EUROPEAN COOPERATING STATES AGREEMENT
THE EUROPEAN SPACE AGENCY
THE GOVERNMENT OF THE REPUBLIC OF HUNGARY
The Government of the Republic of Hungary,
the European Space Agency (hereinafter referred to as "the
Agency") established by the Convention opened for signature in Paris on
30 May 1975 (hereinafter referred to as "the Convention"),
(hereinafter referred to as the “Parties”),
CONVINCED of the benefits of sustaining and enhancing the level
of international cooperation in space activities for exclusively peaceful purposes,
HAVING REGARD to the results of the cooperation achieved under
the Agreement between the Agency and the Government of the Republic of Hungary
signed on 10 April 1991 and entered into force on that date, and extended by
exchange of letters until 10 April 2003 and the Agreement concerning the participation
of the Government of the Republic of Hungary in the Agency’s Scientific Experiment
Development Programme (PRODEX) signed and entered into force on 23 January 1998,
HAVING REGARD to the Resolution on the implementation of measures
concerning the European Cooperating States adopted by the Agency Council on
21 March 2001 (ESA/C/CL/Res. 2 (Final)), by which the Agency introduced a new
cooperative approach designed for European non-Member States with a view to
their possible accession to the ESA Convention,
CONSIDERING the wish expressed by the Government of the Republic
of Hungary to pursue and strengthen its cooperation with the Agency within this
new cooperative approach,
HAVING REGARD to Articles II and XIV.1 of the Convention,
HAVE AGREED AS FOLLOWS:
1.1 Through the present Agreement, the Agency and the Government of the Republic
of Hungary agree to cooperate in space activities, in accordance with the terms
herein. For the purpose of such cooperation, upon entry into force of this Agreement,
the Government of the Republic of Hungary shall become a European Cooperating
State (hereinafter referred to as “ECS”). The Government of the Republic of
Hungary hereby acknowledges and accepts that the Agency establishes cooperation
agreements with other non-Member States similar to the present Agreement, thus
also qualifying such other States as ECSs.
1.2 The Government of the Republic of Hungary agrees that, at all levels of
its cooperation with the Agency as an ECS, it will act in conformity with the
purposes for which the Agency was created as defined in the Convention referred
to in the preamble, in particular the exploration and utilisation of space for
exclusively peaceful purposes.
2.1 The Government of the Republic of Hungary shall be associated with implementation
of the Agency’s programmes and activities, with the exception of the Agency's
basic technology research programme (TRP), through its financial contribution
to the Plan for European Cooperating States (hereinafter referred to as “PECS”),
the content of which shall be mutually agreed with the Agency, subject to the
other provisions of the Agreement.
2.2 The Government of the Republic of Hungary shall also receive Announcements
of Opportunity for Agency scientific missions allowing it to propose the procurement
of instruments to be integrated in these Agency missions at Principal Investigator
or Co-Investigator level.
3.1 Subject to the terms of Article 7 and the prior requirements and obligations
of the Agency, the Government of the Republic of Hungary shall have access on
a cost-reimbursable basis to the Agency’s facilities and services for its national
space projects covered by the present Agreement. The methods used in calculating
costs shall be those applied to the Agency's Member States when utilising Agency
facilities and services for their own national space projects. In return, the
Government of the Republic of Hungary shall make its facilities and services
available to the Agency and its Member States on equitable terms.
3.2 In developing its national space potential and in planning national space
missions, the Government of the Republic of Hungary shall grant preference to
the use of European space transportation systems, and of facilities, products
and services belonging to, or developed or operated under the auspices of, the
Agency or its Member States. The Government of the Republic of Hungary shall,
further, support the Agency's efforts to promote the use of European transportation
systems, facilities, products and services by those international bodies to
which it belongs that employ systems or services with a space-based component.
4.1 For the purposes of this Agreement “Intellectual Property” has the meaning
stated in Article 2 of the Convention establishing the World Intellectual Property
Organisation, done in Stockholm, 14 July 1967.
