced by "budgets";
    – In paragraph 2, "Director" is replaced by "Director-General".

Article 13

Article 12 of the Convention becomes Article 13.

Article 14

Article 13 of the Convention becomes Article 14 and reads as follows:

"Article 14 – Non-Fulfilment of Obligations

1 A Member State that fails to fulfil its obligations under this Convention shall cease to be a member of EUMETSAT, if the Council so decides in conformity with the provisions of Article 5.2 (b), the State concerned not taking part in the vote on this issue. The decision shall take effect at a date decided by the Council.
    2 If a Member State is excluded from the Convention, the scales of contributions for the General Budget and for the mandatory programmes shall be adjusted in accordance with Article 10.2. The Participating States shall, in accordance with the rules laid down in the Programme Declaration, decide about any adjustment of scales of contributions following the exclusion from optional programmes."

Article 15

Article 14 of the Convention becomes Article 15.

Article 16

Article 15 of the Convention becomes Article 16 and it is-amended as follows:
    – In paragraph 3, "Director" is replaced by "Director-General''.
    – New paragraphs 5 and 6 are inserted:

"5 Accession to the EUMETSAT Convention means as a minimum participation in the General Budget and in all the mandatory programmes. Participation in optional programmes is subject to a decision of the Participating States in accordance with Article 5.3(c). Any State that becomes a Party to the Convention shall make a special payment towards the investments already made taking into account the mandatory and optional programmes in which the State will participate. The amount of payment shall be determined in conformity with Article 5.2 (a)(i) as regards mandatory programmes and in conformity with Article 5.3 (c) as regards the optional programmes.

6 If a State accedes to the Convention the scale of contributions for the General Budget and for the mandatory programmes shall be adjusted by the Council. The Participating States shall decide about any adjustment of scales of contributions following the accession to any optional programme."

Article 17

Article 16 of the Convention becomes Article 17 and it is amended as follows:
    – In paragraph 1, the reference to Article 15.2 is changed to a reference to Article 16.2.
    – Paragraph 5 is deleted.

Article 18

Article 17 of the Convention becomes Article 18 and it is amended as follows:
    – In paragraph 1, "Director" is replaced by "Director-General"; the reference to Article 5.2 (c) is replaced by a reference to Article 5.2 (d) v;
    – In paragraph 3, the beginning is deleted. The paragraph begins with: "The Council may, by a decision taken in conformity with Article 5.2 (a) ….".

Article 19

Article 18 of the Convention becomes Article 19 and reads as follows:

"Article 19 – Denunciation

1 After this Convention has been in force for six years, any Member State may denounce it by notifying the depositary of the Convention, thereby leaving the General Budget, mandatory and optional programmes. The denunciation shall take effect for the General Budget at the end of the five year period for which the financial ceiling was decided, and for the mandatory or optional programmes at the time of the expiration of the programmes.
    2 The State concerned shall retain the rights it has acquired up to the date the denunciation takes effect with regard to the various programmes in which it was involved.
    3 If a Member State ceases to be a party to the Convention, the scale of contributions for the General Budget shall be adjusted in accordance with Article 10.2 for the five year period following the period in which the State concerned denounced the Convention.

Article 20

Article 19 of the Convention becomes Article 20 and it is amended as follows:
    – Paragraph 2 is replaced by the following:

"2 Unless the Council decides otherwise, EUMETSAT shall be dissolved if, as a result of the denunciation of this Convention by one or more Member States under the provision of Article 19.1 or as a result of an exclusion following Article 14.1 the contribution rate of each other Member State to the General Budget and to the mandatory programmes is increased by more than one fifth.

The decision on the dissolution shall be taken by the Council in conformity with Article 5.2 (a), a Member State having denounced the Convention or having been excluded not taking part in the vote on this issue."

Article 21

Article 20 of the Convention becomes Article 21 and it is amended as follows:
    – In paragraph (c), the reference to Article 16 is replaced by a reference to Article 17.

Article 22

Article 21 of the Convention becomes Article 22 and it is replaced by the following:

"Article 22 – Registration

Upon the entry into force of this Convention, and of any amendments to it, the depositary shall register them with the Secretary General of the United Nations in accordance with Article 102 of the Charter of the United Nations.

