Founding Agreements of Regional and Global Space Organizations. The European Space Agency (ESA)

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1 Founding Agreements of Regional and Global Space Organizations The European Space Agency (ESA) MARCO FERRAZZANI ESA Legal Counsel and Head of Legal Department 7 th Eilene M. Galloway Symposium on Critical issues in Space Law December 6, 2012, Cosmos Club, Washington D.C.

2 Summary 1.Historical background 2.ESA creation and membership 3. ESA purpose and policy 4.ESA programmes structures 5.ESA international legal status 6.ESA institutional structure 7.ESA decision making 8.ESA international cooperation

3 1. Historical background In 1962 the European nations decide to have two different agencies, one to develop a launch system, the European Launch Development Organisation (ELDO) and the other, the European Space Research Organisation (ESRO), to develop spacecraft: the first regional space organisations. ESRO for space science exploration; ELDO for a new launcher; Early experiences, technological problems, cost overruns and political dispute; After the discussion of the idea of a new single European space organisation replacing the satellite and launcher organisations ESRO and ELDO,in 1975 the ESA Convention was approved by the Conference of Plenipotentiaries held in Paris. An international treaty among European States, still in force today.

4 2. ESA creation and membership ESA was formed with 11 Member States. ESA currently has 20 Member States and 9 other EU states and Canada have Cooperation Agreements; The Members of ESA are: «the States which are parties to this Convention in accordance with Articles XX and XXII.» (Article 1.2 of the Convention); The current wording of the Convention provides that only States may become members of the Agency; ESA s membership implies the right and obligation for States to participate in the mandatory activities and contribute to the fixed common costs of the Agency (Art. 1.3 of the Convention).

5 3.ESA purpose and policy The fundamental scope of the Agency is based on the cooperation and integration of the European space effort: the magnitude of the human, technical and financial resources required for activities in the space field is such that these resources lie beyond the means of any single European country. (first paragraph, preamble of the ESA Convention). An inter-governmental organisation of European States who wants to cooperate: - in space research and - technology and - their space applications

6 3.ESA purpose and policy Article II of the Convention: - by elaborating and implementing a long-term European space policy; now done with the EU - by elaborating and implementing activities and programmes in the space field; = ESA mandatory activities and optional programmes - by coordinating the European space programme and national programmes; Some European country maintain a national activity with national political objectives, - by elaborating and implementing an industrial policy; and by recommending a coherent industrial policy to the Member States.

7 4.ESA programmes structures I. Mandatory activities (governed by Article V.1.a of the Convention all Member States shall participate in these activities): (a) (b) ESA ensures execution of basic activities (education, documentation, studies of future projects, technological work) done through the general budget; ESA ensures elaboration and execution of a scientific programme; II. Optional activities (Article V.1.b of the Convention) (= Member States may decide not to participate) funded through the mechanisms described in Annex 3 (see further presentation).execution of programmes includes: (a) including the design, development, construction, launching, placing in orbit, and control of satellites and other space systems; (b) including the design, development, construction, and operation of launch facilities and space transport systems.

8 4.ESA programmes structures A regional space agency with: Full technical capabilities A range of programmes Economic and industrial policy objectives

9 5.ESA international legal status 1. As an Intergovernmental Organisation, ESA s Convention is ratified by its Member States and forms an integral part of the national law of each of the Member States. 2. ESA is therefore only bound by its own set of rules and regulations and not that of the individual Member States or of other international organisation such as the European Union.

10 6. ESA institutional structure I. Council responsibilities: - composed of representatives of - Member States and meets when - required, at delegate level or at - ministerial level; same powers; - with regard to mandatory activities: approves these activities and programmes; determines the level of resources for the coming five-year period; determines, towards the end of the third year, the level of resources for the new five-year period, starting at the end of this third year. - with regard to optional activities: accepts each programme (enabling Resolution); determines in the course of their implementation, the order of priority of programmes

11 6. ESA institutional structure II. The Director General responsibilities: - appointed by Council for a defined period; - is the chief executive officer of the - Agency and its legal representative; - shall take all measures necessary for the management of the Agency, the execution of its programmes, the implementation of its policy and the fulfilment of its purpose; - shall have authority over the establishments of the Agency; - shall, in regard to financial administration, act in accordance with Annex II to the Convention (Financial provisions); - shall make an annual report to Council; - may submit proposals concerning activities and programmes, and measures designed to ensure fulfilment of the Agency s purpose; - attend meetings of the Council without the right to vote.

12 7. ESA decision making Decision making in ESA bodies is mostly by majority voting : ONE State = ONE vote In Optional Programmes votes are calculated by adding weighted votes according to financial contributions per programme Simple majority = Half of States + 50% of contributions Double 2/3 majority = 2/3 of States + 66% of contributions

13 8. ESA international cooperation 1. In the context of the space programmes and limitations on national budgets, international cooperation in space is the best way to share costs and to take advantage of the expertise of each country for a common goal. 2. The most important example is the International Space Station between the United States, Russia, ESA, Canada, and Japan. 3. Article XIV of the ESA Convention deals with the general principle of co-operation and gives examples on the forms the co-operation may take: - ESA contribution to multilateral (ISS) or bilateral missions; - participation in ESA programmes; - associate membership status.

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15 8. ESA international cooperation On this basis ESA concludes a large number of Agreements which vary according to the mutual interests of the Parties and the objective pursued; Non-formal or more formal type of co-operation: Agreements, MOU, MOI, Letter of Agreement, Project arrangement, etc; International cooperation is not always the rule but remains fundamental for space activities in Europe and worldwide.

16 8. ESA international cooperation Examples of ESA missions together with international partners include: Past missions Hubble space telescope Spacelab Cassini Huygens Ulysses Double Star mission Future missions Exomars Bepi Colombo James Webb space telescope

17 Questions? "Europe's history of excellence in space is one of the most visible achievements of European cooperation in science and technology that started some 35 years ago" Prof. Reimar Lüst, Introduction to the History of the European Space Agency