国际搜救卫星COSPAS-SARSAT系统计划协定 THE INTERNATIONAL COSPAS-SARSAT PROGRAMME AGREEMENT
2009-03-24 法律英语 来源:互联网 作者: ℃(e) ensuring interaction and cooperation with the InternationalCivil Aviation Organization, the International Telecommunication Union,the International Maritime Organization and other internationalorganizations for the purpose of coordinating technical matters;
(f) the provision of administrative, operational and technicalcoordination with Ground Segment Providers and User States, including theadoption of procedures for type approval or commissioning of GroundSegment equipment and radiobeacons;
(g) the assessment of the need for technical and operationalenhancements of the system, including those relating to contributions ofthe Parties and those which would entail contributions by Statesnon-Parties to this Agreement;
(h) the establishment of mechanisms for exchange of appropriatetechnical and operational information;
(i) taking decisions upon matters of joint relations with Statesnon-Parties to this Agreement, as well as international organizations;
(j) the direction of Secretariat activities;
(k) the organization and coordination of exercises, trials andstudies that are necessary to assess the performance of the System; and
(l) other matters regarding operation of the System's Space andGround Segments and radiobeacons that the Council agrees shall fall withinits purview.
ARTICLE 10 THE SECRETARIAT
10.1 The Secretariat shall be the permanent administrative organ forthe Programme and shall assist the Council in the implementation of itsfunctions.
10.2 The Secretariat shall be managed by a Head of Secretariat,appointed pursuant to procedures approved by the Council.
10.3 The Secretariat shall take direction from the Council in theperformance of its functions, which include:
(a) conference services for the meetings of the Council and of itssubsidiary organs;
(b) administrative services concerning general correspondence,system documentation and promotional materials
;
(c) technical services including the preparation of reports asinstructed by the Council;
(d) liaison with Ground Segment Providers, User States andinternational organizations; and
(e) such other services as may be required by the Council for theimplementation of this Agreement.
ARTICLE 11 GROUND SEGMENT PROVIDERS
11.1 Any State planning to establish and operate Ground Segmentequipment shall advise the Council of its intention to do so and shall:
(a) adhere to the technical specifications and operatingprocedures set by the Council for the purpose of ensuring adequate systemperformance;
(b) endeavour to deliver, in accordance with procedures agreedwith the Council, distress alert and location information received throughthe COSPAS-SARSAT Space Segment to appropriate search and rescueauthorities;
(c) provide, as agreed with the Council, appropriate performancedata in order to confirm compatibility of its Ground Segment equipmentwith the System;
(d) designate an organization to carry out its responsibilitiespursuant to this Article;
(e) participate in appropriate meetings of the Programme, convenedby the Council, on terms and conditions determined by the Council, with aview to resolving relevant administrative, operational and technicalissues;
(f) confirm that it will not make any claims or bring actionsagainst the Parties for injury, damages or financial losses arising outof activities, or lack thereof, pursuant to this Agreement;
(g) adhere to the provisions of Article 12 in relation to its useof the System; and
(h) fulfill any other requirement as may be agreed with theCouncil.
11.2 Any such State wishing to become a Ground segment Provider shallnotify formal acceptance of its obligations pursuant to Article 11.1 tothe Depositary which shall inform the Parties. Such notification shall bein the form of a standard letter and shall include the conditions ofparticipation in the System previously agreed with the Council pursuant toArticle 11.1.
ARTICLE 12 USER STATES
12.1 Any State may utilize the System both through the reception ofCOSPAS-SARSAT alert and location data and through the deployment ofradiobeacons.