4.2 The Parties shall ensure adequate and effective protection of Intellectual
Property as may arise from the work done under this cooperation Agreement and
of any pre-existing rights that may come into play in the course of such cooperation.
4.3 The specific provisions concerning the rights of access, dissemination
and use of technical information and data as well as intellectual property developed
under the present Agreement, shall follow the Agency’s rules and procedures.
4.4 The Parties shall strive, within the framework of the legislation or regulations
applicable to each of them, to facilitate exchanges of scientific and technical
information, data and goods, of mutual interest concerning space science, technology
and applications necessary for the implementation of the present Agreement.
5.1 The Government of the Republic of Hungary and the Agency shall exchange
(a) the content and planning of their current and future space programmes;
(b) matters of scientific and technical interest arising out of their space
activities. In particular, the Government of the Republic of Hungary shall receive
reports published and made available by the Agency, as well as information relating
to the progress of Agency programmes.
5.2 Provision of any Agency information shall in all cases be subject to the
Government of the Republic of Hungary observance of any proprietary rights in
the information, while the Government of the Republic of Hungary further undertakes
not to disseminate information that is classified or is not otherwise generally
available beyond the territories of the Government of the Republic of Hungary
and the Agency's Member States, whether directly or through intermediaries operating
within or outside those territories.
5.3 The Government of the Republic of Hungary shall not be required to communicate
any information obtained outside the Agency if it considers that such communication
would be inconsistent with the interests of its own agreements with third parties,
or the conditions under which such information was obtained.
5.4 The Government of the Republic of Hungary and the Agency shall, as appropriate,
exchange experts concerned with work within the competence of the Agency, consistent
with the laws and regulations relating to the entry into, stay in or departure
from the Republic of Hungary.
5.5 The Government of the Republic of Hungary shall have access to the Agency’s
young graduate and fellowship programmes, subject to conditions to be mutually
5.6 The Government of the Republic of Hungary and the Agency shall also consult
together when they are represented at international organisations, conferences
and meetings relating to space activities, for the purpose of exchanging views
on matters of mutual concern and shall seek to harmonise as appropriate their
positions on matters which are likely to have a bearing on implementation of
their common space programmes and activities.
6.1 For matters relevant to implementation of this Agreement and the coordination
with other ECSs, a dedicated committee referred to as the “PECS Committee” shall
be established by the ECSs and shall be operated in accordance with the terms
of the attached Appendices.
6.2 For matters relating to the PECS, the Government of the Republic of Hungary
shall be entitled to attend meetings of the Agency's Council and/or its subsidiary
bodies as an observer through one representative, who may be accompanied by
advisers. The Government of the Republic of Hungary shall receive draft agendas
and relevant documents available to Member States to enable it to participate
in meetings of Council and/or its subsidiary bodies as an observer.
The Government of the Republic of Hungary shall participate in and, in conformity
with the Agency’s financial regulations and instructions, contribute financially
to the PECS, in particular through its subscription of the “PECS Charter”, in
accordance with the terms of the attached Appendices.
8.1 With respect to the geographical distribution of contracts relating to
the PECS in which the Government of the Republic of Hungary participates, the
Agency shall implement the applicable industrial policy rules referred to in
8.2 Special yearly reviews shall be held between the Agency and the Government
of the Republic of Hungary in order to discuss the convergence and complementarity
of Hungarian industries with the space industries of the Agency’s Member States.
For the execution of the Agency’s official activities undertaken within the
frame of the present Agreement, the Government of the Republic of Hungary shall
grant the following privileges and immunities:
9.1 The Agency shall have, in the territory of the Republic of Hungary, legal
personality. It shall in particular have the capacity to contract, to acquire
and dispose of movable and immovable property, and to be a party to legal proceedings.
9.2 The Agency shall have immunity from jurisdiction and execution except:
a) where the Agency shall have expressly waived such immunity in a particular
b) in respect of a civil action by a third party for damage arising from an
accident caused by a motor vehicle belonging to, or operated on behalf of the
Agency, or in respect of a motor traffic offence involving such a vehicle;
c) in respect of an enforcement of an arbitration award made under Article
9.3 Within the scope of its official activities, the Agency, its property and
income shall be exempt from direct taxes in the Republic of Hungary. The Agency
shall also be exempted from indirect taxes when purchases or services of substantial
value, strictly necessary for the exercise of the official activities of the
Agency within the frame of this Agreement, are made or used, by the Agency.
