Vairogs10. pants
Spēkā · redakcija pārbaudīta 2026-05-18
Spēkā stāšanās un grozījumi
1. Līgums stājas spēkā dienā, kad
to parakstījušas abas Puses.
2. Līgums ir spēkā piecus gadus no
tā spēkā stāšanās brīža. Gadu pirms šī Līguma darbības termiņa
izbeigšanās Puses pārskata Līguma īstenošanas rezultātus un
izvērtē veidus, kā turpināt vai turpmāk attīstīt šādu sadarbību.
Puses it īpaši izvērtē iespēju noslēgt Eiropas sadarbības valsts
līgumu.
3. Ja esošā sadarbība tiek
turpināta, Līgumu var pagarināt un grozīt ar abpusēju rakstisku
piekrišanu.
4. Izņemot pirmos divus gadus pēc
Līguma parakstīšanas, katra Puse var izbeigt šo Līgumu, rakstiski
par to brīdinot otru pusi sešus mēnešus iepriekš. Ja šādas
izbeigšanas rezultātā Līguma spēkā esamība izbeidzas, Līguma
noteikumi paliek spēkā uz to periodu un tādā apmērā, kāds
nepieciešams, lai nodrošinātu jebkuras 3.panta 1.punktu minētās
vienošanās izpildi, kas ir spēkā brīdī, kad šī Līguma spēkā
esamība tiek izbeigta, īstenošanu.
Sastādīts
Rīgā 23.07.2009
divos oriģinālos latviešu un
angļu valodā. Atšķirīgas šī Līguma interpretācijas gadījumā,
noteicošais ir teksts angļu valodā. Aģentūra nodrošina tulkojumus
franču un vācu valodā.
.....................................
.............................
Latvijas Republikas valdības
vārdā
Izglītības un zinātnes ministre
Eiropas Kosmosa aģentūras
vārdā
AGREEMENT BETWEEN THE
GOVERNMENT OF THE REPUBLIC OF LATVIA
AND
THE EUROPEAN SPACE AGENCY CONCERNING SPACE COOPERATION FOR
PEACEFUL PURPOSES
The Government of the Republic of
Latvia (hereinafter referred to as "Latvia")
And
The European Space Agency,
established by the Convention, which was opened for signature in
Paris on 30 May 1975 and entered into force on
30 October 1980 (hereinafter referred to as "the
Agency"),
(hereinafter together referred to
as "the Parties"),
RECALLING that the purpose of the
Agency is to provide for and to promote, for exclusively peaceful
purposes, cooperation among European States in space research and
technology and their space applications,
NOTING that space has become a
factor in technological, economic, scientific and cultural
development,
CONSIDERING the wish expressed by
Latvia to cooperate with the Agency,
CONSIDERING that Latvia is, since
1 May 2004, a Member of the European Union and is thereby
associated to the definition of an overall European Space
Policy,
HAVING REGARD to Resolution on the
European Space Policy adopted by the ESA Council meeting on 22
May 2007 (ESA/C/CXCIV/Res.1 (Final)),
HAVING REGARD to Framework
Agreement between the European Community and the Agency signed on
25 November 2003 establishing a "framework providing a common
basis and appropriate operational arrangements for an efficient
and mutually efficient cooperation between the Parties with
regard to space activities in accordance with their respective
tasks and responsibilities and fully respective of their
institutional settings and operational frameworks" and which
constitutes the basis for the joint ESA and European Community
initiatives,
HAVING REGARD to Resolution on the
evolution of the Agency adopted by the ESA Council meeting at
Ministerial level on 6 December 2005 (ESA/C-M/CLXXXV/Res.5
(Final)), and in particular its Chapter IV paragraph 17 whereby
the Council "NOTES the growing interest of several new Member
States of the European Union in participating progressively in
the Agency's programmes and to foster public interest in space
exploration, and RECALLS the joint initiatives between ESA and
the European Community such as Galileo and GMES which involve all
these new Member States",
TAKING INTO CONSIDERATION the
provisions of the Treaty on Principles Governing the Activities
of States in the Exploration and Use of Outer Space, including
the Moon and Other Celestial Bodies, done on 27 January 1967, and
other multilateral agreements on the exploration and use of outer
space to which Member States of the Agency are parties and which
the Agency has accepted,
HAVING REGARD to the Convention
establishing the Agency and in particular Article XIV.1
thereof, on international cooperation, which states that "The
Agency may, upon decisions of the Council taken by unanimous
votes of all Member States, cooperate with other international
organisations and institutions and with Governments,
organisations and institutions of non-member States, and conclude
agreements with them to this effect",
DESIRING to establish mechanisms
to facilitate and intensify cooperation between the Parties on
mutually advantageous activities connected with the peaceful use
of outer space,
CONVINCED of the benefits that
such cooperation can bring to each Party,
HAVE AGREED AS FOLLOWS:
ARTICLE 1
Purpose
The purpose of this Agreement is
to establish a legal framework for cooperation between the
Parties in the field of research and peaceful use of outer space
and the conditions for implementing projects of mutual
interest.
