Zakon o ratifikaciji Sporazuma o sodelovanju med Republiko Slovenijo in Evropskim centrom za srednjeročne vremenske napovedi (MSECSVN)

Dr. Hrček,
    As provided for by Article 3 of the Convention establishing the European Centre for Medium-Range Weather Forecast (hereinafter referred to as the Convention),
    Considering that the Republic of Slovenia (hereinafter referred to as Slovenia) wishes in accordance with international meteorological traditions to cooperate with the European Centre for Medium-Range Weather Forecast (hereinafter referred to as the Centre),
    The Centre proposes a co-operation agreement with Slovenia in the following terms:

Article 1

Being in the full agreement with the objectives of the Centre as defined in Article 2 of the Convention, Slovenia shall make available to the Centre all meteorological observations made or collected by Government agencies or institutions, as required.

Article 2

Slovenia shall be granted, free of charge, for its own requirements in the field of weather forecasting, a non-exclusive licence and any other non-exclusive right of use, in respect of industrial property rights, computer programs and technological information which result from work carried out pursuant to the Convention and which belong to the Centre.

Article 3

Unless otherwise agreed between the parties, the products received from the Centre under the terms of this agreement may not be communicated to third parties (non-member Governments or private entities) nor sold for commercial purposes. Slovenia will adhere to the rules and guidelines governing the distribution of results from the Centre’s work, and the dissemination of the Centre’s products, adopted by the Council of the Centre and applying to the Member States.

Article 4

The application and utilisation of the products received from the Centre under the terms of this agreement shall in no way engage the responsibility of the Centre.

Article 5

The results of the studies and research provided for in Article 2(1)(a) and (c) and the data referred to in Article 2 (1)(b) and (d) of the Convention will be made available to the meteorological office of Slovenia in the same form as to the meteorological offices of the Member States.

Article 6

The Centre shall not incur any expenses in connection with the submission of its meteorological products to Slovenia or with the establishment or maintenance of a telecommunication link between the Centre and Slovenia.

Article 7

Slovenia shall have access to the training facilities of the Centre under the same selection procedure as applies to the Member States of the Centre. The Centre shall not incur any expenses in relation to the travel and subsistence costs of trainees from Slovenia.

Article 8

The annual contribution of Slovenia to the Centre shall be one half of the contribution that Slovenia would have to pay under the provisions of Article 13(1) of the Convention were it a Member State.
    i) The annual contribution of Slovenia to the Centre shall be one half of the contribution that Slovenia would have to pay under the provisions of Article 13(1) of the Convention were it a Member State.
    ii) The annual contribution of Slovenia to the Centre shall be paid in accordance with Article 12 and 13 of the Convention. One half of the annual contribution shall be paid before 20 January and the remaining half before 1 June of the financial year concerned.
    iii) In the event of Slovenia requesting special services not provided for in this agreement, Slovenia and the Centre shall enter into additional agreement which shall lay down the terms and conditions of implementation, the nature of any possible Slovenian contribution and the remuneration for the services rendered.

Article 9

At the time that this agreement enters into force Slovenia shall pay a single additional contribution amounting to Ł 75,000.

Article 10

The single additional contribution mentioned in Article 9 may be reviewed if there is agreement to that effect between ECMWF and Slovenia.

Article 11

i) With regard to representation at meetings of the Council and its Advisory Committees, Slovenia shall be a member of the Advisory Committee of Co-operating States (ACCS).
    ii) The ACCS shall be invited to be represented at sessions of the Council and its relevant Advisory Committees by its Chairperson.

Article 12

Any dispute between the parties concerning the interpretation or the application of the provisions of this or any additional agreement subsequently entered into, which cannot be settled through direct negotiation, shall be referred to arbitration on the request of either of the parties. The arbitration procedure shall be in accordance with the following provisions:
    i) The dispute shall be referred to an arbitration tribunal, set up in accordance with the first subparagraph of paragraph ii) unless the parties to the dispute agree within three months on another form of settlement.
    ii) Each party to the dispute shall appoint one member of the arbitration tribunal within two months from the date on which the request referred to in paragraph i) is received. These members shall, within two months of the appointment of the second member, appoint a third member who shall be the chairman of the tribunal, and who shall not be a national of Slovenia. If the appointment of any of the three members of the tribunal has not been made within the prescribed period, it shall be made by the President of the International Court of Justice at the request of one of the parties.
    The arbitration tribunal shall take decisions by a majority. Its decisions shall bind the parties to the dispute. Each party shall bear the costs of the member of the tribunal appointed by it and those relating to its representation at proceedings before tribunal. Each party to the dispute shall bear an equal share of the costs relating to the chairman of the tribunal and any other expenses, unless the tribunal decides otherwise. The tribunal shall determine its other rules of procedure.

