Artikel XII

1. The Organisation, acting on behalf of the Participants, shall be the owner of the elements of the Ariane launcher, of the facilities and equipment acquired for its development, and of the launching facilities produced within the framework of the programme.
2. Participants that own facilities that could be used for the purposes of the Ariane programme undertake to make them available for the said programme, on financial conditions limited to marginal cost reimbursement.
3. The elements, facilities and equipment referred to in paragraph 1 above shall be made available to the Participants acting in the framework of their own programmes or of a programme of the Organisation, insofar as this does not interfere with their use for the purposes of the Ariane programme. Payments requested from the Participants for such use shall not include amortisation of this property. The Programme Board shall lay down the terms and conditions relating thereto.
4. The Organisation may make this property available to third parties not covered by paragraph 3 of this Article, insofar as this does not interfere with its use for the purposes of the Ariane programme and for the Participants' requirements, and under financial conditions to be laid down by the Programme Board.
5. Any transfer of elements, facilities and equipment acquired shall be decided on by the Programme Board, in consultation with the Council of the Organisation.