Article 23

1 The Convention and the present Protocol constitute one single unique instrument called "Convention for the Establishment of an European Organisation for the Exploitation of Meteorological Satellites (EUMETSAT)".
    2 The Annexes I and II to the Convention, including the System Description and the financial provisions relevant to the METEOSAT Operational Programme (MOP), shall remain valid until the expiration of the programme at the end of 1995.
    Upon the expiration of MOP, the Annexes will be considered as abrogated without requirement of further decision by the Member States of EUMETSAT.
    In future no further Annexes to the Convention will be established.
    3 The amendment shall enter into force in accordance with Article 17.2 of the EUMETSAT Convention.

P R O T O C O L
    ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN ORGANISATION FOR THE EXPLOITATION OF METEOROLOGICAL SATELLITES (EUMETSAT)

The States parties to the Convention for the Establishment of an European Organisation for the Exploitation of Meteorological Satellites (EUMETSAT), opened for signature at Geneva on 24 May 1983 (hereinafter referred to as the "Convention");
    WISHING to define the privileges and immunities in accordance with Article 12 of the Convention;
    AFFIRMING that the purpose of the privileges and immunities set forth in this Protocol is to ensure the efficient performance of the official activities of EUMETSAT;
    HAVE AGREED as follows:

Article 1

Use of Terms

For the purposes of this Protocol:
    a) "Member State" means a State party to the Convention;
    b) "archives" means all records, including correspondence documents, manuscripts, photographs, films, optical and magnetic recordings, data recordings and computer programmes, belonging to or held by EUMETSAT;
    c) "official activities" of EUMETSAT means all activities carried out by EUMETSAT in pursuance of its objectives as defined in Article 2 of the Convention and includes its administrative activities;
    d) "property" means anything that may be subject to a right of ownership as well as contractual rights;
    e) "representatives" of Member States means representatives and their advisers;
    f) "staff members" means the Director and all persons employed by EUMETSAT, holding permanent appointments and who are subject to its Staff Rules;
    g) "expert" means a person other than a staff member appointed to carry out a specific task on behalf of EUMETSAT and at its expense.

Article 2

Legal Personality

EUMETSAT shall have legal personality in accordance with Article 1 of the Convention. 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.

Article 3

Inviolability of Archives

The archives of EUMETSAT shall be inviolable.

Article 4

Immunity from Jurisdiction and Execution

(1) Within the scope of its official activities, EUMETSAT shall have immunity from jurisdiction and execution, except:
    a) in so far as, by decision of the Council, it has expressly waived such immunity in a particular case; the Council has the duty to waive this immunity in all cases where reliance upon it would impede the course of justice and it can be waived without prejudicing the interests of EUMETSAT;
    b) in respect of a civil action by a third party for damage arising from an accident caused by a vehicle or other means of transport belonging to or operated on behalf of EUMETSAT or in respect of a traffic offence involving such means of transport;
    c) in respect of the execution of an arbitration award-made under Article 21, 22 or 23 of this Protocol or Article 14 of the Convention;
    d) in the event of the attachment, pursuant to a decision by the administrative or judicial authorities, of the salaries and emoluments, including pension rights, owed by EUMETSAT to a staff member or a former staff member;
    e) in respect of a counterclaim directly connected with judicial proceedings initiated by EUMETSAT;
    f) in respect of any commercial activity in which EUMETSAT might engage.
    (2) The property of EUMETSAT, wherever located, shall be immune
    a) from any form of requisition, confiscation or expropriation;
    b) from any form of sequestration and administrative or provisional judicial constraint, except in the cases provided for in the preceding paragraph.

Article 5

Fiscal and Custom Provisions

(1) Within the scope of its official activities, EUMETSAT, its property and income shall be exempt from direct taxes.
    (2) When purchases or services of substantial value and necessary for the exercise of the official activities of EUMETSAT are made or used by EUMETSAT and when the price of such purchases and services includes taxes or duties, the Member State that has levied the taxes or duties shall take appropriate measures to grant exemption from such taxes or duties or to provide for their reimbursement, if they are identifiable.
    (3) Goods imported or exported by EUMETSAT and necessary for the exercise of its official activities shall be exempt from all import and export duties and taxes and from all import or prohibitions and restrictions.
    (4) The provisions of this Article shall not apply to taxes or duties which are no more than charges for public utility services.
    (5) Goods acquired or imported and exempted under this Article shall not be sold, hired out, lent or given away against payment or free of charge, except in accordance with conditions laid down by the Member States which have granted exemptions or reimbursements.

