View Treaty - E105645

ARRANGEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE EUROPEAN SPACE AGENCY CONCERNING THE PARTICIPATION BY THE GOVERNMENT  OF CANADA IN THE ADVANCED RESEARCH IN TELECOMMUNICATIONS SYSTEMS 4.0

(ARTES 4.0) PROGRAMME

THE GOVERNMENT OF CANADA (hereinafter referred to as “Canada”),

and

THE EUROPEAN SPACE AGENCY, established by the Convention opened for signature in Paris on 30 May 1975 (hereinafter referred to as “the Agency”), hereinafter individually referred to as a “Party” or collectively as the “Parties”,

HAVING REGARD to the Cooperation Agreement between the Government of Canada and the European Space Agency, signed in Paris on 12 February 2019 and which entered into force on 13 June 2019 (hereinafter referred to as the “Cooperation Agreement’) and in particular its Article 112;

HAVING REGARD to Canada’s participation in the Advanced Research in Telecommunications Systems (hereinafter referred to as “ARTES”) Programme on the basis of the Arrangement between the European Space Agency and the Government of Canada concerning the participation by the Government of Canada in the Advanced Research in Telecommunications Systems “ARTES” Programme, which entered into force at the date of its signature on 29 November 2012;

HAVING REGARD to the Resolution on ESA programmes: addressing the challenges ahead (ESAIC-M/CCLXXXVI/Res.3 (Final)) adopted at ministerial level at Seville, Spain on 28 November 2019;

HAVING REGARD to the Declaration on the ARTES 4.0 Programme (hereinafter referred to as “the Declaration”), referred to as ESA/JCB/CCXXXIXJDec.1 (Final), as may be revised;

HAVING REGARD to Canada’s request to participate in the ARTES 4.0 Programme and the acceptance of that request by the participating States through their approval on 28 November 2019 of Canada’s subscription of financial contributions in that Programme as reflected in the last revision of document ESA/C-M(2019)100;

HAVING REGARD to Article XIV.2 of the Agency’s Convention, which relates to cooperation and participation by non-member States in the Agency’s programmes;

HAVE AGREED as follows:

ARTICLE 1

The purpose of this Arrangement is to define the terms of Canada’s participation in the ARTES 4.0 Programme.

ARTICLE 2

Canada shall, for the purpose of the execution of the ARTES 4.0 Programme and in accordance with the terms of this Arrangement, have the rights and the obligations of a participating State as set forth in the Declaration, in the implementing rules applicable to the Programme and in any other decisions governing the execution of that Programme.

ARTICLE 3

Canada shall contribute to cover its financial obligation resulting from the execution of the ARTES 4.0 Programme in accordance with the provisions of the Declaration and of any subsequent revision of that Declaration by the participating States on the occasion of meetings of the Agency’s Council or of the Council’s subordinate bodies.

ARTICLE 4

Canada shall, in accordance with Article IV of the Cooperation Agreement, be represented by no more than two designated delegates, who may be accompanied by advisors, at meetings of the participating States held within the framework of the Joint Board on Communication Satellite Programmes responsible for monitoring the ARTES 4.0 Programme, and have a vote on matters relating to the ARTES 4.0 Programme.

ARTICLE 5

Canada and the Agency may amend this Arrangement by mutual agreement. Amendments shall enter into force thirty days after the last notification by the Parties that the internal conditions for their entry into force have been met.

ARTICLE 6

Any dispute arising out of the application or interpretation of this Arrangement that cannot be settled amicably by consultations between the Parties shall, at the request of either Party, be submitted to arbitration. The provisions of Article XVII of the Agency’s Convention on the conduct of arbitration shall apply unless otherwise agreed by the Parties.

ARTICLE 7

This Arrangement shall enter into force on the date of signature by both Parties and shall remain in force as long as Canada participates in the ARTES 4.0 Programme in accordance with the provisions of the Declaration and in any event no longer than until completion of the ARTES 4.0 Programme. The Agency shall notify Canada of the date that the ARTES 4.0 Programme is complete.

Done in duplicate, in the English and French languages, each version being equally authentic.

FOR THE GOVERNMENT

OF CANADA

Jean-Pierre Arsenault

Date: 20 April 2020
Location: Paris

FOR THE EUROPEAN

SPACE AGENCY

Johann Dietrich Wörner

Date: 20 April 2020
Location: Paris