Rządowy projekt ustawy o ratyfikacji Porozumienia o Europejskim Państwie Współpracującym między Rządem Rzeczypospolitej Polskiej a Europejską Agencją Kosmiczną, podpisanego w Warszawie dnia 27 kwietnia 2007 r.

Appendix I


Plan for European Cooperating States (PECS):
Objectives, Rules and Procedures

I
Objectives

I.1
Overall objectives of the PECS

The overall objective of the PECS is to associate the Government of the Republic
of Poland with Agency programmes and activities and to prepare in the most
efficient manner for possible future accession to the ESA Convention.

I.2
Specific objectives of the PECS

a)
Develop cooperation between scientific and applications user communities in
the Republic of Poland and Agency Member States.

b)
Create and strengthen the respective industrial expertise and capacity of the
Republic of Poland with a view to allowing a fair and equitable industrial
participation in future Agency programmes after accession.

c)
Provide indirect access to ESA programmes and activities and access to joint
Agency/EU programmes, in accordance with the terms and conditions of the
applicable legal instruments.

d)
Foster the Government of the Republic of Poland’s understanding of the
Agency’s organisation and functioning of European space products, standards
and procedures.

e)
Ensure coherence between the space activities of Member States and the
Government of the Republic of Poland e.g. by avoiding unnecessary duplication.

I.3
Areas and categories of activities to be covered by the PECS

I.3.1 The PECS will cover four main categories of activities, as defined in I.3.2 below,
in the following five areas:

a) Space science, in particular space astronomy and astrophysics, solar
system exploration and solar-terrestrial physics;

b) Earth observation research and applications, in particular environmental
monitoring, meteorology, aeronomy and geodesy;

c) Telecommunications, in particular service demonstrations and satellite
navigation;

d) Microgravity research, in particular space biology and medicine, and
materials processing;

e) Ground segment engineering and utilisation.
I.3.2
The categories of activities covered by the PECS are the following:

a) Technology and equipment relating to ESA optional programmes which
are not on the critical path for execution of the Agency’s programmes
("non-critical path technology");

b) Scientific projects and/or experiments;

c) Data exploitation;

d) Support to Small and Medium Entreprises (SMEs).

I.3.3 The detailed activities to be covered by the PECS shall be defined in a rolling
five-year plan to be renewed, at the end of the fourth year of each five-year period
in the light of the negotiations concerning renewal of the Agreement between the
Agency and the Government of the Republic of Poland, for a new five-year
period starting at the end of the fifth year. The five-year draft plan shall be
approved within the framework of the PECS Committee and may be updated
every year in accordance with the procedures set out below.

II. Rules and procedures

II.1 Implementation of the PECS

II.1.1 The Agency shall execute the PECS in conformity with its rules and procedures,
unless otherwise provided for in the present objectives, rules and procedures.

II.1.2 A dedicated Committee, hereinafter referred to as "the PECS Committee", shall be
set up to monitor and control implementation of the PECS. The Committee’s terms
of reference and rules of procedure are described in Appendix II below.

II.1.3 National institutions under the jurisdiction of the Republic of Poland may, at the
Agency’s request and with the agreement of the Government of the Republic of
Poland, provide technical support for one or more activities to be executed under
the PECS; where appropriate, such support shall be covered by an exchange of
letters between the institution concerned and the Agency, which shall be forwarded
for information to all the other ECSs and to the Council of the Agency.

II.1.4 The Agency shall make its facilities and services available for activities performed
under the PECS in accordance with the provisions of Article 3.1 of the present
Agreement. In particular the Agency’s Electronic Mail Invitation Tender System
(EMITS) shall be made available to registered firms in the Republic of Poland on
the following conditions:

a) Read-only access for Agency programmes; and

b) Full access to activities included in the PECS, and access to joint Agency/EU
programmes, in accordance with the terms and conditions of the applicable
legal instruments.
II.2 Content of the PECS

Prior to the start of activities for a five-year period, the Agency shall draw up a
five-year PECS, based on inputs received from the Government of the Republic of
Poland and Member States in accordance with the following procedure:

II.2.1 The Agency shall consult with the Government of the Republic of Poland on its
wishes regarding non-critical path technology.

II.2.2 Taking into account the provisions of Article 6 of the Agreement, the Agency shall
thereafter establish a preliminary draft five-year PECS to be discussed in each
Programme Board and Committee, and shall submit it for approval, by a two-thirds
majority vote of the Member States or the participants concerned, to the following
Agency Committees and Programme Boards with a view to its approval by the
PECS Committee:

a) to the relevant Agency Programme Boards: with respect to contributions by
the Government of the Republic of Poland in the development and/or the
exploitation phase of systems and payloads or to the development of non-
critical path technology, to be undertaken within the framework of Agency
optional programmes;

b) to the Science Programme Committee (SPC): with respect to contributions by
the Government of the Republic of Poland in the development and/or the
exploitation phase or in the development of non-critical path technology, to
be undertaken within the framework of Agency scientific projects.

c) to the Industrial Policy Committee (IPC): with respect to the inclusion in its
PECS of the development of certain technologies listed in the Agency’s
Technology Master Plan to be undertaken by the Government of the Republic
of Poland or the development by the latter of non-critical path technology in
this field and of activities to be undertaken in support of SMEs.