Article 6

Funds, Currency and Securities

EUMETSAT may receive and hold any kind of funds, currency, cash and securities. It may dispose of them freely for any of its official activities and hold accounts in any currency to the extent required to meet its obligations.

Article 7

Communication

(1) For its official communications and the transfer of all its documents, EUMETSAT shall enjoy treatment not less favourable than that accorded by each Member State to other comparable international organisations.
    (2) With regard to the transmission of data within the scope of its official activities, EUMETSAT shall enjoy in" the territory of each Member State treatment as favourable as that accorded by that State to its national meteorological service, taking into account the international obligations of that State in respect of telecommunications.

Article 8

Publications

The circulation of publications and other information material sent by or to EUMETSAT shall not be restricted in any way.

Article 9

Representatives

(1) Representatives of Member States shall while exercising their official functions and in the course of their journeys to and from the place of meeting, enjoy the following privileges and immunities:
    a) immunity from arrest and detention, and from seizure of their personal luggage, except in the case of a grave crime or when found committing, attempting to commit or just having committed an offence;
    b) immunity from jurisdiction, even after the termination of their mission, in respect of acts, including words spoken and written, done by them in the exercise of their functions; this immunity shall not apply, however, in the case of a traffic offence committed by a representative of a Member State, nor in the case of damage caused by a vehicle or other means of transport belonging to or driven by him;
    c) inviolability for all their official papers and documents;
    d) exemption from all measures restricting immigration and from aliens registration formalities;
    e) the same treatment in the matter of currency and exchange regulations as is accorded to the representatives of foreign governments on temporary official missions;
    f) the same treatment in the matter of customs as regards their personal, luggage as is accorded to the representatives of foreign governments on temporary official missions.
    (2) Privileges and immunities are accorded to representatives of Member States not for their personal advantage but in order to ensure complete independence in the exercise of their functions in connection with EUMETSAT. Consequently, a Member State has the duty to waive the immunity of a representative wherever retaining it would impede the course of justice and it can be waived without prejudicing the purposes for which it was accorded.
    (3) No Member State shall be obliged to accord privileges and immunities to its own representatives.

Article 10

Staff Members

The staff members of EUMETSAT shall enjoy the following privileges and immunities:
    a) immunity from jurisdiction, even after they have left the service at EUMETSAT, in respect of acts, including words written and spoken, done by them in the exercise of their function; this immunity shall not apply, however, in the case of a traffic offence committed by a staff member or in the case of damage caused by a vehicle of other means of transport belonging to or driven by him;
    b) exemption from all obligations in respect of national service, including military service;
    c) inviolability for all their official papers and documents;
    d) together with members of their families forming part of their households, exemption from all measures restricting immigration and from aliens registration formalities;
    e) together with members of their families forming part of their households, the same facilities as to reparation, in time of international crisis, as are normally accorded to staff members of international organisations;
    f) the same treatment in respect of currency and exchange regulations as is normally accorded to staff members of international organisations;
    g) exemption from all national income tax on their salaries and emoluments paid to them by EUMETSAT, excluding pensions and other similar benefits paid by EUMETSAT, from the date upon which staff members have begun to be liable for a tax on their salaries by EUMETSAT for the latter's benefit. The Member States reserve the right to take those salaries and emoluments into account when assessing the amount of tax to be applied to income from other sources;
    h) the right to import free of custom duties and other import charges their furniture and personal effects, including a motor vehicle, at the time of taking up their post in the territory of a Member State, and the right to export them free of duty upon termination of their functions, subject to the conditions laid down by the laws and regulations of the Member State concerned. Goods imported and exempted under this paragraph shall not be sold, hired out, lent or given away against payment or free of charge, except in accordance with the conditions laid down by the Member States which have granted the exemptions.

Article 11

Director

In addition to the privileges and immunities provided for staff members under Article 10, the Director shall enjoy:
    a) immunity from arrest and detention, except when found committing, attempting to commit or just having committed an offence;
    b) immunity from civil and administrative jurisdiction and execution enjoyed by diplomatic agents, except in the case of damage caused by a vehicle or other means of transport belonging to or driven by him;
    c) full immunity from criminal jurisdiction, except in the case of a traffic offence caused by a vehicle or other means or transport belonging to, or driven by him, subject to subparagraph (a) above;
    d) the same customs facilities as regards his personal luggage as are accorded to diplomatic agents.

