ORGANISATION EUROPÉENNE DE
EUROPEAN SPACE RESEARCH ORGANISATION
LE DIRECTEUR GÉNÉRAL
JUR/ 13-3-3/DRK/ JA/ET/10956
Neuilly, le 5 December 1973
I have the honour to refer to the request by the Government of the Kingdom of the Netherlands to use the tracking and telemetry network (ESTRACK) and certain facilities and services of the European Space Operations Centre (ESOC) of the European Space Research Organisation (ESRO) for the design, the development and the operation of the Astronomical Netherlands Satellite (ANS), to be launched in 1974 from the Western Test Range in the USA (hereinafter referred to as the “Special Project”).
The ESRO Council at its forty-fourth session has, in conformity with Article VIII of the Convention for the establishment of ESRO and with the ESRO rules concerning the use of ESTRACK, accepted this request and has authorised me to conclude on behalf of ESRO an agreement with the Netherlands Government, under the following terms and conditions:
1. The Special Project is described as follows:
It is intended to launch an astronomical satellite with experiments on board, designed to study Ultra Violet photomaton and hard and soft X-rays.
The support requested from ESRO concerns in particular:
(a) the assistance of ESOC services for studies, planning, software development, engineering, during the preparatory phase;
(b) the services of the ESOC Control Centre, in particular as regards training, simulation and real-time computing;
(c) the use of a voice-data link between the station of the ESTRACK network located in Redu (Belgium) and ESOC;
(d) the use of the station of the ESTRACK network located at Redu for telecommand purposes;
(e) the use of the ESOC IBM computer.
2. For the purpose of responsibility under international law for damage caused by the execution of this Special Project, the provision by ESRO of its assistance and the use of its facilities do not change the character of the Special Project as a national activity of the Netherlands.
3. The Netherlands Government shall as far as it is concerned fulfil all the necessary steps called for under the regulations of the International Telecommunications Union.
4. It has been noted that the responsibility for the execution of the Special Project has been delegated by the Netherlands Government to the Netherlands Agency for Aerospace Programmes.
5. Arrangements will be made between ESRO and the Industrial Consortium Astronomical Netherlands Satellite (ICANS) under contract with and supervision of the Netherlands Agency for Aerospace Programmes, concerning all detailed financial, technical and legal conditions on the execution of the Special Project.
6. The costs arising from the requested support shall be established in conformity with the ESRO Rules concerning the Use of the ESTRACK Network, the ESRO Council having decided to accept the request, and with the relevant provisions of the detailed arrangements referred to in paragraph 5 above.
7. The Netherlands Government guarantees the entire project and in particular guarantees the reimbursement by the Industrial Consortium Astronomical Netherlands Satellite (ICANS) of all costs referred to in paragraph 6 above.
(a) Any dispute arising out of the interpretation or application of this Agreement which cannot be settled directly between the parties may be submitted by either party to an Arbitral Tribunal. If a party intends to submit a dispute to arbitration, it shall notify the other party.
(b) The Netherlands Government and the Organisation shall each designate a member of the Tribunal. These two members shall designate a third member of the Tribunal who shall be its chairman.
(c) If, after three months from the date of the notification referred to in paragraph (a) of this Article, either party has failed to make the designation referred to in paragraph (b) of this Article, the other party may request the President of the International Court of Justice to make this designation. The same procedure may be invoked by either party if, after one month from the date of appointment of the second arbitrator, the first two arbitrators are unable to agree on the designation of the third arbitrator.
(d) The Tribunal shall determine its own procedure and where it shall meet.
(e) The award of the Tribunal, which shall be taken by a majority of votes, shall be final and binding on the parties. In cases of dispute concerning the import or scope of the award, it shall be incumbent upon the Tribunal to interpret it at the request of either party.
If the foregoing terms and conditions are acceptable to the Government of the Kingdom of the Netherlands, I have the honour to propose that the present letter, together with your Excellency's reply to that effect, shall constitute the agreement for the execution of the Special Project between the European Space Research Organisation and the Government of the Kingdom of the Netherlands which shall provisionally be applied from the date of your Excellency's reply and which shall enter into force on the date of receipt by ESRO of a letter from the Government of the Kingdom of the Netherlands indicating that the relative constitutional requirements in the Kingdom of the Netherlands have been complied with.
I have the honour to be Your Excellency's obedient Servant,
(sd.) A. HOCKER
Ambassador J. de Ranitz
Royal Netherlands Embassy
7 rue Eblé