ARTICLE 2
Areas of cooperation
1. The Parties shall keep each
other informed on all their respective activities and programmes
and on their progress and shall consult regularly, according to
the procedures set out in Article 3 below, on areas offering
potential for cooperation.
2. Among the areas considered by
the Parties as offering potential for cooperation under the
Agreement the following are specifically mentioned:
(a) Space science, in particular
space astronomy and astrophysics, solar system exploration and
solar-terrestrial physics;
(b) Earth observation research and
applications, in particular the Agency Satellite tracking to
provide the meteorological basis and the reference systems and
frames, environmental monitoring, meteorology, aeronomy and
geoinformatics, disaster management;
(c) Telecommunications, including
service demonstrations as well as satellite navigation;
(d) Microgravity research, in
particular space biology and medicine, and materials
processing;
(e) Technology development
including software and hardware;
(f) Ground segment engineering and
utilisation;
(g) Innovative material and
construction technologies for the next generation of European
launchers and orbital, planetary structures.
2.1 Upon signature of this
Agreement, Latvia shall notify the Agency of the areas that are
of particular interest to it. Upon identifying a programme of
mutual interest, the Parties shall conclude specific implementing
arrangements defining their rights and obligations in accordance
with the provisions of Article 3.1 below.
3. The Parties agree, with a view
to realising cooperative projects in the areas identified
pursuant to Article 2.2 above, to facilitate the exchange of
scientists and engineers, the exchange of information as well as
the contacts between the industries concerned.
4. The cooperation shall also
extend to:
(a) the award of fellowships to
enable the nominees of either Party to undertake training or
other scientific or technical activities at institutions proposed
by the awarding Party;
(b) the exchange of experts to
participate in studies;
(c) the holding of joint
conferences and symposia;
(d) joint promotion of the use of
products and services developed under the Agency's
programmes;
(e) the promotion of educational
activities in space science and technology;
(f) the provision of expert
opinions and assistance in space project management.
5. The Parties shall consult as
appropriate on matters of common interest on the exploration and
use of outer space on the agenda of the meetings of international
bodies.
6. The Parties shall encourage
international cooperation in the study of legal questions of
mutual interest, which may arise in the exploration and use of
outer space.
ARTICLE 3
Modalities of Implementation
1. In order to pursue cooperation
in programmes of common interest as referred to in Article 2
above, the Parties shall on each occasion negotiate and agree
upon specific implementing arrangements.
2. Latvia designates the Ministry
of Education and Science, for the implementation of this
Agreement.
3. Each Party shall designate a
"point of contact", who shall be responsible for monitoring the
implementation of this Agreement and for taking measures to
assist in the further development of cooperative activities. Such
points of contact shall be the ordinary channel for the Parties'
communication of proposals for cooperation.
4. Joint working groups may be
established to examine in detail proposals assigned to them by
the Parties referred to in Article 2.1 above and to make
recommendations to the Parties.
5. Special meetings between the
points of contact designated under paragraph 3 of this Article
shall be held, as often as necessary, to examine the progress in
the implementing of this Agreement.
6. For the execution of its
obligations under this Agreement, each Party shall in principle
meet its own costs.
7. Latvia agrees to provide
administrative assistance in the implementation of the present
Agreement, in particular as regards facilitating the entry and
exit of persons and the importation and exportation of goods and
materials relating to projects agreed upon by the Parties within
the frame of the present Agreement, including exemption from
charges that are normally applicable upon importation and
exportation referred to in Article 6 below. Latvia will issue
certification for import and export of goods and materials
relating to projects agreed upon by the Parties for customs
authorities, except goods falling under the scope of the national
legislation of the Republic of Latvia regulating the circulation
of goods of strategic significance. This certification guarantees
that the imported or exported goods and materials are employed in
the course of the projects agreed upon by the Parties.