9.4 Goods imported or exported by the Agency and strictly necessary for the
exercise of its official activities shall be exempt from all import and export
duties and taxes and from all import or export prohibitions and restrictions.
Any such imported or exported goods may not be sold, lent or transferred with
or without payment in the territory of the Republic of Hungary except according
to conditions defined by the Government of the Republic of Hungary. The Government
of the Republic of Hungary and the Agency shall define the procedures to be
applied for the export or import of assets used in connection with their cooperation.
The Agency shall cooperate with the Hungarian authorities in order to ensure
that the goods imported or exported by the
Agency are being used for its official activities undertaken within the frame
of the present Agreement.
9.5 The Agency may receive and hold in the Republic of Hungary any kind of
funds, currency, cash or securities; it may dispose of them freely in the Republic
of Hungary for any official purpose of the Agency and hold accounts in any currency.
9.6 Staff members of the Agency shall be exempt from taxes on their salaries,
emoluments, benefits and pensions received in respect of current or previous
service with the Agency; such exemption shall also extend to benefits paid to
members of their families.
9.7 The circulation of publications and other information material sent by
or to the Agency shall not be restricted in any way.
The Government of the Republic of Hungary shall notify the Agency's Director
General of the name of the authority appointed to represent it for the implementation
of this Agreement, as well as the names of its representative and advisers attending
any meetings in accordance with Article 6 above.
The Parties shall each be solely liable for the conduct of their own activities
in the execution of this Agreement. In particular, they shall each have a right
of recourse against the other in respect of damage of any kind to persons or
property caused by the other and shall hold each other harmless against any
claims made by a third party in respect of damage caused by their own activity.
12.1 Any dispute arising out of the application or interpretation of this Agreement
which cannot be settled amicably between the parties shall, at the request of
either party, be submitted to an arbitration tribunal.
12.2 The arbitration tribunal shall consist of three members, one arbitrator
designated by the Agency, one designated by the Government of the Republic of
Hungary and a third arbitrator, who shall be elected by the first two arbitrators
and who shall be the Chairman. If, within a period of six months from the date
of the request for arbitration, either party has not named its choice, the arbitrator
shall, at the request of either party, be appointed by the President of the
International Court of Justice. The same procedure shall apply if, within six
months of the designation or appointment of the first two arbitrators, the third
has not been elected.
12.3 The arbitration Tribunal shall establish its own procedure; its decision
shall be final and binding.
The appendices to this Agreement shall form an integral part of the present
14.1 The present Agreement, after signature by the Parties and its approval
in accordance with the legal order of the Republic of Hungary, shall enter into
force upon subscription by the Government of the Republic of Hungary of the
PECS Charter referred to in Article 7 and detailed in Appendix I, except for
the rules contained in Appendix II A and B which shall be applicable upon signature.
This subscription of the PECS Charter shall be made at the latest one year after
the signature of the present Agreement unless the Parties have agreed another
time limit. In the event the said subscription has not occurred within the above
time limit, the present Agreement shall be null and void.
14.2 Upon its entry into force, the present Agreement shall replace the cooperation
agreement between the Agency and the Government of the Republic of Hungary referred
to in the preamble, it being understood that its provisions shall nevertheless
continue to apply to the extent necessary to secure the implementation of any
contracts that have been concluded within the framework of that agreement and
which are still effective on the date on which that agreement ceases to have
14.3 The entry into force of the present Agreement will terminate the cooperation
established between the Agency and the Government of the Republic of Hungary
in the Prodex programme pursuant the terms of the corresponding Agreement referred
to in the preamble. The Government of the Republic of Hungary thereby accepts
to withdraw its participation in the Prodex programme upon the entry into force
of the present Agreement, in accordance with the terms and conditions defined
in the corresponding programme Declaration and implementing rules.
