(3) CONVENTION FOR THE ESTABLISHMENT OF A EUROPEAN ORGANIZATION FOR THE DEVELOPMENT AND CONSTRUCTION OF SPACE VEHICLE LAUNCHERS. (March 29, 1962)
Article 1 Establishment of the Organisation
(1)
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A European
Organisation for the Development and Construction of Space Vehicle Launchers
(hereinafter referred to as "the Organisation") is hereby established.
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(2)
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The seat of
the Organisation shall be in Paris.
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Article 2 Aims
(1)
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The
Organisation shall have as its aim the development and construction of space
vehicle launchers and their equipment suitable for practical applications and
for supply to eventual users.
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(2)
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The
Organisation shall concern itself only with peaceful applications of such
launchers and equipment.
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(3)
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The results
of the work of the Organisation shall be freely accessible to Member States,
in accordance with the provisions of this Convention.
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(4)
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The
Organisation shall seek to promote the co-ordinated development of techniques
relevant to its activity in the Member States and shall assist Member States,
on request, to make use of the techniques used or developed in the course of
its work.
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Article 3 Membership
(1)
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The Members
of the Organisation shall be those States which sign and ratify this
Convention in accordance with Articles 26 and 27.
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(2)
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Other States
may be invited to become Members of the Organisation by acceding to this
Convention on such terms as the Council referred to in Article 13 shall
decide.
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Article 4 Participation in Programmes
(1)
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The States
parties to this Convention shall participate in the initial programme
described in Article 16.
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(2)
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Further
programmes shall be decided by the Council.
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(3)
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Subject to
the provisions of Article 18 (3), every Member State shall be obliged to contribute
financially to further programmes, unless it formally declares itself as not
interested and therefore does not participate in them.
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Article 5 Facilities
(1)
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The
Organisation shall use to the fullest extent practicable any facilities
available to Member States.
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(2)
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The
Organisation may, if necessary, establish additional facilities.
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(3)
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Any Member
State participating in a programme of the Organisation shall be entitled to
use for any peaceful purpose of its own, facilities that have been made
available to the Organisation by another State or have been established by it
in the course of that programme subject to the approval having first been
obtained of the State within whose jurisdiction the facilities are situated
and on conditions agreed with that State and, in the case of facilities
established by the Organisation, with the Organisation. The Member State
which makes facilities available to the Organisation shall retain the right
to use those facilities freely and by priority, with due regard to the
contractual arrangements between that State and the Organisation.
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(4)
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Any
arrangement between the Organisation and a Member State for the creation of
facilities on the territory of that State shall provide for the circumstances
which would arise should that State cease to be a Member of the Organisation.
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Article 6 Distribution of Work and Placing of Contracts
(1)
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Within the
framework of the decisions of the Council on the distribution of work in
accordance with the provisions of Article 14 (2) (f) and within the budgetary
provisions made by the Council, whenever the Government of the Member State
to which work is allotted so desires, contracts for carrying out the initial
programme shall be placed by that Government according to its usual
procedures or such other procedures as may be adopted by a unanimous decision
of the Council. Such contracts shall be carried out at the expense of the
Organisation.
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(2)
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Contracts
may also be placed directly by the Organisation in agreement with the
Government of the State in the territory of which the work is to be carried
out.
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(3)
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The Council
shall determine the adequate distribution of work on the further programmes
of the Organisation in the light of technical and economic criteria.
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(4)
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The Council
shall determine the rules by which contracts for carrying out work on such
further programmes shall be placed.
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