Article 12

Social Security

Provided that the staff members are covered by a social security scheme of EUMETSAT providing adequate benefits, EUMETSAT, and its staff members shall be exempt from all compulsory contributions to national social security schemes, subject to agreements to be concluded with Member States concerned in accordance with Article 19 or equivalent measures taken by the Member States or other relevant provisions in force in the Member States.

Article 13

Experts

Experts other than the staff members shall enjoy the following privileges and immunities while performing their duties for EUMETSAT or carrying out missions on its behalf:
    a) immunity from jurisdiction, even after the termination of their mission, in respect of acts, including words spoken and written, done by them in the exercise of their functions; this immunity shall not apply, however, in the case of a traffic offence committed by an expert, nor in the case of damage caused by a vehicle or other means of transport belonging to or driven by him;
    b) inviolability for all their official papers and documents;
    c) exemption from all measures restricting immigration and from aliens' registration formalities;
    d) the same treatment in the matter of currency and exchanges regulations as is accorded to the representatives of foreign governments on temporary official missions.

Article 14

Waiver

(1) The privileges and immunities provided for in this Protocol are not granted to staff members and experts for their personal advantage. They are provided solely to ensure, in all circumstances, the unimpeded functioning of EUMETSAT and the complete independence of the persons to whom they are accorded.
    (2) The Director has the duty to waive the immunity of a staff member or an expert in all cases wherever retaining it would impede the course of justice and it can be waived without prejudicing the interests of EUMETSAT. In the case of the Director, the Council is competent to waive such immunity.

Article 15

Notification of Staff Members and Experts

The Director of EUMETSAT shall at least once every year notify the Member States of the names and nationalities of the staff members and experts.

Article 16

Entry, Stay and Departure

Member States shall take all appropriate measures to facilitate the entry into, stay in, or departure from their territories of representatives of Member States, staff members and experts.

Article 17

Security

The provisions of this Protocol shall not prejudice the right of each Member State to take all precautionary measures necessary in the interests of its security.

Article 18

Cooperation with the Member States

EUMETSAT shall co-operate at all times with the competent authorities of Member States in order to facilitate the proper administration of justice, to ensure the observance of the laws and regulations, and to prevent any abuse of the privileges, immunities and facilities provided for in this Protocol.

Article 19

Complementary Agreements

EUMETSAT may conclude with one or more Member States complementary agreements to give effect to the provisions of this Protocol as regards such State or States, and other arrangements to ensure the efficient functioning of EUMETSAT.

Article 20

Privileges and Immunities for Nationals and Permanent Residents

No Member State shall be obliged to accord the privileges and immunities referred to in Articles 9, 10 b), d), e), f) and h), 11 and 13 c) and d) to its own nationals or permanent residents.

Article 21

Arbitration Clause in Written Contracts

When concluding written contracts, other than those concluded in accordance with the staff regulations, EUMETSAT shall provide for arbitration. The arbitration clause of the special arbitration agreement concluded to this end shall specify the law and procedure applicable, the composition of the tribunal, the procedure for the appointment of the arbitrators and the seat of the tribunal. The execution of the arbitration award shall be governed by the rules in force in the State on whose territory the award is to be executed.

Article 22

Settlement of Disputes concerning Damage, Non-Contractual Responsibility or Staff Members and Experts

Any Member State may submit to arbitration in accordance with the procedure provided for in Article 14 of the Convention any dispute:
    (a) arising out of damage caused by EUMETSAT;
    (b) involving any other non-contractual responsibility of EUMETSAT;
    (c) involving a staff member or an expert and in which the person concerned can claim immunity from jurisdiction, if this immunity is not waived.

Article 23

Settlement of Disputes concerning the Interpretation or Application of this Protocol

Any dispute between EUMETSAT and a Member State or between two or more Member States concerning the interpretation or application of this Protocol which is not settled by negotiation or through the Council shall, at the request of any party to the dispute, be submitted to arbitration in accordance with the procedure provided for in Article 14 of the Convention.

