Overeenkomst tussen zekere Lid-Staten van de Europese Organisatie voor Ruimteonderzoek en de Europese Organisatie voor Ruimteonderzoek inzake de uitvoering van een bijzonder TD-project

In accordance with Article VIII of the Convention, the Organisation shall make available to the Governments, its assistance and the use of its facilities, in the design, development, construction and placing in orbit of a TD satellite incorporating the essential features of the mission of the TD 1 satellite formerly included in the programme of the Organisation (hereinafter referred to as the „Special Project”). It is understood that the subsequent exploitation of the TD satellite in orbit shall be an integral part of the Organisation's normal programme. The Special Project shall be executed in accordance with the Programme set out in Annex A, which is an integral part of this Arrangement.

Except where otherwise provided in this Arrangement, the rules of the Organisation shall be applied mutatis mutandis for the execution of the Special Project.

1. The cost resulting from the execution by the Organisation of its duties under this Arrangement, as defined in Annex B which is an integral part of this Arrangement (hereinafter referred to as „the reimbursable costs”), shall be refunded to the Organisation by the Governments.
2. The reimbursable costs shall not exceed 196 MF (which includes a contingency margin of 44 MF).
3. The reimbursable costs incurred by the Organisation shall be charged to a special account in accordance with the detailed provisions set out in Annex B.
4. The share of each Government in the reimbursable costs shall be determined in accordance with the basis of apportionment set out in Annex B.
5. The Governments shall pay their shares of the reimbursement into the special account in amounts and at dates in accordance with the provisions of the Organisation's Financial Rules.
6. The Director General of the Organisation shall control the use of the contingency of 44 MF referred to in paragraph 2 of this Article. Any proposal to use more than is at the discretion of the Director General, under the rules of the Organisation, shall require the approval of two-thirds of the Governments.
7. The Governments may, as an exceptional measure, decide:
a. to institute special technical and financial controls of which they will define the terms and conditions;
b. to hold meetings in order to give the Director General instructions concerning the management of the Special Project.

The publication of scientific and technical information, as well as the intellectual property rights, arising out of the Special Project shall be governed by the relevant rules within the Organisation.

1. The Governments authorise the Organisation to conclude the necessary contracts for the execution of the Special Project in conformity with the provisions of Annexes A and B.
2. In placing contracts and sub-contracts for the execution of the Special Project preference shall be given wherever possible to work being undertaken in the territories of the Governments.

The Organisation shall own the satellite.

1. The Governments shall indemnify the Organisation against any liability which it might incur should its international responsibility be engaged as a result of the execution of the Special Project.
2. Compensation received by the Organisation in respect of damage caused to the Special Project shall be credited to the special account referred to in paragraph 3 of Article 3 of this Arrangement.

1. Any dispute which arises between two or more of the Governments, or between any of them and the Organisation, concerning the interpretation or application of this Arrangement, and which cannot be settled amicably, shall be submitted at the request of any party to the dispute to a single arbiter to be appointed by the President of the International Court of Justice. The arbiter may not be a national of a State which is a party to the dispute.
2. Those parties to the Arrangement which are not parties to the dispute shall have the right to join in the proceedings and the arbiter's decision shall be binding on all the Governments and the Organisation, whether or not they so join.

1. This Arrangement shall be open for signature by the Governments until 1 January 1969.
2. The Governments shall become parties to this Arrangement:
- upon signature not subject to ratification or approval;
- upon depositing an instrument of ratification or approval with the Government of the French Republic, if this Arrangement was signed subject to ratification or approval.
3. This Arrangement shall come into force when it has been signed by the Organisation and when the Governments, whose shares on the scale set out in the Appendix to Annex B amount to 90 %, have become parties to this Arrangement in accordance with paragraph 2 of this Article.
4. For the purpose of paragraph 3 of this Article, the deposit of a declaration of intention to apply the Arrangement provisionally and to seek ratification or approval, as soon as possible shall be considered as the deposit of an instrument of ratification or approval.
5. Any Government of a Member State of the Organisation which has not signed the Arrangement by 1 January 1969, may become a party to the Arrangement after it has come into force provided
a. the other Governments party to the Arrangement agree and
b. the Government in question deposits an instrument of accession with the Government of the French Republic.
6. On becoming a party to this Arrangement after its entry into force, a Government shall contribute the amount that it would have contributed had it been a party to the Arrangement at the moment of its entry into force, and such amounts shall be credited pro rata to the other Parties in the special account.

1. The Organisation shall notify the Governments, after consultation with them, when the Special Project has been duly completed in accordance with the provisions of this Arrangement and this Arrangement shall expire upon receipt of such notification.
2. In the event that, for exceptional circumstances, it should become necessary to exceed the financial ceiling specified in paragraph 2 of Article 3 in order to complete the Special Project, the Organisation shall immediately notify the Governments, who shall consult with each other with a view to deciding whether the Special Project can be continued and, if so, on what basis.
3. This Arrangement shall expire forthwith if a decision, as to the continuation of the Special Project, cannot be reached. In this event, a Protocol shall be drawn up for the liquidation of the Special Project.

Upon the entry into force of this Arrangement, the Government of the French Republic shall register it with the Secretariat of the United Nations, in accordance with Article 102 of the Charter of the United Nations.

The Government of the French Republic shall notify the Governments of all the signatures, ratifications, accessions and the date of the entry into force of this Arrangement.