The ESA enlargement process The new concept of European cooperating State

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The ESA enlargement process The new concept of
European cooperating State

• Presented by Catherine Baudin
• ESA Legal Affairs Department

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Participation in Mandatory and Optional
programmes
PECS
ESA Member State
Cooperation agreement
European Cooperating State
Associate Member State
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• New status granted to European States that want
  to accede to the ESA Convention
• Main aim prepare this European State in the most
  efficient manner for accession
• Czech Republic, Hungary, Poland and Romania have
  been considered admissible to this status
• Granted through the conclusion of a specific
  enhanced cooperation Agreement
• Duration of the Agreement in principle five
  years
• New status associated to the participation in a
  specific programme Programme for European
  Cooperating States (PECS), which duration is
  also of five years

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• PECS is an obligatory activity in which only
  European cooperating States (ECS) participate
• The participation in PECS is exclusive of a
  participation of the ECS in other Agencys
  programmes
• If a State is granted the status of ECS the
  previous cooperation Agreement concluded with
  that State shall terminate
• The PECS allows indirect in the Agency programmes
  and activities (Science optional programmes,
  i.e. Technology and equipment related to ESA
  optional programmes which are not in a critical
  path for the fulfilment of the Agency programmes
  - scientific projects or experiments - data
  exploitation) subject to prior agreement of the
  relevant subordinate bodies of ESA Council

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• Functioning of the PECS
• A dedicated Committee, the "PECS Committee", is
  set up to monitor and control the execution of
  the programme
• It is composed of
• representatives of the ECS
• representatives of Member States who may only
  attend as observers

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Consultation Consolidation Approval
MS
PECS Committee
PECS/ Financial commitment for 5 years
Draft WP
ECS
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• Minimum financial contribution to the PECS is
  expected
• Financial contribution to be made in accordance
  with the rules and procedures of ESA (use of
  Euro)
• Any amount unspent at the end of the financial
  year shall be automatically carried forward to
  the following year
• Gradual participation to the internal ESA costs
  corresponding to the ESA management of the
  programme
• Special yearly reviews to be organised between
  ESA and the ECS to discuss convergence and
  complementarity of the ECS industries with the
  space industries of ESA
• The outcome of these reviews will be used when
  examining ways and means for continuing or
  further developing cooperation at the end of the
  five-year period

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• ESA shall conclude the contracts necessary for
  the execution of the programme in accordance with
  its rules and procedures
• Activities are, as a general rule, to be carried
  out through an open competition procedure in the
  ECS that have expressed an interest in the
  activities concerned

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• PECS will be based on a guaranteed geographical
  return coefficient of one (1)
• The following industrial policy principle will be
  applied by ESA when defining the five-year
  workplan of PECS
• non distortion of competition
• complementarity with existing expertise in Member
  States
• complementarity with the activities undertaken in
  the approved ESA programmes
• impact on the development of the use of services
  derived from European space assets
• technological value for ESA with emphasis on
• innovation potential
• compatibility with the European Technological
  Master Plan and/or with the future programmatic
  needs of the Agency
• impulse to European industrial networking
• opening of new markets for competitive suppliers
• involvement of SMEs

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• The ECS maybe invited by Council to attend
  Council or its subsidiary bodies on issues
  related to PECS
• The ECS shall have access to Agencys young
  graduate and fellowship programmes
• The ECS shall favour the use of European space
  transportation systems on the facilities and
  products of the Agency for its own needs and such
  use by international organisations/institutions
  to which it belongs

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• Conclusions
• Looking forward to receiving the reactions on
  this new concept and the feasibility of such type
  of cooperative approach by the interested ECS
• ESA internal approval procedure still on-going
• ESA Member States have been informed that the
  four potential ECS with which ESA has an
  Agreement would be consulted before continuing
  the process
• ESA internal approval procedure regarding the new
  type of model cooperation Agreement to be
  proposed to the future ECS, to be finalised in
  the course of next year

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• Conclusions (continued)
• Once ESA Council has approved the standard draft
  Agreement to be used for the cooperation with
  future ECS, the Director General will be able to
  start negotiations with the interested countries
• After successful negotiations with each
  individual ECS, the corresponding Agreement will
  be submitted to Council for approval by a
  unanimous vote of all ESA Member States