ARTICLE 4
Observer status
Latvia shall be invited to attend
meetings of the Agency's Council held at Ministerial level as an
observer through one representative who may be accompanied by
advisers. Latvia shall receive the draft agenda and relevant
documents available to Member States to enable it to participate
in such meetings.
ARTICLE 5
Information and data
1. The Parties shall exchange
scientific and technical information of mutual interest
concerning space science, technology and applications through the
transmission of technical and scientific reports and notes,
consistent with their respective rules on the dissemination of
information and data.
2. Scientific and technical
information obtained by one Party in the course of joint
experiments or projects shall be made available to the other,
subject to the observance of such rules as may be mutually agreed
concerning the dissemination of information and data.
3. Where goods, data or
information are furnished by one Party to the other, the
receiving Party shall accord a degree of protection to the
intellectual property rights therein at least equivalent to that
enjoyed in the legal system applicable to the furnishing Party.
Special measures that need, in the view of the furnishing Party,
to be taken in order to achieve this level of protection shall be
the subject of mutual agreement.
ARTICLE 6
Privileges and immunities
1. For any of the activities
undertaken in Latvia within the frame of the present Agreement,
the Agency shall have legal personality on the Latvian territory.
For that purpose, Latvia shall grant the Agency the privileges
and immunities contained in the Convention on the Privileges and
Immunities of the Specialised Agencies adopted by the General
Assembly of the United Nations on 21 November 1947 and
entered into force for Latvia on 19 December 2005. It is
understood that the tax and fiscal exemptions provided for in the
above-mentioned Convention will not be applicable to Agency
officials who would also have Latvian nationality or would have
permanent residence in Latvia, at the time of their appointment
as Agency official.
2. For each specific programme of
common interest, referred to in Article 6.1 above, the
implementation of such privileges and immunities may be detailed
in the implementing arrangements referred to in Article 3.1
above.
ARTICLE 7
Exchange of Personnel
Taking into account the provisions
of Article 6 above, Latvia shall facilitate and expedite the
movement of persons necessary to implement this Agreement into
and out of the Latvian territory subject to applicable national
laws and regulations. The Agency will, subject to applicable laws
and regulations of its Member States, facilitate and expedite the
movement of persons necessary to implement this Agreement into
and out of the territories of its Member States.
ARTICLE 8
Liability
Subject to any other terms
contained in the implementing arrangements referred to in
Article 3.1 above, each Party shall be liable for any loss
or damage to its persons or property which it sustains in pursuit
of the activities provided for under this Agreement, except in
the case of wilful damage or gross negligence on the part of the
other Party.
ARTICLE 9
Settlement of disputes
1. Disputes concerning the
interpretation or application of this Agreement shall in
principle be settled by mutual consultations between the Parties.
If an issue not resolved through consultations still needs to be
resolved, that issue shall be submitted, at the request of either
Party, to an arbitration tribunal composed of one nominee of each
Party and a Chairman appointed by agreement between the Parties.
Should the Parties fail to agree on the appointment of a
Chairman, either Party may invite the President of the
International Court of Justice to make the necessary appointment.
The tribunal's award shall be final and binding upon both
Parties.
2. Implementing arrangements as
referred to in Article 3.1 of this Agreement shall contain
their own dispute-settlement provisions, which shall include the
procedures and modalities for arbitration.
ARTICLE 10
Entry into force - Amendment
1. The Agreement shall enter into
force on the day of signature by the Parties.
2. This Agreement shall remain in
force for a period of five (5) years from the date of its entry
into force. One year before the expiry of this Agreement, the
Parties shall review the results of its implementation and shall
examine ways and means of continuing or further developing such
cooperation. The Parties shall in particular examine the
possibility of concluding a European Cooperating State
Agreement.
3. In the event of the
continuation of the present cooperation, the Agreement may be
extended and amended by mutual agreement in writing.
4. Except during the first two
years from signature, the present Agreement may be terminated by
either Party by giving six months' notice in writing. If the
Agreement ceases to have effect on account of such termination,
its provisions shall nevertheless continue to apply for the
period and to the extent necessary to secure the implementation
of any specific implementing arrangements concluded pursuant to
Article 3.1 above and still effective on the date upon which
the present Agreement ceases to have effect.
Done at Riga
on 23 / 7 / 09
in two originals, in the Latvian
and English languages. In case of divergence of interpretation of
this Agreement, the English text shall prevail. The Agency will
provide translations in the French and German languages.
......................................
..................................
For the Government of the
Republic of Latvia
Minister for Education and Science
For the European Space
Agency