Article 24

Entry into Force, Duration and Termination

(1) This Protocol shall be open for signature or accession by the States parties to the Convention.
    (2) The said States shall become parties to this Protocol:
    – either by signature that is not subject to ratification, acceptance or approval;
    – or by the deposit of an instrument of ratification, acceptance or approval with the Government of the Swiss Confederation, which shall be the depositary, if the Protocol has been signed subject to ratification, acceptance or approval;
    – alternatively, by the deposit of an instrument of accession.
    The Swiss Government shall notify all States that have signed or acceded to the Convention and the Director of EUMETSAT of the signatures, of the deposit of any instrument of ratification, acceptance, approval or accession, the entry into force of this Protocol, any denunciation of this Protocol, and of its expiry. Upon the entry into force of this Protocol, the depositary shall register it with the Secretary General of the United Nations in accordance with Article 102 of the Charter of the United Nations.
    (3) This Protocol shall enter into force thirty days after its signature by six States without their signatures being subject to ratification, acceptance or approval, or thirty days after the date of deposit of their instruments of ratification, acceptance, approval or accession.
    (4) Once this Protocol has entered into force, it shall take effect vis-a-vis the States that have signed it without their signatures being subject to ratification, acceptance or approval, or which have deposited their instruments of ratification, acceptance, approval or accession, thirty days after the date of signature or of deposit of the relevant instrument.
    (5) This Protocol shall remain in force until the expiry of the Convention.
    (6) Any denunciation of the Convention by a Member State in accordance with Article 18 of the Convention shall automatically imply denunciation by that State of this Protocol.
    IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorized thereto, have signed this Protocol.
    DONE at Darmstadt
    on the 1st of December 1986
    in the English and French languages, both texts being equally authoritative, in a single original which will be deposited in the archives of the Government of the Swiss Confederation, which shall transmit certified copies to all signatory and acceding States.

P R O T O C O L
    ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN ORGANISATION FOR THE EXPLOITATION OF METEOROLOGICAL SATELLITES (EUMETSAT)

Provisions amended pursuant to the decision of the 48th meeting of the EUMETSAT Council, held on 25 and 26 June 2001, and entered into force on 1st January 2004

TABLE OF CONTENTS
    ARTICLE II
    Director-General

PREAMBLE

The States parties to the Convention for the Establishment of a European Organisation for the Exploitation of Meteorological Satellites (EUMETSAT), opened for signature at Geneva on 24 May 1983, as amended by the Amending Protocol attached to Council Resolution EUM/C/Res. XXXVI, which entered into force on 19 November 2000 (hereinafter referred to as the "Convention");
    WISHING to define the privileges and immunities in accordance with Article 13 of the Convention;

ARTICLE 1

USE OF TERMS

For the purpose of this Protocol:
    f) "staff members" means the Director-General and all persons employed by EUMETSAT, holding permanent appointments and who are subject to its Staff Rules;
    g) "expert" means a person other than a staff member appointed to carry out a specific task on behalf of EUMETSAT and at its expense.

ARTICLE 4

IMMUNITY FROM JURISDICTION AND EXECUTION

1 Within the scope of its official activities, EUMETSAT shall have immunity from jurisdiction and execution, except:
    c) in respect of the execution of an arbitration award made under Article 21, 22 or 23 of this Protocol or Article 15 of the Convention;
    The property of EUMETSAT, wherever located, shall be immune

ARTICLE 11

DIRECTOR GENERAL

In addition to the privileges and immunities provided for staff members under Article 10, the Director-General shall enjoy:

ARTICLE 14

WAIVER

2 The Director-General has the duty to waive the immunity of a staff member or an expert in all cases wherever retaining it would impede the course of justice and it can be waived without prejudicing the interests of EUMETSAT. In the case of the Director-General, the Council is competent to waive such immunity.

ARTICLE 15

NOTIFICATION OF STAFF MEMBERS AND EXPERTS

The Director-General of EUMETSAT shall at least once every year notify the Member States of the names and nationalities of the staff members and experts.