Article 13

In the case of armed conflict resulting in the rupture of communications between the Centre and Slovenia neither party shall be held responsible for failing to fulfil its obligations under this agreement. In this case either party shall be entitled to suspend the implementation of the agreement, by unilateral decision or by mutual agreement with the other party.

Article 14

i) This co-operation agreement shall be terminated either by dissolution of the Centre or by denunciation in writing by either party.
    ii) Unless otherwise mutually agreed, denunciation by either party shall take effect at the end of the second financial year following the year during which notice is given and Slovenia shall remain bound to contribute in accordance with the provisions of Article 8 of this agreement towards financing all commitments entered into by the Centre before such denunciation.
    If this proposed agreement is acceptable to Slovenia, I have the honour to propose that this letter, together with your reply in that sense, shall constitute an agreement between the European Centre for Medium-Range Weather Forecasts and the Republic of Slovenia, which shall enter into force on the date of the receipt of notification through diplomatic channels that the requirements for entry into force of the agreement stipulated by the internal legislation of the Slovenia have been met.
    Accept, Dr. Hrček, the assurances of my highest consideration.

Dr. Dušan Hrček
    Director
    Hydrometeorological Institute of Slovenia
    Vojkova 1b
    61000 Ljubljana
    SLOVENIA
    16 January 1997
    Mr. Burridge,
    I have the honour to acknowledge the receipt of your letter dated 6 December 1996, which reads as follows:
    “As provided for by Article 3 of the Convention establishing the European Centre for Medium-Range Weather Forecast (hereinafter referred to as the Convention),
    Considering that the Republic of Slovenia (hereinafter referred to as Slovenia) wishes in accordance with international meteorological traditions to cooperate with the European Centre for Medium-Range Weather Forecast (hereinafter referred to as the Centre),
    The Centre proposes a co-operation agreement with Slovenia in the following terms:

Article 1

Being in the full agreement with the objectives of the Centre as defined in Article 2 of the Convention, Slovenia shall make available to the Centre all meteorological observations made or collected by Government agencies or institutions, as required.

Article 2

Slovenia shall be granted, free of charge, for its own requirements in the field of weather forecasting, a non-exclusive licence and any other non-exclusive right of use, in respect of industrial property rights, computer programs and technological information which result from work carried out pursuant to the Convention and which belong to the Centre.

Article 3

Unless otherwise agreed between the parties, the products received from the Centre under the terms of this agreement may not be communicated to third parties (non-member Governments or private entities) nor sold for commercial purposes. Slovenia will adhere to the rules and guidelines governing the distribution of results from the Centre’s work, and the dissemination of the Centre’s products, adopted by the Council of the Centre and applying to the Member States.

Article 4

The application and utilisation of the products received from the Centre under the terms of this agreement shall in no way engage the responsibility of the Centre.

Article 5

The results of the studies and research provided for in Article 2(1)(a) and (c) and the data referred to in Article 2 (1)(b) and (d) of the Convention will be made available to the meteorological office of Slovenia in the same form as to the meteorological offices of the Member States.

Article 6

The Centre shall not incur any expenses in connection with the submission of its meteorological products to Slovenia or with the establishment or maintenance of a telecommunication link between the Centre and Slovenia.

Article 7

Slovenia shall have access to the training facilities of the Centre under the same selection procedure as applies to the Member States of the Centre. The Centre shall not incur any expenses in relation to the travel and subsistence costs of trainees from Slovenia.

