II. Mission Entrusted to the Agency
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2.1 |
The Participants request the Council of
the Agency to agree that the Agency shall carry out, in conformity with Article
V.2 of the Convention, the operational activity associated with the Ariane
launcher production phase.
To this end, they invite the Agency and
Arianespace to conclude a convention implementing the provisions of this
Declaration and organizing their relations.
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2.2 |
The Participants invite the Agency to make
available to Arianespace, to the extent necessary for the production or launch
of Ariane:
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free of charge, the facilities, equipment
and tooling acquired within the framework of the Ariane development and
promotion phases and of which the Agency is the owner;
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free of charge, the intellectual property
rights deriving from the development and promotion phases of the Ariane
programme; Arianespace shall have access free of charge to the technical
information in the Agency's possession, resulting from the said phases.
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If the assets owned by the Agency that are
made available to Arianespace prove to be of use to other programmes of Agency
they may be so used by the latter in agreement with Arianespace and in
accordance with arrangements to be defined in respect of each programme, on the
understanding that Arianespace will continue to have priority in the use of the
assets in question.
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2.3 |
The Participants invite the Agency to:
(a)
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assist Arianespace in the promotion of the
Ariane launcher export activities, in particular in approaching other
international organizations;
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(b)
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do its utmost to provide Arianespace with
the assistance required with regard to industrial quality surveillance and
price surveys.
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2.4 |
The Participants invite the Agency to
conclude with Arianespace specific conventions relating to the Ariane uprating
programmes that will be carried out as Agency programmes.
These conventions will lay down the detailed
technical, contractual and financial arrangements governing the subsequent use
by Arianespace of the upratings in question.
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2.5 |
The Participants invite the Council of the
Agency to authorise the Director General to negotiate as soon as possible with
Arianespace or, pending the setting-up of that company, with the duly
authorised representatives of the signatories of the Le Bourget Transpace
Protocol of 12 June 1979, the convention between the Agency and Arianespace
provided for in paragraph 2.1 of this Declaration and submit it to the Council
of the Agency for agreement.
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2.6 |
The Participants invite the Council of the
Agency to agree that for the purposes of the Ariane production phase the Ariane
Launcher Programme Board set up under Article IV of the Arrangement, in which
the right to vote shall be reserved to the Participants that have subscribed to
the Declaration, will be entrusted with the following functions:
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it will be kept informed of Arianespace's
activities by the Director General of the Agency. The Chairman of Arianespace
will submit an annual report to it;
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with respect to the contracts referred to in
paragraph 1.5(a), it will approve the price scales applicable to the Agency's
programmes;
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it will be kept informed of the geographical
distribution of work among the participants and will be consulted if a
Participant objects to changes made by Arianespace in this distribution, so
that it may express an opinion. It will be for the Participant concerned to
refer the subject of its objection to the Ariane Launcher Programme Board.
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The Ariane Launcher Programme Board shall make
its recommendations, and adopt its resolutions, by a simple majority.
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