2-2-2-9 MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AND THE EUROPEAN SPACE RESEARCH ORGANISATION FOR A COOPERATIVE PROGRAMME CONCERNING DEVELOPMENT, PROCUREMENT AND USE OF A SPACE LABORATORY IN CONJUNCTION WITH THE SPACE SHUTTLE SYSTEM

Article XI: Principles Concerning Access to And Use of Shuttle/SL

1. Planning

There shall be adequate European participation in NASA planning for Shuttle and SL user requirements, with a view to providing for inputs relevant to both the SL design and to European use of the SL. Appropriate representation and relevant procedures are being jointly prepared and will be subject to agreement by NASA and ESRO.

2. Flight crews

Flight crew opportunities will be provided in conjunction with flight projects sponsored by ESRO or by Governments participating in the SL programme and utilising the SL. It is contemplated that there will be a European member of the flight crew of the first SL flight.

3. Special provisions for the use of the first SL flight unit

(a)

In order to assure the integrity of operation and management of the Shuttle system, NASA shall have full control over the first SL unit after its delivery, including the right to make final determination as to its use for peaceful purposes.

(b)

With regard to the first flight of the first SL unit, the system test objectives will be the responsibility of NASA. The experimental objectives of this first flight will be jointly planned on a cooperative basis. Thereafter, the cooperative use of this first SL unit will be encouraged throughout its useful life although not to the exclusion of cost reimbursable use. NASA will otherwise have unrestricted use of the first SL unit free of cost.

(c)

NASA may make any modifications to the first SL which it desires. Should NASA find it desirable to effect major modifications to this unit, these shall be discussed with ESRO which will be given the opportunity to provide modification kits. With respect to minor modifications, the normal procedures for configuration control will be relied on to provide adequate information on changes.

4. Subsequent availability and preferred access to participants

While it is premature to define the ultimate terms and conditions for operation and use of the Shuttle with the SL after the first SL mission, it is expected that the following principles will apply:

(a)

NASA will make available the Shuttle for SL missions on either a cooperative (non-cost) or a cost-reimbursable basis. In the latter case, costs which may be charged include, but are not limited to, integration, check-out, crew training and data reduction, processing and distribution, as well as the costs of the launching services provided.

(b)

In regard to space missions of ESRO and Governments participating in the SL programme, NASA shall provide access for use of SLs developed under this cooperative programme for experiments or applications proposed for reimbursable flight by ESRO and Governments participating in the SL programme, in preference to those of third countries considering, in recognition of ESRO's participation in this cooperative programme, that this will be equitable in the event of payload limitation or scheduling conflicts. Experiments or applications proposed for cooperative flight will be selected on the basis of merit in accordance with continuing NASA policy; such proposals of ESRO and Governments participating in the SL programme will be given preference over the proposals of third countries provided their merit is at least equal to the merit of the proposals of third countries. ESRO and the Governments participating in the SL programme will have an opportunity to express their views with respect to the judgement of merit regarding their cooperative proposals.