12.2 Any such State wishing to become a User State shall assumecertain responsibilities including:
(a) to advise the Council or the competent internationalorganization of its point or points of contact for distress alertpurposes;
(b) to make use of radiobeacons for operation in the System, thecharacteristics of which comply with appropriate provisions of theInternational Telecommunication Union and COSPAS-SARSAT specifications;
(c) to maintain, as applicable, a radiobeacon register;
(d) to exchange COSPAS-SARSAT data in a timely andnon-discriminatory manner, in accordance with procedures agreed with theCouncil;
(e) to confirm that it will not make any claims or bring actionsagainst the Parties for injury, damages or financial losses arising out ofactivities, or lack thereof, pursuant to this Agreement;
(f) to participate as necessary in appropriate meetings of theProgramme, convened by the Council, on terms and conditions determined bythe Council, with a view to resolving relevant administrative, operationaland technical issues; and
(g) to fulfill any other requirement as may be agreed with theCouncil.
12.3 User States shall notify formal acceptance of their obligationsunder Article 12.2 to the Depositary which shall inform the Parties. Suchnotification shall be in the form of a standard letter and shall includethe conditions of participation in the System previously agreed with theCouncil pursuant to Article 12.2.
ARTICLE 13 RELATIONSHIP WITH INTERNATIONAL ORGANIZATIONS
13.1 To promote implementation of this Agreement, the Parties, actingthrough the Council
, shall cooperate with the International CivilAviation Organization, the International Telecommunication Union and theInternational Maritime Organization, as well as with other internationalorganizations, on matters of common interest. The Parties shall take intoaccount the relevant resolutions, standards and recommendations of theseinternational organizations.
13.2 This cooperation may be formalized between these Organizationsand the Parties.
ARTICLE 14 LIABILITY
14.1 The Parties shall not make any claims or bring actions againsteach other for injury, damages or financial losses arising out ofactivities, or lack thereof, pursuant to this Agreement.
14.2 The Parties accept no liability towards users of the System orany third party, particularly as regards any claims for injury, damages orfinancial losses that may arise from the use of the System. Parties willcooperate with a view to protecting themselves from any such potentialclaims.
ARTICLE 15 SETTLEMENT OF DISPUTES
15.1 Any dispute concerning the interpretation or implementation ofthis Agreement should be settled by negotiations between or among theParties concerned.
15.2 If a settlement cannot be reached by such negotiations, thedispute may, if the affected Parties so agree, be referred to arbitration.
ARTICLE 16 ACCESSION
16.1 This Agreement shall be open for accession by any State thatagrees to contribute a minimum of one basic unit to the Space Segment, andis prepared to assume the responsibilities of a Party pursuant to thisAgreement.
16.2 Where a State is to accede to this Agreement and assumeresponsibility for the contribution of a basic unit of the existing SpaceSegment either as described in Article 3.1 or as enhanced pursuant toArticle 3.2, it shall do so in agreement with the Party currentlyproviding that basic unit and in consultation with the other Parties.
16.3 Where a State is to accede to this Agreement and assumeresponsibility for the contribution of an additional basic unit whichitself constitutes an enhancement of the Space Segment, it shall do sowith the agreement of all Parties following a decision of the Councilpursuant to Article 3.2 that such enhancement is required.
16.4 Where the requirements of Article 16.2 or 16.3, as appropriate,have been satisfied and the State so notified, such State may accede bydepositing its instrument of accession with the Depositary.
16.5 This Agreement shall enter into force for the acceding State onthe date of deposit of the instrument of accession with the Depositary.
ARTICLE 17 WITHDRAWAL
17.1 A Party may withdraw from this Agreement.
17.2 A Party intending to withdraw shall notify the Depositary to thateffect. Such withdrawal shall take effect one year after the date ofreceipt of notification by the Depositary, or at a later date to beagreed by the Parties.
17.3 A Party intending to withdraw from this Agreement shall endeavourto ensure continuity of its existing contribution to the Space Segmentand, in that respect, shall consult with the other Parties to determineadjustments in their respective responsibilities.
ARTICLE 18 AMENDMENTS
18.1 Amendments to this Agreement may be proposed by any Party.
18.2 Ninety days notice is required before consideration of a proposedamendment by the Council at its next meeting. The Council shall considerthe proposed amendment at that meeting and make recommendation to theParties concer
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