15.1 Unless previously terminated in accordance with the provisions of paragraph
3 below, this Agreement shall terminate 5 (five) years after the date of its
entry into force. One year before the expiry of this Agreement, the Parties
shall review the results of its implementation on the basis of the outcome of
the yearly reviews referred to in Article 8 and shall examine ways and means
of continuing or further developing such cooperation. The Parties shall in particular
examine the possibility of the Government of the Republic of Hungary being granted
the status of Associate Member or Member State of the Agency.
15.2 In the event of the continuation of the present cooperation, the present
Agreement may be extended and/or amended by mutual agreement in writing.
15.3 Either party may denounce the Agreement by giving written notice not less
than one year before the intended date of termination which shall correspond
to the end of the calendar year.
15.4 Termination of this Agreement shall not affect the validity of those rights
and obligations of either Party which are meant to survive termination of the
Agreement or its interpretation such as, but not limited to, arbitration, confidentiality,
liability, intellectual property rights, nor of contracts entered into in pursuance
of this Agreement. After the termination of the present Agreement, the Government
of the Republic of Hungary shall in particular remain bound to finance its share
of the payment appropriations corresponding to the contract authority approved
under the budget for the current or previous financial years relating to the
15.5 The Government of the Republic of Hungary and the Agency may revise the
provisions of this Agreement by mutual agreement. Amendments, except for those
made exclusively to the appendices, shall take effect on the date of notification
that both parties have met the necessary internal conditions for the amendments
to enter into force. Amendments made exclusively to the Appendices shall be
made in accordance with the terms of these appendices.
Done at …………………………… on ……………………………
in two originals in the English and Hungarian languages. The signatories may
also establish translations hereof in the French and German languages, which
shall not, however, be considered as authoritative for the purposes of interpretation.
Plan for European Cooperating States (PECS):
Objectives, Rules and Procedures
I.1 Overall objectives of the PECS
The overall objective of the PECS is to associate the Government of the Republic
of Hungary with Agency programmes and activities and to prepare in the most
efficient manner for possible future accession to the ESA Convention.
I.2 Specific objectives of the PECS
- Develop cooperation between scientific and applications user communities
in the Republic of Hungary and Agency Member States.
- Create and strengthen the respective industrial expertise and capacity of
the Republic of Hungary with a view to allowing a fair and equitable industrial
participation in future Agency programmes after accession.
- Provide indirect access to ESA programmes and activities.
- Foster the Government of the Republic of Hungary’s understanding of the Agency’s
organisation and functioning, including the use of the EURO, of European space
products, standards and procedures.
- Ensure coherence between the space activities of Member States and the Government
of the Republic of Hungary e.g. by avoiding unnecessary duplication.
I.3 Areas and categories of activities to be covered by the PECS
i) The PECS will cover four main categories of activities, as defined in ii)
below, in the following five areas:
• Space science, in particular space astronomy and astrophysics, solar system
exploration and solar-terrestrial physics;
• Earth observation research and applications, in particular environmental
monitoring, meteorology, aeronomy and geodesy;
• Telecommunications, in particular service demonstrations and satellite navigation;
• Microgravity research, in particular space biology and medicine, and materials
• Ground segment engineering and utilisation;
ii) The categories of activities covered by the PECS are the following:
• Technology and equipment relating to ESA optional programmes which are not
on the critical path for execution of the Agency’s programmes ("non-critical
• Scientific projects and/or experiments;
• Data exploitation;
• Support to Small and Medium Entreprises (SMEs).
iii) The detailed activities to be covered by the PECS shall be defined in a
rolling five-year plan to be renewed, at the end of the fourth year of each
five-year period in the light of the negotiations concerning renewal of the
Agreement between the Agency and the Government of the Republic of Hungary,
for a new five-year period starting at the end of the fifth year. The five-year
draft plan shall be approved within the framework of the PECS Committee and
may be updated every year in accordance with the procedures set out below.
II. Rules and procedures
II.1 Implementation of the PECS
The Agency shall execute the PECS in conformity with its rules and procedures,
unless otherwise provided for in the present objectives, rules and procedures.
