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.

Rzeczypospolitej Polskiej, gdyż Porozumienie spowoduje skutki finansowe
dla Skarbu Państwa, przede wszystkim przez zapisy zawarte w art. 9,
stanowiące m.in., że w zakresie swojej urzędowej działalności Agencja, jej
majątek i dochody zostaną zwolnione od podatków bezpośrednich
w
Rzeczypospolitej Polskiej, a ponadto Agencja zostanie zwolniona
z podatków pośrednich, jeżeli zakupy lub usługi o istotnej wartości, ściśle
niezbędne do wykonywania urzędowej działalności w ramach Porozumienia,
będą dokonywane lub wykorzystywane przez Agencję. Skutki finansowe dla
Skarbu Państwa będą spowodowane również tym, że Rząd
Rzeczypospolitej Polskiej będzie pokrywał wkład finansowy wymagany dla
uczestnictwa polskich podmiotów w PECS. Przez okres pięciu lat wkład ten
wyniesie 5 mln euro w cenach z 2001 r. Wkład ten, jak i zakres uczestnictwa
polskich podmiotów w programie PECS będzie mógł być zwiększany
z inicjatywy Rządu Rzeczypospolitej Polskiej. Wkład ten obejmuje również
wewnętrzne koszty Agencji zarządzania Programem, w wysokości 7%
rocznego wkładu.
Po ogłoszeniu w Dzienniku Ustaw Rzeczypospolitej Polskiej Porozumienie
stanie się częścią krajowego porządku prawnego, a jego postanowienia
będą bezpośrednio stosowane.



13











European Cooperating State Agreement

between

the European Space Agency

and

the Government of the Republic of Poland

The Government of the Republic of Poland,

and

the European Space Agency, hereinafter referred to as "the Agency", established by the
Convention opened for signature in Paris on 30 May 1975, hereinafter referred to as "the
Convention",

hereinafter referred to as the “Parties”,

CONVINCED of the benefits of sustaining and enhancing the level of international
cooperation in space activities for exclusively peaceful purposes,

HAVING REGARD to the results of the cooperation achieved under the Agreement
between the Agency and the Government of the Republic of Poland signed on 24 January
2002 and entered into force on 22 November 2002 ,

HAVING REGARD to the Resolution on the implementation of measures concerning the
European Cooperating States (ECS) adopted by the Agency Council on 21 March 2001
(ESA/C/CL/Res. 2 (Final)), by which the Agency introduced a new cooperative approach
designed for European non-Member States with a view to their possible accession to the
Convention,

CONSIDERING the wish expressed by the Government of the Republic of Poland to
implement the European space policy and to strengthen its cooperation with the Agency
within the frame of this new ECS cooperative approach,

HAVING REGARD to Articles II and XIV.1 of the Convention,

HAVE AGREED AS FOLLOWS:


ARTICLE 1

1.1 Through the present Agreement, the Agency and the Government of the Republic
of Poland agree to cooperate in space activities, in accordance with the terms
herein. For the purpose of such cooperation, upon entry into force of this
Agreement, the Republic of Poland shall become a European Cooperating State
(hereinafter referred to as “ECS”). The Government of the Republic of Poland
hereby acknowledges and accepts that the Agency establishes cooperation
agreements with other non-Member States similar to the present Agreement, thus
also qualifying such other States as ECS’s.

1.2 The Government of the Republic of Poland agrees that, at all levels of its
cooperation with the Agency as an ECS, it will act in conformity with the purposes
for which the Agency was created as defined in the Convention, in particular the
exploration and utilisation of space for exclusively peaceful purposes.
ARTICLE 2

2.1 The Government of the Republic of Poland shall be associated with
implementation of the Agency’s jointly selected programmes and activities,
exclusive of the Agency's basic technology research programme, through its
financial contribution to the Plan for European Cooperating States (hereinafter
referred to as “PECS”), the content of which shall be mutually agreed with the
Agency, subject to the other provisions of the Agreement.

2.2 The Government of the Republic of Poland shall also receive Announcements of
Opportunity for Agency scientific missions allowing it to propose the procurement
of instruments to be integrated in these Agency missions at Principal Investigator
(PI) or Co-Investigator (CI) level.