ARTICLE 22

SETTLEMENT OF DISPUTES CONCERNING DAMAGE, NON-CONTRACTUAL RESPONSIBILITY OR STAFF MEMBERS AND EXPERTS

Any Member State may submit to arbitration in accordance with the procedure provided for in Article 15 of the Convention any dispute

ARTICLE 23

SETTLEMENT OF DISPUTES CONCERNING THE INTERPRETATION OR APPLICATION OF THIS PROTOCOL

Any dispute between EUMETSAT and a Member State or between two or more Member States concerning the interpretation or application of this Protocol which is not settled by negotiations or through the Council shall, at the request of any party to the dispute, be submitted to arbitration in accordance with the procedure provided for in Article 15 of the Convention.

ARTICLE 24

ENTRY INTO FORCE, DURATION AND TERMINATION

2 The Swiss Government shall notify all States that have signed or acceded to the Convention and the Director-General of EUMETSAT of the signatures, of the deposit of any instrument of ratification, acceptance, approval or accession, the entry into force of this Protocol, any denunciation of this Protocol, and of its expiry. Upon the entry into force of this Protocol, the depositary shall register it with the Secretary General of the United Nations in accordance with Article 102 of the Charter of the United Nations.
    6 Any denunciation of the Convention by a Member State in accordance with Article 19 of the Convention shall automatically imply denunciation by that State of this Protocol.

 

S P O R A Z U M
MED VLADO REPUBLIKE SLOVENIJE IN EVROPSKO ORGANIZACIJO ZA UPORABO METEOROLOŠKIH SATELITOV (EUMETSAT) V ZVEZI S PRISTOPOM REPUBLIKE SLOVENIJE H KONVENCIJI O USTANOVITVI EVROPSKE ORGANIZACIJE ZA UPORABO METEOROLOŠKIH SATELITOV (EUMETSAT) IN S TEM POVEZANIMI POGOJI

 

Uvod

 
Vlada Republike Slovenije (v nadaljnjem besedilu: Slovenija)
 
in
 
Evropska organizacija za uporabo meteoroloških satelitov, ustanovljena s konvencijo, ki je bila na voljo za podpis v Ženevi 24. maja 1983 in je začela veljati 19. junija 1986 (v nadaljnjem besedilu: Eumetsat)
 
sta se
 
OB UPOŠTEVANJU, da je Svet Eumetsata na svojem 15. zasedanju 4. in 5. junija 1991 priporočil državam članicam, naj sprejmejo spremembe konvencije, kot so predlagane v protokolu, priloženem k Sklepu Sveta EUM/C/Res. XXXVI, in da so spremembe začele veljati 19. novembra 2000;
 
GLEDE NA TO, da lahko v skladu s 16. členom Konvencije o ustanovitvi Evropske organizacije za uporabo meteoroloških satelitov (Eumetsat) (v nadaljnjem besedilu: konvencija) vsaka država pristopi h konvenciji, če tako v skladu s točko a drugega odstavka 5. člena sklene Svet Eumetsata;
 
GLEDE NA TO, da je Svet Eumetsata na svoji 34. seji od 24. do 26. junija 1997 določil status sodelujoče države kot vmesno stopnjo evropskih držav, ki želijo postati polnopravne članice Eumetsata;
 
GLEDE NA TO, da sta Slovenija in Eumetsat 9. julija 2003 podpisala Sporazum o sodelovanju med Vlado Republike Slovenije in Evropsko organizacijo za uporabo meteoroloških satelitov (Eumetsat);
 
OB UPOŠTEVANJU, da 7. člen omenjenega sporazuma določa, da sporazum velja pet let in da je treba v tretjem letu po začetku njegove veljavnosti uradno pregledati sodelovanje zaradi morebitnega pristopa Slovenije kot polnopravne članice k Eumetsatu;
 
NA ŽELJO Slovenije, da postane članica Eumetsata skladno s pogoji iz konvencije, izraženo v pismu ministra za okolje in prostor Republike Slovenije z dne 23. avgusta 2006;
 
OB UPOŠTEVANJU, da je Svet Eumetsata na 60. zasedanju 30. novembra in 1. decembra 2006 sprejel Sklep EUM/C/60/06/Res. I, v katerem se strinja, da Slovenija postane članica;
 
OB PREPRIČANJU, da bo ta pristop prispeval k izpolnjevanju ciljev, določenih v konvenciji;
 
OB UPOŠTEVANJU 16. in 17. člena konvencije
 
DOGOVORILI:
 

1. člen

 
Slovenija pristopa h konvenciji v skladu s tretjim odstavkom 16. člena konvencije.

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