A dedicated Committee, hereinafter referred to as "the PECS Committee",
shall be set up to monitor and control implementation of the PECS. The Committee’s
terms of reference and rules of procedure are described in Appendix II below.
National institutions under the jurisdiction of the Republic of Hungary may,
at the Agency’s request and with the agreement of the Government of the Republic
of Hungary, provide technical support for one or more activities to be executed
under the PECS; where appropriate, such support shall be covered by an exchange
of letters between the institution concerned and the Agency, which shall be
forwarded for information to all the other ECSs and to the Council of the Agency.
The Agency shall make its facilities and services available for activities
performed under the PECS in accordance with the provisions of Article 3.1 of
the present Agreement. In particular the Agency’s Electronic Mail Invitation
Tender System (EMITS) shall be made available to registered firms in the Republic
of Hungary on the following conditions:
- Read-only access for Agency programmes,
- Full access for activities included in the PECS.
II.2 Content of the PECS
Prior to the start of activities for a five-year period, the Agency shall draw
up a five-year PECS, based on inputs received from the Government of the Republic
of Hungary and Member States in accordance with the following procedure:
II.2.1 The Agency shall consult with the Government of the Republic of Hungary
on its wishes regarding non-critical technology.
II.2.2 Taking into account the provisions of Article 6 of the Agreement, the
Agency shall thereafter establish a preliminary draft five-year PECS to be discussed
in each Programme Board and Committee, and shall submit it for approval by a
two-thirds majority vote of the Member States or the participants concerned
to the following Agency Committees and Programme Boards with a view to its approval
by the PECS Committee:
to the relevant Agency Programme Boards: with respect to contributions by
the Government of the Republic of Hungary in the development and/or the exploitation
phase of systems and payloads or to the development of non-critical technology,
to be undertaken within the framework of Agency optional programmes;
to the Science Programme Committee (SPC): with respect to contributions by
the Government of the Republic of Hungary in the development and/or the exploitation
phase or in the development of non-critical technology, to be undertaken within
the framework of Agency scientific projects.
to the Industrial Policy Committee (IPC): with respect to the inclusion in
its PECS of the development of certain technologies listed in the Agency’s Technology
Master Plan to be undertaken by the Government of the Republic of Hungary or
the development by the latter of non-critical technology in this field and of
activities to be undertaken in support of SMEs.
In addition, if the PECS activity is included within the scope of the activities
as defined in Annex A to a programme Declaration in force or in the process
of being finalised, the corresponding Declaration or draft Declaration shall
be amended or shall acknowledge this PECS contribution accordingly.
The IPC shall also examine and approve by a simple majority vote of all Member
States the industrial policy aspects of the PECS before it is submitted to the
PECS Committee for approval.
II.2.3 The Agency shall thereafter prepare a consolidated PECS on the basis
of the elements approved by the relevant Committees and Programme Boards with
a view to its examination and approval by the PECS Committee. The Government
of the Republic of Hungary shall at this stage inform the Agency and the PECS
Committee of the activities it wishes to support and shall also give the Agency
confirmation of its intended contribution to the funding of the activities concerned.
II.2.4 Prior to approval of the five-year PECS by the PECS Committee, any changes
in the content of the proposed activities requested by the PECS Committee, with
the exception of deleted activities, shall be forwarded for examination to the
relevant Committees and Programme Boards. The relevant Committees and Programme
Boards shall thereafter forward their approval of the proposed changes to the
PECS Committee for its approval.
II.2.5 Once the PECS Committee has approved the five-year PECS, the Agency
shall, on the basis of that PECS, prepare a specific instrument, hereafter called
the “PECS Charter” (referred to in Article 14.1), allowing the Government of
the Republic of Hungary to commit financially to the PECS. The PECS Charter
shall include the references of the activities to be financed by the Government
of the Republic of Hungary as defined in the approved PECS and shall show the
corresponding financial contribution to be subscribed by the Government of the
Republic of Hungary including its financial share of the internal costs of the
Agency referred to in paragraph II.4, together with the corresponding indicative
breakdown and schedule of payments. The PECS Charter shall be presented by the
Agency to the Government of the Republic of Hungary for subscription and shall
thereafter be transmitted to the PECS Committee for information.
