ORGANISATION EUROPÉENNE DE
RECHERCHES SPATIALES
EUROPEAN SPACE RESEARCH ORGANISATION
LE DIRECTEUR GÉNÉRAL
JUR/ 13-3-3/DRK/ JA/ET/10956
Neuilly, le 5 December 1973
Your Excellency,
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:
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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:
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(a) the assistance of ESOC services for studies, planning, software development, engineering,
during the preparatory phase;
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(b) the services of the ESOC Control Centre, in particular as regards training, simulation
and real-time computing;
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(c) the use of a voice-data link between the station of the ESTRACK network located in
Redu (Belgium) and ESOC;
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(d) the use of the station of the ESTRACK network located at Redu for telecommand purposes;
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(e) the use of the ESOC IBM computer.
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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.
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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.
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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.
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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.
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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.
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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.
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8.
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(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.
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(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.
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(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.
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(d) The Tribunal shall determine its own procedure and where it shall meet.
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(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
A. Hocker
Director General
His Excellency
Ambassador J. de Ranitz
Royal Netherlands Embassy
7 rue Eblé
75007 Paris.