ARTICLE 3

3.1 Subject to the terms of Article 7 and the prior requirements and obligations of the
Agency, the Government of the Republic of Poland shall have access on a cost-
reimbursable basis to the Agency’s facilities and services for its national space
projects covered by the present Agreement. The methods used in calculating costs
shall be those applied to the Agency's Member States when utilising Agency
facilities and services for their own national space projects. In return, the
Government of the Republic of Poland shall make its facilities and services
available to the Agency and its Member States on equitable terms.

3.2 In developing its national space potential and in planning national space missions,
the Government of the Republic of Poland shall make primary reference to the use
of European space transportation systems, and of facilities, products and services
belonging to, or developed or operated under the auspices of, the Agency or its
Member States. The Government of the Republic of Poland shall, further, support
the Agency's efforts to promote the use of European transportation systems,
facilities, products and services by those international bodies to which it belongs
that employ systems or services with a space-based component.


ARTICLE 4

4.1 For the purposes of this Agreement “Intellectual Property” has the meaning stated
in Article 2 of the Convention establishing the World Intellectual Property
Organisation, done in Stockholm, 14 July 1967.

4.2 The Parties shall ensure adequate and effective protection of Intellectual Property
as may arise from the work done under this cooperation Agreement and of any pre-
existing rights that may come into play in the course of such cooperation.

4.3 The specific provisions concerning the rights of access, dissemination and use of
technical information and data as well as intellectual property developed under the
present Agreement, shall follow the Agency’s rules and procedures.

4.4 The Parties shall strive, within the framework of the legislation or regulations
applicable to each of them, to facilitate exchanges of scientific and technical
information, data and goods, of mutual interest concerning space science, technology
and applications necessary for the implementation of the present Agreement.

ARTICLE 5

5.1 The Republic of Poland and the Agency shall exchange information concerning:

(a)
the content and planning of their current and future space programmes;

(b)
matters of scientific and technical interest arising out of their space activities.
In particular, the Government of the Republic of Poland shall receive reports
published and made available by the Agency, as well as information relating
to the progress of Agency programmes.

5.2 Provision of any Agency information shall in all cases be subject to the observance
by the Government of the Republic of Poland of any proprietary rights to the
information, while the Government of the Republic of Poland further undertakes
not to disseminate information that is classified subject to non-disclosure
Agreements signed with the Agency or is not otherwise generally available beyond
the territories of the Republic of Poland and the Agency's Member States, whether
directly or through intermediaries operating within or outside those territories.

5.3 The Government of the Republic of Poland shall not be required to communicate
any information obtained outside the Agency if it considers that such
communication would be inconsistent with the interests of its own agreements with
third parties, or the conditions under which such information was obtained.

5.4 The Government of the Republic of Poland and the Agency shall, as appropriate,
exchange experts concerned with work within the competence of the Agency, in
conformity with the laws and regulations relating to the entry into, stay in or
departure from the Republic of Poland.

5.5 The Government of the Republic of Poland shall have access to the Agency’s young
graduate and fellowship programmes, subject to conditions to be mutually agreed.

5.6 The Government of the Republic of Poland and the Agency shall also consult
together when they are represented at international organisations, conferences and
meetings relating to space activities, for the purpose of exchanging views on
matters of mutual concern and shall seek to harmonise as appropriate their
positions on matters which are likely to have a bearing on implementation of their
common space programmes and activities.


ARTICLE 6

6.1 For matters relevant to the implementation of this Agreement and the coordination
with other ECS’s, a dedicated committee referred to as the “PECS Committee”
shall be established by the ECS’s and shall be operated in accordance with the
terms of the attached Appendices to the present Agreement.

6.2 For matters relating to the PECS, the Government of the Republic of Poland shall
be entitled to attend meetings of the Agency's Council and/or its subsidiary bodies
as an observer through one representative, who may be accompanied by advisers.
The Government of the Republic of Poland shall receive draft agendas and relevant
documents available to Member States to enable it to participate in meetings of
Council and/or its subsidiary bodies as an observer.