II.2.6 The five-year PECS may be revised and updated once every year during
this five-year period to take into account new activities that are proposed
by the Agency and in which the Government of the Republic of Hungary or another
ECS has expressed an interest. Approval of the yearly revision of the PECS shall
be preceded by approval by the relevant Agency Committees and Programme Boards.
If as the result of the above procedure new activities are added to the PECS,
the PECS Charter shall be amended by the Agency accordingly and the Government
of the Republic of Hungary shall agree on its resulting increased contribution,
if any, as reflected in the updated PECS Charter.
II.3 Industrial policy principles
The PECS shall be based on a guaranteed geographical return coefficient of
1. The geographical return shall be calculated according to the Resolution on
the Regulation Concerning the Calculation of the Geographical Return Coefficients
(ESA/CXXXVIII/Res. 6 (Final)) adopted by the Agency Council.
When defining the content of the five-year work plan of the PECS and any revision
thereof, the following industrial policy principles shall be applied:
non-distortion of competition,
complementarity with existing expertise in Member States,
complementarity with the activities undertaken in the approved ESA programmes,
impact on the development of the use of services derived from European space
technological value for the Agency with emphasis on:
? innovation potential
? compatibility with the European Technological Master Plan and/or with the
future programmatic needs of the Agency,
impulse to European industrial networking,
opening of new markets for competitive suppliers,
involvement of SMEs.
These criteria will also be used by the IPC when examining and reviewing the
II.4 Financial matters
The PECS shall be financed through contributions by the ECS made in accordance
with the rules and procedures of the Agency, which will be formalised through
subscription by the Government of the Republic of Hungary of the PECS Charter
in accordance with the procedures referred to in paragraph II.2 the Government
of the Republic of Hungary will, for the management of the programme, cover
the Agency’s internal costs, at a fixed rate of 7% of the yearly financial contribution
covered by the Charter, progressively increased each year with the aim of reaching
full costs after the five-year period of the PECS.
The minimum financial contribution required for the participation of any ECS
in the PECS over a period of five years amounts to 5 MEURO at 2001 economic
Work may start as soon as one ECS has subscribed to the PECS Charter.
The Government of the Republic of Hungary may subsequently increase its contribution
to the PECS once a year as long as such increase does not entail any additional
cost to other ECSs.
In the case of contracts co-financed by either the selected firm or other sources
the participation in Agency’s internal costs shall be calculated on the basis
of the overall contract value.
Notwithstanding the provisions of Article 18 of the Agency’s Financial Regulations,
any amount unspent at the end of the financial year shall be automatically carried
forward to the following year.
At the end of each five-year period covered by the PECS, the share of the Government
of the Republic of Hungary’s contribution that has not been earmarked for the
execution of the corresponding work shall be used to finance activities planned
to be executed in the following five-year period covered by the PECS, unless
otherwise required by the Government of the Republic of Hungary.
In the event of termination of the present Agreement, any contribution of the
Government of the Republic of Hungary not committed under the PECS may be assigned
by the Government of the Republic of Hungary to other Agency in which it participates
if it becomes a Member State or an associate Member, or may be otherwise disposed
of as decided by the Government of the Republic of Hungary.
II.5 Contractual Matters
The Agency shall conclude the contracts necessary for the execution of the
PECS in accordance with its rules and procedures, by applying the general clauses
and conditions for ESA contracts and in particular all contracts shall be placed
Contractual commitments entered into by the Agency shall be limited to the
funding available. The Agency shall not issue an invitation to tender when the
funding for the activities concerned is insufficient in relation to the cost
estimates in the work plan.
Activities shall as a general rule be carried out through an open competition
procedure in the ECSs that have expressed an interest in the activities concerned.
In the case of co-funded activities the Agency shall retain full visibility
over expenditure planned and actually incurred by the contractor as well as
the origin of all funding for the purpose of the execution of the contract.
