Verdrag tussen de Regering van het Verenigd Koninkrijk van Groot-Brittannië en Noord-Ierland, de Regering van de Franse Republiek, de Regering van de Bondsrepubliek Duitsland en de Regering van de Italiaanse Republiek tot oprichting van een Gezamenlijke Organisatie voor Samenwerking op Defensie-materieelgebied (Organisation Conjointe de Coopération en matière d'Armement) OCCAR

A European organisation, the ‘‘Organisation for Joint Armament Cooperation’’ (Organisation Conjointe de Coopération en matière d’Armement (OCCAR)) is hereby established.

The members of OCCAR, hereinafter referred to as the ‘‘Member States’’, are those States which become parties to this Convention in accordance with the provisions of Chapter XV.

The headquarters of OCCAR shall be in Bonn, Federal Republic of Germany.

The official languages of OCCAR shall be English, French, German and Italian.

To enable a strengthening of the competitiveness of the European defence technological and industrial base, the Member States renounce, in their cooperation, the analytical calculation of industrial juste retour on a programme-by-programme basis, and replace it by the pursuit of an overall multi-programme/multi-year balance. Transparency shall be ensured by annual progress reports for each programme. During an initial period, the transitional provisions in Annex III shall apply.
This cooperation will enhance the creation, between Member States, of genuine industrial and technological complementarity in the relevant fields, thereby guaranteeing support for their armed forces under all circumstances, in both the short and medium term.

When meeting the requirements of its armed forces, each Member State shall give preference to equipment in whose development it has participated within OCCAR.

OCCAR shall coordinate, control and implement those armament programmes that are assigned to it by Member States, and coordinate and promote joint activities for the future, thereby improving the effectiveness of project management in collaborative projects, in terms of cost, schedule and performance.

OCCAR shall fulfil the following tasks, and such other functions as the Member States may assign to it:
a) management of current and future cooperative programmes, which may include configuration control and in-service support, as well as research activities;
b) management of those national programmes of Member States that are assigned to it;
c) preparation of common technical specifications for the development and procurement of jointly defined equipment;
d) coordination and planning of joint research activities as well as, in cooperation with appropriate military staffs, studies of technical solutions to meet future operational requirements;
e) coordination of national decisions concerning the common industrial base and common technologies;
f) coordination of both capital investments and the use of test facilities.

OCCAR consists of the Board of Supervisors (BoS), and the Executive Administration (EA).

The BoS shall be the highest decision-making level within OCCAR.

The BoS shall direct and supervise the EA and all committees.

The BoS shall decide all matters concerning the implementation of this Convention including:
a) recommendations for the admission of new Member States;
b) assignment of a programme to OCCAR;
c) establishement or dissolution of committees referred to in Article 17;
d) preparations for future tasks and programmes, where these cannot be prepared by the committees;
e) decisions concerning any financial questions affecting OCCAR, in particular approval of the administrative and operational budgets and the annual financial reports, as well as decisions connected with the financial and accounting regulations and the management of the organisation;
f) procedures and rules for the awarding of contracts, as well as the standard contract clauses and conditions. The BoS is responsible for decisions concerning the awarding of contracts and approves them when such decisions have not been delegated to a competent committee created for this purpose;
g) security procedures;
h) principles and operating rules for OCCAR, including the staff and financial regulations for the EA;
i) monitoring the application of OCCAR regulations, including regulations on open competition and respect for the reciprocity principle in Article 24 (3); and
j) appointment of auditors under Article 36.

The BoS shall adopt such regulations consistent with the provisions of this Convention as are necessary for the fulfilment of its responsibilities.

1. The BoS shall meet twice a year, and otherwise as required at the request of one or more Member States. It shall elect from amongst its members a chairperson who shall serve for a term of one year renewable only once. It shall adopt its own rules of procedures.
2. The BoS secretariat functions shall be performed by the EA.

1. Each Member State shall have a representative on the BoS with the right to vote. The representatives of the Member States shall be the ministers of defence or their delegates, who shall be entitled to be accompanied by staff, including representatives from their Armed Forces staffs. The Director of the EA and the Deputy Director of the EA shall be entitled to attend BoS meetings, but not vote. The BoS may, if necessary, invite specialists from Member States, from the EA or other organisations involved in multilateral defence cooperation in which the Member States are participating.
2. When the BoS has to take decisions concerning a programme in which not all OCCAR Member States are participating, the decisions shall be taken by the representatives of those Member States which are participating in the programme.

The BoS shall appoint the Director of the EA and his/her Deputy as well as other senior EA personnel. It shall approve the staff list of the EA. The Director shall be appointed for three years, renewable once for up to three years.