Article 8

The annual contribution of Slovenia to the Centre shall be one half of the contribution that Slovenia would have to pay under the provisions of Article 13(1) of the Convention were it a Member State.
    i) The annual contribution of Slovenia to the Centre shall be one half of the contribution that Slovenia would have to pay under the provisions of Article 13(1) of the Convention were it a Member State.
    ii) The annual contribution of Slovenia to the Centre shall be paid in accordance with Article 12 and 13 of the Convention. One half of the annual contribution shall be paid before 20 January and the remaining half before 1 June of the financial year concerned.
    iii) In the event of Slovenia requesting special services not provided for in this agreement, Slovenia and the Centre shall enter into additional agreement which shall lay down the terms and conditions of implementation, the nature of any possible Slovenian contribution and the remuneration for the services rendered.

Article 9

At the time that this agreement enters into force Slovenia shall pay a single additional contribution amounting to Ł 75,000.

Article 10

The single additional contribution mentioned in Article 9 may be reviewed if there is agreement to that effect between ECMWF and Slovenia.

Article 11

i) With regard to representation at meetings of the Council and its Advisory Committees, Slovenia shall be a member of the Advisory Committee of Co-operating States (ACCS).
    ii) The ACCS shall be invited to be represented at sessions of the Council and its relevant Advisory Committees by its Chairperson.

Article 12

Any dispute between the parties concerning the interpretation or the application of the provisions of this or any additional agreement subsequently entered into, which cannot be settled through direct negotiation, shall be referred to arbitration on the request of either of the parties. The arbitration procedure shall be in accordance with the following provisions:
    i) The dispute shall be referred to an arbitration tribunal, set up in accordance with the first subparagraph of paragraph ii) unless the parties to the dispute agree within three months on another form of settlement.
    ii) Each party to the dispute shall appoint one member of the arbitration tribunal within two months from the date on which the request referred to in paragraph i) is received. These members shall, within two months of the appointment of the second member, appoint a third member who shall be the chairman of the tribunal, and who shall not be a national of Slovenia. If the appointment of any of the three members of the tribunal has not been made within the prescribed period, it shall be made by the President of the International Court of Justice at the request of one of the parties.
    The arbitration tribunal shall take decisions by a majority. Its decisions shall bind the parties to the dispute. Each party shall bear the costs of the member of the tribunal appointed by it and those relating to its representation at proceedings before tribunal. Each party to the dispute shall bear an equal share of the costs relating to the chairman of the tribunal and any other expenses, unless the tribunal decides otherwise. The tribunal shall determine its other rules of procedure.

Article 13

In the case of armed conflict resulting in the rupture of communications between the Centre and Slovenia neither party shall be held responsible for failing to fulfil its obligations under this agreement. In this case either party shall be entitled to suspend the implementation of the agreement, by unilateral decision or by mutual agreement with the other party.

Article 14

i) This co-operation agreement shall be terminated either by dissolution of the Centre or by denunciation in writing by either party.
    ii) Unless otherwise mutually agreed, denunciation by either party shall take effect at the end of the second financial year following the year during which notice is given and Slovenia shall remain bound to contribute in accordance with the provisions of Article 8 of this agreement towards financing all commitments entered into by the Centre before such denunciation.
    If this proposed agreement is acceptable to Slovenia, I have the honour to propose that this letter, together with your reply in that sense, shall constitute an agreement between the European Centre for Medium-Range Weather Forecasts and the Republic of Slovenia, which shall enter into force on the date of the receipt of notification through diplomatic channels that the requirements for entry into force of the agreement stipulated by the internal legislation of the Slovenia have been met.
    Accept, Dr. Hrček, the assurances of my highest consideration.”
    I have the honour to inform you that the Government of the Republic of Slovenia is in agreement with the foregoing and therefore your letter of 6 December 1996 together with this reply, constitute an Agreement between the European Centre for Medium-Range Weather Forecasts and the Republic of Slovenia, which shall enter into force on the date of the receipt of notification through diplomatic channels that the requirements for entry into force of the agreement stipulated by the internal legislation of my country have been met.
    Accept, Mr. Burridge, the assurances of my highest consideration.

David Burridge
    Director of the European Centre for
    Medium-Range Weather Forecast
    Shinfield Park,
    Reading, Berkshire
    RG2 9AX ENGLAND