BWBV0006861
Geldig vanaf 26-11-2009
Artikel IV
Verklaring van bepaalde Europese Regeringen inzake de exploitatiefase van de lanceervoertuigen Ariane, Vega en Sojoez vanaf het Ruimtevaartcentrum in Guyana
Subject to the undertakings of the launch service provider as foreseen in section III above, the Parties to this Declaration:
a) agree that in the event of proceedings being instituted by the victims of damage caused by an Ariane launch carried out by the launch service provider from the CSG during the exploitation phase, the French Government shall be responsible for the payment of any damages that may be awarded;
b) take note of the liability principles defined in the 2005 Launchers Resolution for all launchers developed by the Agency other than Ariane and agree that in the event of proceedings being instituted by the victims of damage caused by a Vega launch carried out by the launch service provider from the CSG during the exploitation phase, the French Government shall be responsible for the payment of one third of any damages that may be awarded and the Agency shall be responsible for the payment of the remaining two-thirds; for such launcher, the Member States of the Agency which are Participating States in the relevant development programmes of the Agency will conclude the corresponding exploitation agreement mentioned in the preamble which shall regulate the sharing of such Agency's liability in accordance with the 2005 Launchers Resolution; it is understood that no other Member State of the Agency will be held responsible for the payment of any part of this 2/3 share;
c) agree that in the event of proceedings being instituted by the victims of damage caused by a Soyuz launch carried out by the launch services provider from the CSG during the exploitation phase, the French Government shall be responsible towards ESA and the Parties to this Declaration for the payment of any damages that may be awarded;
d) take note of the Resolution on the Agency's legal liability mentioned in the preamble and agree that sections IV.a), b) and c) shall not apply in cases where the Agency is the customer of the launch service provider and if it is found that the source of the damage is an Agency satellite;
e) agree that the responsibilities taken on by the French Government in sections IV.a), b) and c) above shall not apply if the damage is caused by a deliberate act or omission on the part of the Agency, persons employed by it or its Member States (with the exception of the French State and public bodies under its authority), and that the responsibilities taken on by the Agency in section IV. b) above shall not apply if the damage is caused by a deliberate act or omission on the part of the French State or public bodies under its authority.
a) agree that in the event of proceedings being instituted by the victims of damage caused by an Ariane launch carried out by the launch service provider from the CSG during the exploitation phase, the French Government shall be responsible for the payment of any damages that may be awarded;
b) take note of the liability principles defined in the 2005 Launchers Resolution for all launchers developed by the Agency other than Ariane and agree that in the event of proceedings being instituted by the victims of damage caused by a Vega launch carried out by the launch service provider from the CSG during the exploitation phase, the French Government shall be responsible for the payment of one third of any damages that may be awarded and the Agency shall be responsible for the payment of the remaining two-thirds; for such launcher, the Member States of the Agency which are Participating States in the relevant development programmes of the Agency will conclude the corresponding exploitation agreement mentioned in the preamble which shall regulate the sharing of such Agency's liability in accordance with the 2005 Launchers Resolution; it is understood that no other Member State of the Agency will be held responsible for the payment of any part of this 2/3 share;
c) agree that in the event of proceedings being instituted by the victims of damage caused by a Soyuz launch carried out by the launch services provider from the CSG during the exploitation phase, the French Government shall be responsible towards ESA and the Parties to this Declaration for the payment of any damages that may be awarded;
d) take note of the Resolution on the Agency's legal liability mentioned in the preamble and agree that sections IV.a), b) and c) shall not apply in cases where the Agency is the customer of the launch service provider and if it is found that the source of the damage is an Agency satellite;
e) agree that the responsibilities taken on by the French Government in sections IV.a), b) and c) above shall not apply if the damage is caused by a deliberate act or omission on the part of the Agency, persons employed by it or its Member States (with the exception of the French State and public bodies under its authority), and that the responsibilities taken on by the Agency in section IV. b) above shall not apply if the damage is caused by a deliberate act or omission on the part of the French State or public bodies under its authority.
- Citeren als
- Art. IV
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0006861
- Officiële bron
- wetten.overheid.nl