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.

II.5 Contractual Matters

II.5.1
The Agency shall conclude the contracts necessary for the execution of the
PECS in accordance with its rules and procedures, by applying the general
clauses and conditions for ESA contracts and in particular all contracts
shall be placed in EURO.

II.5.2
Contractual commitments entered into by the Agency shall be limited to
the funding available. The Agency shall not issue an invitation to tender
when the funding for the activities concerned is insufficient in relation to
the cost estimates in the work plan.

II.5.3
Activities shall as a general rule be carried out through an open
competition procedure in the ECS’s that have expressed an interest in the
activities concerned.

II.5.4
In the case of co-funded activities the Agency shall retain full visibility
over expenditure planned and actually incurred by the contractor as well
as the origin of all funding for the purpose of the execution of the contract.
Where appropriate this may include a right of audit by or on behalf of the
Agency.

II.5.5
Any intellectual property rights stemming from the in-orbit flight of a
payload included in the activities of the PECS shall be governed by the
Agency’s Rules.

II.6 Final provisions

II.6.1
The Government of the Republic of Poland shall in principle, depending
on the objectives of the cooperation project, be the owner of the assets
produced and funded by it under the PECS as well as of the facilities,
software and equipment acquired for its execution, while taking into
account the principles governing Agency contracts.

II.6.2
Amendments made to the present Appendix I shall require the Parties’
written agreement.




Appendix II


Committee of the Plan for European Cooperating States
(PECS Committee)


Terms of reference and rules of procedure


A. Terms of reference

The PECS Committee, acting in coordination with the Agency, shall monitor and control
the execution of the PECS in accordance with the Objectives, Rules and Procedures set
out in Appendix I to the present Agreement. To that end it shall:

1.
examine and approve by a simple majority vote of the ECS’s, after receiving
notification of agreement by the relevant subordinate bodies of the Agency
Council, the draft five-year PECS referred to in paragraph II.2 of the PECS
Objectives, Rules and Procedures and any amendment thereof;

The right to vote on the draft five-year PECS shall also be granted to any other
potential ECS’s for which the relevant ECS Agreement has been signed but has not
yet come into force.

2.
decide, in conformity with Chapter V of the PECS Committee rules of procedures,
on the language in which the meetings of the PECS Committee will be conducted,
such decision to be taken by a simple majority vote of the ECS’s;

3.
take note of any subscriptions or any increase in contributions made by the
participants to the PECS as reflected in the PECS Charter;

4.
Receive information concerning the technical support provided by a national
institution under the jurisdiction of a European Cooperating State referred to in the
PECS Objectives, Rules and Procedures.

5.
Approve its terms of reference and its rules of procedure and any amendments
thereof.

Appendix II

PECS Committee

B. Rules of Procedure


Chapter I
Composition

1.1 The PECS Committee shall be exclusively composed of representatives of ECS.

1.2 One representative of each Member State of the Agency may attend meetings of
the Committee as observer. The Chairmen of the Administrative and Finance
Committee (AFC), Industrial Policy Committee (IPC) and Science Programme
Committee (SPC) of the Agency are invited to attend ex officio and are granted
observer status.

1.3 Each ECS may in principle be represented by no more than two delegates.
Participation as delegate shall be subject to submission to the Chairman of
credentials issued by the competent national authority.

1.4 Advisers may accompany the delegates. The names and professions of advisers
shall be notified to the Director General of the Agency before they take part in the
work of any meeting of the Committee.


Chapter II
Chairmanship

2.1 The Committee shall elect for one year from among the representatives of the ECS
a Chairman and a Vice-chairman.

2.2 If the Chairman is unable to fulfil his or her functions the Vice-chairman shall take
the Chair in his or her stead. The acting Chairman shall have the same powers and
duties as the Chairman.

2.3 The Chairman shall conduct the Committee’s deliberations. He or she shall not
have the capacity of delegate. In the exercise of his or her functions the Chairman
shall remain under the authority of the Committee.

2.4 The ECS of which a delegate exercises the functions of Chairman shall appoint
a delegate in his or her stead for the duration of his or her functions as Chairman.


Chapter III
Meetings

3.1 The Committee shall in principle meet on Agency premises, as a general rule not
more than twice a year, immediately following a meeting of the IPC or AFC.