1. The BoS may delegate certain functions to the appropriate committees, except those referred to in Article 12 a), b), c) and j). The committees include, in particular, a future task committee and the programme committees. Decisions concerning the execution of each individual programme shall be taken only by the representatives of those Member States that participate in the programme.
2. The programme committees shall supervise for the Member State participants in a programme, the running of one or several programmes.

1. Subject to paragraph 2 below, all decisions referred to in this Convention shall be taken by the Member States unanimously, including questions for which no decision-making procedure has been or may be agreed.
2. The specific provisions in Annex IV shall apply.

The EA is the standing executive body responsible for the implementation of the decisions of the BoS. It shall be headed by a Director appointed by the BoS.

The EA shall comprise:
a) the Central Office, located in the headquarters of OCCAR, which consists of: – the Directorate, which includes the Director, his/her Deputy and appropriate support staff,
– divisions with responsibility for: future tasks,
acquisitions, contracts and finance matters,
administration;
future tasks,
acquisitions, contracts and finance matters,
administration;
– the Directorate, which includes the Director, his/her Deputy and appropriate support staff,
– divisions with responsibility for: future tasks,
acquisitions, contracts and finance matters,
administration;
future tasks,
acquisitions, contracts and finance matters,
administration;
b) the programme divisions, to each of which shall be assigned one or more programmes.
The programme divisions, in which there shall be no dual manning of posts, shall have the powers needed to undertake day-to-day management with the greatest possible degree of autonomy, top priority being given to performance and risk management, value engineering and cost containment, in accordance with regulations adopted by the BoS.
To facilitate the operation of the programme divisions not co-located with the Central Office, staff from the Central Office may be deployed to the programme divisions.

The Director of the EA shall be directly responsible to the BoS for the operation of the EA. His/her detailed responsibilities shall be specified in a document approved by the BoS.

1. The staff of OCCAR shall be accorded the privileges and immunities set out in Annex I to this Convention. The BoS shall ensure that the number of posts established is limited to those whose functions require the concomitant privileges and immunities. ‘‘Staff’’ do not include seconded personnel not under contract to OCCAR who shall, for the purposes of Annex I, have the status of experts.
2. The staff regulations, and the pay and pension schemes of OCCAR, shall be based on the rules of the Coordinated Organisations (eg NATO, WEU).
3. Posts within the EA shall be filled by personnel who have the competence needed to enable the Organisation to fulfil its mission as efficiently as possible, taking due account of the participation of the Member States in current or future programmes.
4. No member of EA staff shall hold paid government employment or have other activities incompatible with their status as employees of OCCAR.
5. Members of EA shall each make a written declaration confirming their intention to conscientiously fulfil the tasks for which they are responsible as well as their willingness neither to seek nor to accept instructions associated with their functions from any government nor from any authority outside of OCCAR, and to refrain from any act that is incompatible with their status as employees of OCCAR. The Director and the Deputy Director of the EA shall make this declaration in front of the BoS.
6. Each Member State undertakes to respect the exclusively international character of the functions of Director and of the other staff of the EA.

1. The detailed OCCAR rules and procedures for procurement shall be the subject of a regulation adopted by the BoS following proposals by the Director of the EA or by Member States. They shall apply to all contracts awarded by OCCAR.
2. For the conduct of programmes that OCCAR manages, and particularly in relation to the armament-related activities (research, development, industrialisation, production, acceptance into service and inservice support), the rules contained in contracts and procedures shall comply with the procurement principles laid down in Articles 24 to 30.

1. Subject to the provisions of this article, contracts and sub-contracts shall generally be awarded after competitive tendering.
2. Competitive tendering shall be conducted in accordance with the objectives and principles set out in Chapter II of this Convention.
3. With the unanimous agreement of the participants in a programme, competitive tendering may be extended outside the Western European Armament Group States provided the principle of reciprocity applies.
4. To comply wit defence and security requirements, or to improve the competitiveness of the European defence technological and industrial base, competitive tendering and the award of contracts, and especially contracts for armament-related research and technology activities, may be limited to companies, institutes, agencies or appropriate institutions under the jurisdiction of a Member State participating in the programme concerned.
5. OCCAR shall aim to adopt best practices for procurement and shall work with Member States to benchmark procurement practices against the highest standards.
6. The BoS shall monitor the application of the competitive tendering regulations, and decide if the reciprocity principle is being respected in practice by states that are not members of the Western European Armament Group.

When open to competitive tendering, contracts shall be awarded generally on the basis of the competitiveness of the offers received rather than on the financial contributions made by the participants. However, in the initial phase, the transitional arrangements in Annex III shall apply.