Where appropriate this may include a right of audit by or on behalf of the Agency.
Any intellectual property stemming from the in-orbit flight of a payload included
in the activities of the PECS shall be governed by the Agency’s Rules.
II.6 General provisions
The Government of the Republic of Hungary shall in principle, depending on
the objectives of the cooperation project, be the owner of the assets produced
and funded by it under the PECS as well as of the facilities, software and equipment
acquired for its execution, while taking into account the principles governing
Amendments made to the present Appendix I shall only require the Parties’
Committee of the Plan for European Cooperating States
Terms of reference and rules of procedure
A. Terms of reference
The PECS Committee, acting in coordination with the Agency, shall monitor and
control the execution of the PECS in accordance with the Objectives, Rules and
Procedures set out in Appendix I to the present Agreement. To that end it shall:
1. examine and approve by a simple majority vote of the ECSs, after receiving
notification of agreement by the relevant subordinate bodies of the Agency Council,
the draft five-year PECS referred to in paragraph II.2 of the PECS Objectives,
Rules and Procedures and any amendment thereof;
The right to vote on the draft five-year PECS shall also be granted to any
other potential ECSs for which the relevant ECS Agreement has been signed but
has not yet come into force.
2. decide, in conformity with Chapter V of the PECS Committee rules of procedures,
on the language in which the meetings of the PECS Committee will be conducted,
such decision to be taken by a simple majority vote of the ECSs;
3. take note of any subscriptions or any increase in contributions made by
the participants to the PECS as reflected in the PECS Charter;
4. receive information concerning the technical support provided by a national
institution under the jurisdiction of a European Cooperating State referred
to in the PECS Objectives, Rules and Procedures.
5. approve its terms of reference and its rules of procedure and any amendments
B. Rules of Procedure
1.1 The PECS Committee shall be exclusively composed of representatives of
European Cooperating States (ECS).
1.2 One representative of each Member State of the Agency may attend meetings
of the Committee as observer. The Chairmen of the Administrative and Finance
Committee (AFC), Industrial Policy Committee (IPC) and Science Programme Committee
(SPC) of the Agency are invited to attend ex officio and are granted observer
1.3 Each ECS may in principle be represented by no more than two delegates.
Participation as delegate shall be subject to submission to the Chairman of
credentials issued by the competent national authority.
1.4 Advisers may accompany the delegates. The names and professions of advisers
shall be notified to the Director General of the Agency before they take part
in the work of any meeting of the Committee.
2.1 The Committee shall elect for one year from among the representatives of
the ECS a Chairman and a Vice-chairman.
2.2 If the Chairman is unable to fulfil his or her functions the Vice-chairman
shall take the Chair in his or her stead. The acting Chairman shall have the
same powers and duties as the Chairman.
2.3 The Chairman shall conduct the Committee’s deliberations. He or she shall
not have the capacity of delegate. In the exercise of his or her functions the
Chairman shall remain under the authority of the Committee.
2.4 The ECS of which a delegate exercises the functions of Chairman shall appoint
a delegate in his or her stead for the duration of his or her functions as Chairman.
3.1 The Committee shall in principle meet on Agency premises, as a general
rule not more than twice a year, immediately following a meeting of the IPC
3.2 At the beginning of each meeting, the Chairman shall circulate a list of
3.3 Attendance of Representatives of Member States of the Agency and Chairmen
of the AFC, IPC and SPC at meetings of the Committee shall in no way imply a
right to vote.
3.4 The Committee shall at each meeting determine the date of its next meeting.
When necessary the Chairman may alter the date fixed for a meeting.
3.5 The Chairman may convene extraordinary meetings of the Committee, either
on his or her own initiative or on a request from a majority of ECS. He or she
shall try to arrange such meetings in conjunction with meetings of the IPC or
3.6 The Director General of the Agency shall designate a member of the staff
of the Agency to act as Secretary of the Committee.
3.7 After consultation with the Chairman, the Secretary of the Committee shall
prepare a draft agenda, which shall be circulated to the ECS not later than
a fortnight before each meeting.