3.2 At the beginning of each meeting, the Chairman shall circulate a list of participants
for signature.
3.3 Attendance of Representatives of Member States of the Agency and Chairmen of
the AFC, IPC and SPC at meetings of the Committee shall in no way imply a right
to vote.

3.4 The Committee shall at each meeting determine the date of its next meeting. When
necessary the Chairman may alter the date fixed for a meeting.

3.5 The Chairman may convene extraordinary meetings of the Committee, either on his
or her own initiative or on a request from a majority of ECS. He or she shall try to
arrange such meetings in conjunction with meetings of the IPC or AFC.

3.6 The Director General of the Agency shall designate a member of the staff of the
Agency to act as Secretary of the Committee.

3.7 After consultation with the Chairman, the Secretary of the Committee shall prepare
a draft agenda, which shall be circulated to the ECS not later than a fortnight before
each meeting.

3.8 The draft agenda shall be discussed and adopted by the Committee after any
necessary modifications, immediately after the opening of the meeting. Other items
may be added to the draft agenda but a decision may be taken on them only if all
ECS present agree.

3.9 The staff members of the Agency designated by the Director General of the
Agency shall attend meetings of the Committee.

3.10 Each ECS shall have one vote.

3.11 Except where otherwise provided for, decisions shall be taken by a simple majority
of ECS represented and voting.

3.12 The present rules of procedure will be implemented with a view to facilitating the
fulfilment of the objectives of the PECS and will become fully applicable when at
least three ECS have joined the PECS Committee.


Chapter IV
Functions of the Chairman and conduct of business

4.1 The Chairman shall, subject to the provisions of these Rules, control the
proceedings of the Committee and maintain order during its meetings. He or she
shall declare the opening and closing of each meeting direct the discussions and, if
necessary, sum them up, ensure observance of these Rules, accord or withdraw the
right to speak, decide points of order, put proposals to the vote and announce
decisions. He or she may propose adjournment or closure of the debate, or
adjournment or suspension of a meeting. He or she shall ascertain before each vote
that a quorum is present in accordance with paragraph 4.10 below.

4.2 No one shall take the floor without first having obtained the Chairman's
authorisation. Subject to the provisions of paragraph 4.3, the Chairman shall call
upon speakers in the order in which they have asked to speak. The Chairman may
call to order a speaker whose remarks have no bearing on the subject at issue.

4.3 During the meeting, an ECS may move a point of order. The Chairman shall give
an immediate ruling on this motion. Any ECS may appeal against the Chairman's
ruling, in which case the appeal shall be debated and put to the vote. Unless the
appeal is upheld by a majority of ECS present and voting, the Chairman's ruling
shall stand. ECS speaking on a point of order may not deal with the substance of
the point at issue.

4.4 Priority over all other propositions or motions shall be given, in the following
order, to motions for:

a)
Suspending the sitting,
b)
Closing the sitting,
c)
Adjourning the question under discussion,

d)
Closure of the debate on the question under discussion.

4.5 Any proposal in its final form shall be put to the vote. It shall be submitted to the
meeting in writing if an ECS so requests. In such case the Chairman shall not put
the proposal to the meeting until ECS so desiring are in possession of the text of the
proposal.

4.6 Whenever an amendment to a proposal is moved, the amendment shall be put to the
vote first. If two or more amendments are moved the Committee shall vote first on
the one which the Chairman rules to be in substance farthest from the original
proposal. Where adoption of one amendment necessarily implies rejection of
another amendment, the latter shall not be put to the vote.

4.7 Any ECS may request that parts of an amendment be put to the vote separately. If
this request meets with objection, the motion to split the amendment shall be put to
the vote.

4.8 If an ECS so requests, the Committee shall then vote on the final amended proposal.

4.9 Where two or more proposals are moved in respect of one and the same matter,
these proposals shall, unless the Committee decides otherwise, be put to the vote in
the order in which they were moved. After each vote the Committee may decide
whether or not to vote on the next proposal.

4.10 Whenever the present rules become fully applicable pursuant the provisions of
paragraph 3.12 above, the presence of representatives from a majority of ECS shall
be necessary to constitute a quorum at any meeting of the PECS Committee.


Chapter V
Languages

The Committee’s meetings shall be conducted in one of the working languages of the
Agency, to be chosen by the PECS Committee. All documents for the meetings shall be
prepared in the corresponding language.