The governments of the Republic of Austria, the Kingdom of Belgium, the Kingdom of
Denmark, the French Republic, the Federal Republic of Germany, Ireland, the Italian
Republic, the Kingdom of the Netherlands, the Kingdom of Norway, the Kingdom of Spain,
the Kingdom of Sweden, the Swiss Confederation, the United Kingdom of Great Britain
and Northern Ireland,
parties to the Declaration by certain European governments on the Ariane launcher
production phase, opened for accession on 14 January 1980, which entered into force
on 14 April 1980 and was renewed on 21 May 1992, its application having been extended
on 10 May 1999 until the end of the year 2001,
and the governments of the Republic of Finland and of the Portuguese Republic,
hereinafter referred to as the ``Participants", being Member States of the European
Space Agency, hereinafter referred to as the ``Agency",
Having regard to the Arrangement signed on 21 September 1973 between certain European
governments and the European Space Research Organisation concerning the execution
of the Ariane launcher programme, hereinafter referred to as ``the Ariane Arrangement",
and in particular Articles I, III.1 and V thereof, which provide for a new Arrangement
defining the production phase of the Ariane programme,
Having regard to the Convention for the establishment of a European Space Agency,
which was opened for signature on 30 May 1975 and entered into force on 30 October
1980, hereinafter referred to as the ``ESA Convention",
Considering that by virtue of its Resolution ESA/C/XXXIII/Res. 3 of 26 July 1979,
the Council of the Agency agreed that production was to be entrusted to an industrial
structure, and that by virtue of its Resolutions ESA/C/XXXIX/Res. 8 of 24 January
1980, ESA/C/XCII/Res. 1 (Final) of 17 October 1990 and ESA/C/CXLIII/Res. 1 (Final)
of 20 October 1999, the said Council agreed that, on the basis of Article V.2 of the
ESA Convention, the Agency would carry out the mission provided for in chapter II
of the Declaration on the Ariane launcher production phase including its renewals
referred to above,
Considering that the Ariane launcher is a major element of European space policy,
Having regard to Declaration ESA/C/XLII/Dec. 1 (Final), concerning an Ariane launcher
(Ariane 2/3) follow-on development programme, drawn up on 26 June 1980,
Having regard to Declaration ESA/PB-ARIANE/XLIV/Dec. 1 (Final), rev. concerning a
programme for the development of an updated version of the Ariane launcher (Ariane-4),
drawn up on 10 December 1981 and amended on 15 June 1984,
Having regard to Declaration ESA/PB-ARIANE/LXXXV/Dec. 1 (Final), rev. 5, on the Ariane-5
development programme, drawn up on 4 December 1987,
Having regard to Resolutions ESA/C/LXXXIII/Res. 1 (Final), ESA/C/XCIX/Res. 1 (Final),
and ESA/C/CXL/Res. 1 (Final) on Ariane launch prices, adopted by the Council of the
Agency,
Having regard to Resolution ESA/C/CIX/Res. 2 (Final), rev. 2 (Final) on the funding
of the CSG (1993-2001), adopted by the Council of the Agency on 24 June 1993 and amended
on 28 September 1995 and 19 October 2000,
Having regard to the Agreement between the French Government and the Agency on the
Guiana Space Centre (CSG) (1993–2000), which entered into force on 1 January 1993,
Having regard to the Resolution on the CSG fee (ESA/C/CXXI/Res.2, rev.3 (Final)) adopted
by the Council of the Agency on 28 September 1995 and amended on 16 December 1997
and 10 May 1999,
Considering that the Arianespace group is presently formed by the French companies
Arianespace Participation S.A. with its registered office at Evry (Essonne, France)
and Arianespace S.A. (hereinafter referred to as ``Arianespace"), with its registered
office at Evry (Essonne, France) and that the shares of the said companies are held
by European entities, including the industrial firms involved in the manufacture of
the Ariane launchers,
Have agreed as follows: