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.

ARTICLE 7

The Government of the Republic of Poland shall participate in and, in conformity with
the Agency’s financial regulations and instructions, contribute financially to the PECS, in
particular through its subscription of the “PECS Charter”, in accordance with the terms
of the Appendices to the present Agreement.


ARTICLE 8

8.1 With respect to the geographical distribution of contracts relating to the PECS in
which the Government of the Republic of Poland participates, the Agency shall
implement the applicable industrial policy rules referred to in Appendix I to the
present Agreement.

8.2 Special yearly reviews shall be held between the Agency and the Government of
the Republic of Poland in order to discuss the convergence and complementarity of
Polish industries with the space industries of the Agency’s Member States.


ARTICLE 9

For the execution of the Agency’s official activities undertaken within the frame of the
present Agreement, the Government of the Republic of Poland shall grant the following
privileges and immunities:

9.1 The Agency shall have, in the territory of the Republic of Poland, legal personality.
It shall in particular have the capacity to contract, to acquire and dispose of movable
and immovable property, and to be a party to legal proceedings.

9.2 The Agency shall have immunity from jurisdiction and execution except:

a)
where the Agency has expressly waived such immunity in a particular case;

b)
in respect of a civil action by a third party for damage arising from an accident
caused by a motor vehicle belonging to, or operated on behalf of the Agency,
or in respect of a motor traffic offence involving such a vehicle;

c)
in respect of an enforcement of an arbitration award made under Article 12
below.

9.3 Within the scope of its official activities, the Agency, its property and income shall
be exempt from direct taxes in the Republic of Poland. The Agency shall also be
exempted from indirect taxes when purchases or services of substantial value, strictly
necessary for the exercise of the official activities of the Agency within the frame of
the present Agreement, are made or used, by the Agency.

9.4 Goods imported or exported by the Agency and strictly necessary for the exercise of
its official activities shall be exempt from all import and export duties and taxes and
from all import or export prohibitions and restrictions. Any such imported or
exported goods may not be sold, lent or transferred with or without payment in the
territory of the Republic of Poland except according to conditions defined by the
Government of the Republic of Poland. The Government of the Republic of Poland
and the Agency shall define the procedures to be applied to the export or import of
assets used in connection with their cooperation. The Agency shall cooperate with
the Polish authorities in order to ensure that the goods imported or exported by the
Agency are being used for its official activities undertaken within the frame of the
present Agreement.

9.5 The Agency may receive and hold in the Republic of Poland any kind of funds,
currency, cash or securities; it may dispose of them freely in the Republic of Poland
for any official purpose of the Agency and hold accounts in any currency.

9.6 Staff members of the Agency shall be exempt from taxes on their salaries,
emoluments, benefits and pensions received in respect of current or previous service
with the Agency; such exemption shall also extend to benefits paid to members of
their families.

9.7 The circulation of publications and other information material sent by or to the
Agency shall not be restricted in any way.


ARTICLE 10

The Government of the Republic of Poland shall notify the Agency's Director General of
the name of the authority appointed to represent it for the implementation of the present
Agreement, as well as the names of its representative and advisers attending any
meetings in accordance with Article 6 above.


ARTICLE 11

The Parties shall each be solely liable for the conduct of their own activities in the
execution of the present Agreement. In particular, they shall each have a right of
recourse against the other in respect of damage of any kind to persons or property caused
by the other and shall hold each other harmless against any claims made by a third party
in respect of damage caused by their own activity.


ARTICLE 12

12.1 Any dispute arising out of the application or interpretation of this Agreement which
cannot be settled amicably between the parties shall, at the request of either party, be
submitted to an arbitration tribunal.

12.2 The arbitration tribunal shall consist of three members, one arbitrator appointed by
the Agency, one designated by the Government of the Republic of Poland and
a third arbitrator, who shall be elected by the first two arbitrators and who shall be
the Chairman. If, within a period of six months from the date of the request for
arbitration, either party has not named its choice, the arbitrator shall, at the request of
either party, be appointed by the President of the International Court of Justice. The
same procedure shall apply if, within six months of the designation or appointment
of the first two arbitrators, the third has not been elected.

12.3 The arbitration Tribunal shall establish its own procedure; its decision shall be final
and binding.


ARTICLE 13

The Appendices to the present Agreement shall form an integral part of the present
Agreement.


ARTICLE 14

14.1 The present Agreement, after signature by the Parties and its approval in
accordance with the legal order of the Republic of Poland, shall enter into force
upon subscription by the Government of the Republic of Poland of the PECS
Charter referred to in Article 7 and detailed in Appendix I, except for the rules
contained in Appendix II A and B which shall be applicable upon signature. This
subscription of the PECS Charter shall be made at the latest one year after the
signature of the present Agreement unless the Parties have agreed another time
limit. In the event the said subscription has not occurred within the above time
limit, the present Agreement shall be null and void.

14.2 Upon its entry into force, the present Agreement shall replace the cooperation
agreement between the Agency and the Government of the Republic of Poland
referred to in the preamble, it being understood that its provisions shall
nevertheless continue to apply to the extent necessary to secure the implementation
of any contracts that have been concluded within the framework of that agreement
and which are still effective on the date on which that agreement ceases to have
effect.


ARTICLE 15

15.1 Unless previously terminated in accordance with the provisions of paragraph 3
below, the present Agreement shall terminate five years after the date of its entry
into force. One year before the expiry of this Agreement, the Parties shall review
the results of its implementation on the basis of the outcome of the yearly reviews
referred to in Article 8 and shall examine ways and means of continuing or further
developing such cooperation. The Parties shall in particular examine the
possibility of the Government of the Republic of Poland being granted the status of
Associate Member or Member State of the Agency.

15.2 In the event of the continuation of the present cooperation, the present Agreement
may be extended by mutual agreement in writing.

15.3 Either party may denounce the Agreement by giving written notice not less than
one year before the intended date of termination which shall correspond to the end
of the calendar year.

15.4 Termination of this Agreement shall not affect the validity of those rights and
obligations of either Party which are meant to survive termination of the
Agreement or its interpretation such as, but not limited to, arbitration,
confidentiality, liability, intellectual property rights, nor of contracts entered into in
pursuance of this Agreement. After the termination of the present Agreement, the
Government of the Republic of Poland shall in particular remain bound to finance
its share of the payment appropriations corresponding to the contract authority
approved under the budget for the current or previous financial years relating to the
PECS.
15.5 The Government of the Republic of Poland and the Agency may amend the
provisions of this Agreement by mutual agreement. Amendments, except for those
made exclusively to the appendices, shall take effect on the date of notification that
both parties have met the necessary internal conditions for the amendments to enter
into force. Amendments made exclusively to the Appendices shall be made in
accordance with the terms of these appendices.