Any potential orders liable to be awarded on the basis of competitive tendering shall be notified by publication via appropriate channels.

The criteria for qualification and selection of bidders and for evaluation of bids shall be defined in precise terms before the bidding process is initiated and published.

Firm or fixed prices shall be sought wherever possible.

When required, OCCAR may request the competent authorities of the Member States to carry out price or cost and quality assurance audits for those contracts which it places in execution of its role as defined in Article 7. Member States shall, in particular, make every effort to harmonise pricing structure methods.

Companies not invited to bid, and companies whose bid was not successful shall, at their request, be given the reasons for their exclusion or for the rejection of their bid.

Where appropriate, existing collaborative programmes between Member States shall be incorporated into OCCAR. The detailed arrangements for such an incorporation, including transitional arrangements, shall be subject to agreement between the Member States concerned and OCCAR, and the act of incorporation shall be subject to the approval of the BoS.

1. All assets acquired by OCCAR under the administrative sub-head of the budget or, after special decision by the BoS, by a Member State on behalf of OCCAR or using joint funding, shall be the property of OCCAR.
2. The allocation of any proceeds derived from the exploitation or sale of assets acquired by OCCAR under the administrative budget of the Organisation, shall be decided by the BoS. In the event of dissolution of OCCAR, the difference between the proceeds derived from the sale of such assets and any liabilities incurred by OCCAR shall be shared or borne by the Member States in accordance with a formula to be established in advance by the BoS.

1. Whenever assets are acquired under the operational sub-head of the budget on behalf of one or several Member States, special financial arrangements shall be agreed by the Member States concerned; and the arrangements shall specify the methods of funding, management, sale and disposal.
2. Assets acquired (material assets) or created (mock-ups, prototypes, tooling, test beds) under the operational budget of OCCAR shall remain the property of the Member States which funded them, but shall be for common use between them.

The BoS shall adopt detailed financial rules which shall be the subject of specific regulations in accordance with the following provisions:
a) The cost of OCCAR activities, covering both its administrative and operating functions, shall be borne by the Member States.
b) All OCCAR funds, namely: – those arising from the routine contributions of Member States;
– those generated by authorised OCCAR activities; and
– other funds available to OCCAR, or those administrated by it on behalf of the Member States; shall be itemized, by sub-head, in the administrative or operational budget of OCCAR.
– those arising from the routine contributions of Member States;
– those generated by authorised OCCAR activities; and
– other funds available to OCCAR, or those administrated by it on behalf of the Member States;
c) The competent authorities of OCCAR shall operate within the authorisations agreed annually by the BoS.
d) The form, frequency and treatment of the Member State contributions shall be set out in appropriate detailed rules and agreements.

1. The funds required for OCCAR programes and operational plans shall be the subject of an annual budget, prepared in Euros containing:
– an administrative section, covering all expenditure incurred for the internal functioning of OCCAR;
– an operational section containing financial plans in respect of programmes and operations carried out by OCCAR in the pursuit of its objectives.
2. The budget shall specify section by section, the planned expenditure and the sources of funding.
3. The draft annual budget shall be prepared by the EA and submitted to the BoS for approval in accordance with the OCCAR financial rules and regulations.

The annual accounts shall be submitted to the audit authorities appointed by the BoS. The audit report, accompanied by detailed financial statements using the nomenclature defined in the accounting and financial regulations, shall be submitted to the BoS for approval by the Director at the latest 6 months after the end of the financial year.

OCCAR may cooperate with other international organisations and institutions, and with the governments, organisations and institutions of non-Member states, and conclude agreements with them.

Such cooperation may take the form of participation by non-Member States or international organisations in one or more programmes. Such arrangements may make provision for matters associated exclusively with the programme in which a non-Member State or international organisation is participating to be the subject of decisions taken by the BoS with the agreement of the said non-Member State or organisation concerned.

OCCAR shall have full legal personality and, in particular, the capacity to:
a) contract;
b) acquire and dispose of immovable and movable property, and
c) institute legal proceedings.

1. OCCAR, its staff and experts, as well as the representatives of its Member States, shall enjoy the privileges and immunities set out in Annex I.
2. Agreements concerning the headquarters of OCCAR, its programme divisions and its facilities set up in accordance with the provisions of this Convention, shall be concluded between OCCAR and the Member States on whose territories the headquarters, its programme divisions and its facilities are situated.

