Artikel I

1. Through this Declaration the Parties hereto agree on a common framework for the exploitation phase of ESA developed launchers and of the Soyuz launcher operated from the CSG. The launchers exploitation phase of Ariane 5 and current Vega, which follows the qualification process as described in the Reference Framework mentioned in the preamble, includes the relevant launcher manufacturing, launcher integration, launch operations and marketing activities. The launchers exploitation phase of Ariane 6 and Vega C includes the relevant launcher manufacturing, launcher integration, launch operations and marketing activities and all the activities required to maintain the launch system compliant with the respective revised Ariane and Vega Exploitation Agreements.
2. The guarantee of an available, reliable, and independent access to space for Europe at affordable conditions has been and will remain an essential goal for the Parties hereto.
3. Guaranteed access to space shall be assured by (i) launchers developed and produced by European industry, primarily designed to respond to European institutional mission needs, (ii) an operational European launch base and (iii) European industrial capabilities.
4. The launchers exploitation phase shall be carried out for peaceful purposes in compliance with the Outer Space Treaty and the ESA Convention.
5. The Parties hereto decide to entrust the execution of the exploitation phase of the ESA developed launchers and of the Soyuz launcher operated from the CSG:
(i) for what concerns Ariane 5, current Vega and Soyuz operated from the CSG to Arianespace (hereinafter referred to as the “launch service provider”) in compliance with the roles and responsibilities defined in the Reference Framework referred to in the Preamble, and
(ii) for what concerns Ariane 6 to the launch service provider as well as to the launcher system prime contractor which will be responsible among others for the manufacturing and integration of the Ariane 6 launcher and which will bear, as shareholder or supplier of the launch service provider, the risks arising from the commercial exploitation of Ariane 6, and
(iii) for what concerns Vega C to the launch service provider as well as to the launcher system prime contractor which will be responsible among others for the manufacturing and integration of the Vega C launcher and which will bear the risks arising from the commercial exploitation of Vega C.
For this purpose, the Agency has concluded the LEA and will conclude amendments to it as foreseen in section III below.
6. The exploitation of the ESA developed launchers shall respect the industrial and geographical distribution of work resulting from the relevant development programmes undertaken by the Agency, subject to the specific provisions of the relevant exploitation agreements for each of the ESA developed launchers to be concluded among the States participating in the relevant Agency launcher development programme as mentioned in the preamble and to the provisions of the arrangements between ESA and the launch service provider foreseen in section III below.
7. The European launch base shall be maintained in operational conditions so as to allow ready access to space for the Parties to this Declaration. The Parties undertake for their part to contribute to the funding of the CSG launch range in accordance with specific arrangements.
8. The Parties hereto will:
i) take the ESA developed launchers and the Soyuz launcher operated from the CSG into account and consider compatibility of their national missions with the use of the ESA developed launchers when defining and executing their national programmes,
(ii) contribute to the setting-up of a framework in accordance with paragraph 9 below,
(iii) promote such framework to other European states as well as in all European organisations in which they are members or other international programmes in which they are involved, except where such use compared to the use of other launchers or space transport means available at the envisaged time presents an unreasonable disadvantage with regard to cost, reliability or mission suitability.
Preference to their utilisation shall be granted by the Parties in the following order of priority:
– ESA developed launchers,
– the Soyuz launcher operated from the CSG when comparing the options to launch missions by non ESA-developed launchers,
– other launchers.
9. The Parties hereto agree to support collectively the setting-up of a framework governing the procurement of launch services for European institutional programmes and ensuring a level playing field for Europe on the worldwide market for launch services. Through this framework different European institutional actors will be enabled to use competitive ESA-developed launchers as a collective high priority and an individual benefit, and to consider contracting a number of launches per year.