In addition, if the PECS activity is included within the scope of the activities
as defined in Annex A to a programme Declaration in force or in the process
of being finalised, the corresponding Declaration or draft Declaration shall be
amended or shall acknowledge this PECS contribution accordingly.

The IPC shall also examine and approve by a simple majority vote of all
Member States the industrial policy aspects of the PECS before it is
submitted to the PECS Committee for approval.

II.2.3 The Agency shall thereafter prepare a consolidated PECS on the basis of the
elements approved by the relevant Committees and Programme Boards with
a view to its examination and approval by the PECS Committee. The
Government of the Republic of Poland shall at this stage inform the Agency
and the PECS Committee of the activities it wishes to support, taking into
account the convergence and complementarity of Polish industries with the
ESA Member States, and shall also give the Agency confirmation of its
intended contribution to the funding of the activities concerned.

II.2.4 Prior to approval of the five-year PECS by the PECS Committee, any
changes in the content of the proposed activities requested by the PECS
Committee, with the exception of deleted activities, shall be forwarded for
examination to the relevant Committees and Programme Boards. The
relevant Committees and Programme Boards shall thereafter forward their
approval of the proposed changes to the PECS Committee for its approval.

II.2.5 Once the PECS Committee has approved the five-year PECS, the Agency
shall, on the basis of that PECS, prepare a specific instrument, hereafter
called the “PECS Charter” (referred to in Article 14.1), allowing the
Government of the Republic of Poland to commit financially to the PECS.
The PECS Charter shall include the references of the activities to be financed
by the Government of the Republic of Poland as defined in the approved
PECS and shall show the corresponding financial contribution to be
subscribed by the Government of the Republic of Poland including its
financial share of the internal costs of the Agency referred to in paragraph
II.4, together with the corresponding indicative breakdown and schedule of
payments. The PECS Charter shall be presented by the Agency to the
Government of the Republic of Poland for subscription and shall thereafter
be transmitted to the PECS Committee for information.

II.2.6 The five-year PECS may be revised and updated once every year during this
five-year period to take into account new activities that are proposed by the
Agency and in which the Government of the Republic of Poland or another ECS
has expressed an interest. Approval of the yearly revision of the PECS shall be
preceded by approval by the relevant Agency Committees and Programme
Boards. If as the result of the above procedure new activities are added to the
PECS, the PECS Charter shall be amended by the Agency accordingly and the
Government of the Republic of Poland shall agree on its resulting increased
contribution, if any, as reflected in the updated PECS Charter.


II.3 Industrial policy principles

II.3.1
The PECS shall be based on a guaranteed geographical return coefficient
of 1. The geographical return shall be calculated according to the
Resolution on the Regulation Concerning the Calculation of the
Geographical Return Coefficients (ESA/CXXXVIII/Res. 6 (Final))
adopted by the Agency Council.

II.3.2
When defining the content of the five-year work plan of the PECS and any
revision thereof, the following industrial policy principles shall be applied:

a)
non-distortion of competition;

b)
complementarity with existing expertise in Member States;

c)
complementarity with the activities undertaken in the approved
ESA programmes;

d)
impact on the development of the use of services derived from
European space assets;

e)
technological value for the Agency with emphasis on:


innovation potential

compatibility with the European Technological Master Plan
and/or with the future programmatic needs of the Agency;
f)
impulse to European industrial networking;

g)
opening of new markets for competitive suppliers;

h)
involvement of SME’s.


II.3.3
These criteria will also be used by the IPC when examining and reviewing
the draft PECS.

II.4 Financial matters

II.4.1 The PECS shall be financed through contributions by the ECS made in
accordance with the rules and procedures of the Agency, which will be
formalised through subscription by the Government of the Republic of
Poland of the PECS Charter in accordance with the procedures referred to
in paragraph II.2 the Government of the Republic of Poland will, for the
management of the programme, cover the Agency’s internal costs, at
a fixed rate of 7% of the yearly financial contribution covered by the
Charter, progressively increased each year with the aim of reaching full
costs after the five-year period of the PECS.

II.4.2 The minimum financial contribution required for the participation of any
ECS in the PECS over a period of five years amounts to 5 MEURO at
2001 economic conditions.

II.4.3 Work may start as soon as one ECS has subscribed to the PECS Charter.

II.4.4 The Government of the Republic of Poland may subsequently increase its
contribution to the PECS once a year as long as such increase does not
entail any additional cost to other ECS’s.

II.4.5 In the case of contracts co-financed by either the selected firm or other
sources the participation in Agency’s internal costs shall be calculated on
the basis of the overall contract value, unless otherwise agreed.

II.4.6 Notwithstanding the provisions of Article 18 of the Agency’s Financial
Regulations, any amount unspent at the end of the financial year shall be
automatically carried forward to the following year.

II.4.7 At the end of each five-year period covered by the PECS, the share of the
Government of the Republic of Poland’s contribution that has not been
earmarked for the execution of the corresponding work shall be used to
finance activities planned to be executed in the following five-year period
covered by the PECS, unless otherwise required by the Government of the
Republic of Poland.

II.4.8 In the event of termination of the present Agreement, any contribution of
the Government of the Republic of Poland not committed under the PECS
may be assigned by the Government of the Republic of Poland to other
Agency programme in which it participates if it becomes a Member State
or an associate Member, or may be otherwise disposed of as decided by
the Government of the Republic of Poland.