1. The powers defined in Articles 39 and 40 shall be exercised by the BoS, which may delegate them to the Director. When the BoS has not delegated a power to the Director, that shall not prevent the BoS authorising the Director, or any staff members designated by the BoS, to sign a contract or adopt or sign an international agreement.
2. Programe contracts shall be negotiated and concluded by OCCAR in accordance with the detailed contractual procedures and regulations referred to in articles 23 and 24 of this Convention, the law of the contract being then determined by the parties.

The BoS shall adopt OCCAR security regulations. The regulations shall avoid any unnecessary restrictions on the movement of staff, information and material, in particular concerning the release of information to third parties and the involvement of the security authorities in visiting procedures.

Each year, the Director shall submit to the BoS a report on activities performed in the preceding year and a forecast of activities for the coming year.

To enable them to discharge their audit functions as regards their national administrations, and to report to their parliaments as provided in their statutes, national auditors may obtain all information and examine all documents held by the EA which relate to the programmes in which their Member States are participating, and to the operation of the Central Office.

The national auditors shall, except in exceptional circumstances, consult together and with the Director of the EA, before exercising their rights of access to the EA with the objectives of avoiding the unnecessary interruption of activities within OCCAR and protecting information relating to other Member States.

Member States shall coordinate their actions aimed at protecting the financial interests of OCCAR against fraud. To this end, with the aid of the EA, they shall organise regular collaboration between the competent services within their administrations.

The BoS may order any inspection or audit of OCCAR which it considers necessary to improve the functioning of the Organisation and the conduct of programmes.

1. Any dispute between the Member States, concerning the interpretation or application of this Convention should, if possible, be settled by consultation.
2. If a dispute cannot be settled by consultation, at the request of any party to the dispute, it shall be submitted to arbitration under the conditions laid down in Annex II.

1. Any disputes arising from contracts concluded by OCCAR for the implementation of the programmes which have been assigned to it may be submitted, by agreement, to a conciliation committee within the BoS, which shall devise appropriate procedures.
2. Each contract to be concluded by OCCAR for the implementation of programmes assigned to it, other than employment contracts, should provide for conciliation and include an arbitration clause.
3. Any dispute between OCCAR and a member of its staff concerning an employment contract or working conditions shall be settled in accordance with the staff rules and regulations.

If it is claimed by a third party that damage or injury has been caused by OCCAR, its staff members or experts, and OCCAR does noet waive immunity, the BoS shall take all appropriate steps to deal with the claim and, if the claim is justified, to settle it.

1. The BoS may recommend to Member States amendments to this Convention and to its Annexes. Any Member State that wishes to propose an amendment shall notify the Director of EA thereof. The Director shall inform the Member States of any amendment proposal so notified at least three months before it is discussed by the BoS.
2. Any amendment recommended by the BoS shall enter into force thirty days after the depositary has received notification of acceptance from all Member States. The depositary shall notify all Member States of the date of entry into force of any amendment.

This Convention, including the Annexes to it and which form an integral part of it, shall be subject to ratification or acceptance by the four founding States and shall enter into force 30 days after deposit of the fourth instrument of ratification or acceptance.

Once this Convention has entered into force, a European State which wishes to become a Member State may be invited by the BoS to accede to this Convention. This Convention shall enter into force for such a new Member State 30 days after the deposit of its instrument of accession.

The Government of the French Republic shall be the depositary of this Convention.

1. If the Member States decide to dissolve OCCAR, they shall discuss with OCCAR and agree amongst themselves the provisions required to satisfactorily manage the consequences of the dissolution, notably in respect of third parties and contractual partners of OCCAR. The agreement shall also cover, whenever it is necessary, the conditions under which the rights and responsibilities of OCCAR shall be transferred to Member States following dissolution.
2. The dissolution of OCCAR shall be effective once the arrangements decided between the Member States referred to above have come into force.

1. If one of the Member States wishes to withdraw from the Convention, it shall examine the consequences of such withdrawal with the other Member States. If on completion of these consultations the Member State concerned still wishes to withdraw, it shall notify its withdrawal in writing to the depositary, who shall forward this notification to the other Member States and to the Director. The withdrawal shall take effect six months following the date the notification was received by the depositary.
2. The withdrawing Member State shall fulfil all its commitments up to the effective date of withdrawal. The commitments shall be assessed by the Member States.
3. The rights and responsibilities of the withdrawing Member State concerning security, the settlement of damages, the resolution of disputes and other outstanding commitments shall remain in force after its withdrawal.

Any Member State which fails to fulfil its obligations under this Convention shall cease to be a member of OCCAR on a unanimous decision by the BoS. The Member State concerned shall not participate in the vote.

This Convention shall be deposited in the archives of the Government of the French Republic which shall forward certified