10. In the case of sales of launch services provided through one of the launch systems which are the subject of this Declaration to a State which is not a member of the Agency or to a customer that does not come under the jurisdiction of a Member State of the Agency:
a) The Parties agree to set up a Committee, hereinafter referred to as “the Sales Control Committee“, which will succeed to the sales control committee set up under the Ariane Production Declaration mentioned in the preamble, and will have the responsibility for determining whether a projected launch sale constitutes use that runs counter to the provisions of section I.4 above. The Sales Control Committee shall comprise one representative of each Party hereto. The members of the Sales Control Committee shall be kept informed by the Director General of the Agency of projected sales of launch services by the launch service provider to States which are not members of the Agency and to customers that come under the jurisdiction of such States. The Sales Control Committee shall be convened as follows: one-third of the members may request a meeting on the grounds that the use of a launcher would run counter to the provisions of section I.4 above. This request must be made not more than four weeks after the members of the Sales Control Committee have been informed of the proposed contract. The Sales Control Committee must then be convened within two weeks. Within four weeks at the most, it may decide to prohibit the projected launch sale on the grounds that it is incompatible with the provisions of section I.4 above, doing so by a two-thirds majority of its members. This decision shall be binding on the launch service provider. In the exercise of the competences that France holds by virtue of the Outer Space Treaty, France undertakes to take the necessary steps to ensure the proper implementation of the prohibition decisions taken by the Sales Control Committee.
b) Without prejudice to the obligations devolving upon it under this Declaration, any Party shall retain the right to declare that for reasons of its own, it does not associate itself with a particular launch.
c) If a Party considers that the sale of a launch is not compatible with its adherence to this Declaration, it must, after such consultations as it may deem necessary, inform the Director General of the Agency. If, after the Director General has informed the launch service provider, the sale goes through, the Party may immediately suspend its adherence to this Declaration in respect of the sale in question, on condition that it formally notifies the Agency and the other Parties hereof within one month and that it respects the commitments it has entered into with regard to other sales. The Party shall do its utmost to make available the national assets and intellectual property rights as defined in section I.11 below, used for the exploitation of the launcher and, where it has done so, shall not oppose their use, including in the case of paragraph (b) above. Should the Party concerned object to making available, for the purposes of the launch in question, equipment and subsystems manufactured by its national industry, it shall be bound, within the framework of its powers, to facilitate the transfer of the manufacture of the relevant supplies to the industries of the other Parties, and may not under any circumstances oppose the manufacture of the supplies in question by the industries of the other Parties.
d) The Sales Control Committee shall establish its own rules of procedures.
11. The Parties hereto shall do their utmost to make available to the launch service provider when required for the purposes of the exploitation of the ESA developed launchers and of the Soyuz launcher operated from the CSG:
– under financial conditions limited to the costs incurred on that account, the assets which are owned by certain Parties hereto and which have been used for the development programmes of the ESA developed launchers and of the Soyuz launcher at CSG programme, with the exception of the CSG launch range to which the specific provisions of section I.7 above shall apply;
– free of charge, the intellectual property rights belonging to them and deriving from the development programmes of the ESA developed launchers and of the Soyuz launcher at the CSG programme;
– free of charge, access to technical information resulting from the said programmes under conditions for the protection of information referred to in section III.1(h) below.
12. The Parties hereto shall do their utmost to provide ESA and the launch service provider with the assistance required with regard to industrial quality surveillance for Ariane 5, current Vega and Soyuz launchers operated from the CSG. With respect to Ariane 6 and Vega C, they shall do their utmost to undertake or support industrial quality surveillance activities on industrial suppliers under their jurisdiction and, in the case these activities are performed outside the ESA framework, to inform ESA on a regular basis and immediately alert ESA on any critical issues identified in the course of those activities.
13. If, in connection with an export sale, it proves desirable to lay down special arrangements regarding guarantees and export financing, the Parties shall consult together to determine how such a request can be met on the basis of the principle of equitable distribution of the risk and the funding, pro rata to participation in exploitation as defined in the exploitation agreements mentioned in the preamble.
14. The Parties agree that they will consult together on the steps to be taken in case of major modifications of the structure, governance and features of the launch service provider or in case of events which may have a major impact on its business or on the future of the ESA developed launchers and of the Soyuz launcher from CSG.