3.8 The draft agenda shall be discussed and adopted by the Committee after
any necessary modifications, immediately after the opening of the meeting. Other
items may be added to the draft agenda but a decision may be taken on them only
if all ECS present agree.
3.9 The staff members of the Agency designated by the Director General of the
Agency shall attend meetings of the Committee.
3.10 Each ECS shall have one vote.
3.11 Except where otherwise provided for, decisions shall be taken by a simple
majority of ECS represented and voting.
3.12 The present rules of procedure will be implemented with a view to facilitating
the fulfilment of the objectives of the PECS and will become fully applicable
when at least three ECS have joined the PECS Committee.
Functions of the Chairman and conduct of business
4.1 The Chairman shall, subject to the provisions of these Rules, control the
proceedings of the Committee and maintain order during its meetings. He or she
shall declare the opening and closing of each meeting, direct the discussions
and, if necessary, sum them up, ensure observance of these Rules, accord or
withdraw the right to speak, decide points of order, put proposals to the vote
and announce decisions. He or she may propose adjournment or closure of the
debate, or adjournment or suspension of a meeting. He or she shall ascertain
before each vote that a quorum is present in accordance with paragraph 4.10
4.2 No one shall take the floor without first having obtained the Chairman's
authorisation. Subject to the provisions of paragraph 4.3, the Chairman shall
call upon speakers in the order in which they have asked to speak. The Chairman
may call to order a speaker whose remarks have no bearing on the subject at
4.3 During the meeting, an ECS may move a point of order. The Chairman shall
give an immediate ruling on this motion. Any ECS may appeal against the Chairman's
ruling, in which case the appeal shall be debated and put to the vote. Unless
the appeal is upheld by a majority of ECS present and voting, the Chairman's
ruling shall stand. ECS speaking on a point of order may not deal with the substance
of the point at issue.
4.4 Priority over all other propositions or motions shall be given, in the
following order, to motions for:
(a) suspending the sitting,
(b) closing the sitting,
(c) adjourning the question under discussion,
(d) closure of the debate on the question under discussion.
4.5 Any proposal in its final form shall be put to the vote. It shall be submitted
to the meeting in writing if an ECS so requests. In such case the Chairman shall
not put the proposal to the meeting until ECS so desiring are in possession
of the text of the proposal.
4.6 Whenever an amendment to a proposal is moved, the amendment shall be put
to the vote first. If two or more amendments are moved the Committee shall vote
first on the one which the Chairman rules to be in substance farthest from the
original proposal. Where adoption of one amendment necessarily implies rejection
of another amendment, the latter shall not be put to the vote.
4.7 Any ECS may request that parts of an amendment be put to the vote separately.
If this request meets with objection, the motion to split the amendment shall
be put to the vote.
4.8 If an ECS so requests, the Committee shall then vote on the final amended
4.9 Where two or more proposals are moved in respect of one and the same matter,
these proposals shall, unless the Committee decides otherwise, be put to the
vote in the order in which they were moved. After each vote the Committee may
decide whether or not to vote on the next proposal.
4.10 Whenever the present rules become fully applicable pursuant the provisions
of paragraph 3.12 above, the presence of representatives from a majority of
ECS shall be necessary to constitute a quorum at any meeting of the PECS Committee.
The Committee’s meetings shall be conducted in one of the working languages
of the Agency, to be chosen by the PECS Committee. All documents for the meetings
shall be prepared in the corresponding language.
6.1 After each meeting of the Committee draft minutes shall be prepared by
the Committee Secretary, giving the substance of the discussions and recording
the conclusions reached.
6.2 The draft minutes shall be circulated as soon as possible after the end
of the meeting.
6.3 Proposals for amendments to the draft minutes shall be sent by the ECS
to the Committee Secretary in writing within three weeks of the date of their
6.4 At the beginning of each meeting the minutes of the previous meeting, after
consideration of any amendment submitted, shall be approved by the Committee.
The terms of reference of the PECS Committee and its rules of procedure may
be amended by the PECS Committee and shall require the Agency’s written consent.