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国际搜救卫星COSPAS-SARSAT系统计划协定 THE INTERNATIONAL COSPAS-SARSAT PROGRAMME AGREEMENT

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颁布日期:19880701  实施日期:19880701  颁布单位:巴黎

  THE STATES PARTIES TO THIS AGREEMENT:

  NOTING the successful implementation of the COSPAS-SARSAT Search andRescue Satellite System established under a Memorandum of Understandingamong the Ministry of Merchant Marine of the Union of Soviet SocialistRepublics, the National Oceanic and Atmospheric Administration of theUnited States of America, the Department of National Defence of Canada andthe Centre National d'Etudes Spatiales of France which was signed on 5October 1984 and came into effect on 8 July 1985;

  DESIRING to strengthen the close international cooperation in thishumanitarian endeavour;

  AWARE of the efforts in the International Maritime Organization toestablish a Global Maritime Distress and Safety System, building on theInternational Convention for the Safety of Life at Sea, done at London on1 November 1974, on the Convention and Operating Agreement of theInternational Maritime Satellite Organization (INMARSAT), done at Londonon 3 September 1976, and the International Convention on Maritime Searchand Rescue, done at Hamburg on 27 April 1979, as well as theresponsibilities of the International Civil Aviation Organization and theInternational Telecommunication Union in their respective fields;

  CONVINCED that a worldwide satellite system to provide alert andlocation services for maritime, aviation and terrestrial distress andsafety is important for the efficient operation of search and rescue;

  RECALLING the provisions of the Treaty on Principles Governing theActivities of States in the Exploration and Use of Outer Space, includingthe Moon and Other Celestial Bodies, of 27 January 1967, and othermultilateral agreements regarding the use of outer space to which they areParty;

  RECOGNIZING that it is therefore desirable to operate theCOSPAS-SARSAT system, in accordance with international law, so as toendeavour to provide long term alert and location services in support ofsearch and rescue and access to the System to all States on anon-discriminatory basis, and free of charge for the end-user in distress;

  HAVE AGREED AS FOLLOWS:

  ARTICLE 1 DEFINITIONS

  —— `Party' means a State for which this Agreement has entered intoforce;

  —— `Programme' means those activities carried out by the Parties toprovide, operate and coordinate the COSPAS-SARSAT System, in accordancewith this Agreement;

  —— `Cooperating Agency' means an organization designated by a Party inthe purpose of implementing the Programme;

  —— `System' means the COSPAS-SARSAT System comprising a Space Segment,a Ground Segment and Radiobeacons, all as described in Article 3;

  —— `Ground Segment Provider' means any State which establishes andoperates Ground Segment equipment under the terms of Article 11.2;

  —— `User State' means any State that avails itself of the System underthe terms of Article 12.2 and Article 12.3.

  ARTICLE 2 PURPOSE OF THE AGREEMENT

  In fostering international cooperation for search and rescue, thepurpose of this Agreement is to:

  (a) assure the long term operation of the System;

  (b) provide distress alert and location data from the System tothe international community in support of search and rescue operations ona non-discriminatory basis;

  (c) support, by providing these distress alert and location data,the objectives of the International Maritime Organization and theInternational Civil Aviation Organization, concerning search and rescue;and

  (d) define the means by which the Parties shall coordinate themanagement of the System and cooperate with other national authorities andrelevant international organizations in the operation and coordination ofthe System.

  ARTICLE 3 GENERAL DESCRIPTION OF THE SYSTEM

  3.1 The System comprises:

  (a) a Space Segment made up, under normal operating conditions, ofat least four compatible satellite assemblies each comprising three basicunits:

  (i) a platform moving in low earth polar orbit as a mountingfor the other units,

  (ii) a receiver-processor and memory unit designed to receive,process and store signals received on 406 MHz for retransmission, and

  (iii) a repeater unit relaying radiobeacon signals on 121.5MHz;

  (b) a Ground Segment comprising:

  (i) Local User Terminals established by the Parties and otherStates to receive signals relayed by the satellites and process them todetermine radiobeacon location, and

  (ii) Mission Control Centres established by the Parties andother States to accept the output from the Local User Terminals and conveydistress alert and location data to appropriate authorities;

  (c) radiobeacons, which are designed to be activated in a distressand to transmit a radio signal on frequencies of 406 MHz and/or 121.5 MHz,the characteristics of which comply with appropriate provisions of theInternational Telecommunication Union and COSPAS-SARSAT specifications.

  3.2 The COSPAS-SARSAT Space Segment configuration may be enhanced inaccordance with decisions of the Council established pursuant to Article 7and 8.

  ARTICLE 4 COOPERATING AGENCIES

  4.1 Each Party shall designate a Cooperating Agency which shall beresponsible for the implementation of the Programme.

  4.2 Each Party shall inform the other Parties of its designatedCooperating Agency and of any subsequent changes.

  ARTICLE 5 RESPONSIBILITIES OF PARTIES

  5.1 The Parties shall contribute to the Programme on a long term basisso as to maintain the Space Segment of the System.

  5.2 The contribution of a Party shall be at least one of the basicunits of the Space Segment of the System.

  5.3 Each Party shall determine its contribution to the Space Segmentof the System.

  5.4 The initial contributions of the original Parties to the SpaceSegment, under normal operating conditions, are as follows:

  Union of Soviet Socialist Republics 2 platforms

  2receiver-processor and memory units

  2 repeaterunits

  United States of America 2 platforms

  Republic of France 2receiver-processor and memory units

  Canada 2 repeaterunits

  5.5 In the event of a change to the contribution of a Party, thatParty shall notify the Depositary of the change.

  5.6 A Party providing a satellite platform shall be responsible forits operation. Such operation shall be consistent with any technicalrequirements and the satisfactory performance of the System pursuant toArticle 9 (d)。

  5.7 The Parties shall ensure administrative, operational and technicalcoordination among themselves and between the Parties and other GroundSegment Providers, and shall endeavour to keep User States fully informedregarding the System.

  5.8 The Parties shall endeavour to deliver relevant COSPAS-SARSATalert and location data to appropriate search and rescue authorities andto coordinate System activities with such authorities.

  5.9 Parties shall exchange such information as is necessary to permitthe performance of their respective obligations pursuant to thisAgreement.

  ARTICLE 6 FINANCIAL MATTERS

  6.1 Each Party, in conformity with its domestic funding procedures,and subject to the availability of appropriated funds, shall be fullyresponsible for financing all costs associated with its contribution tothe Space Segment as determined pursuant to Article 5, and the commoncosts arising from the obligations of this Agreement.

  6.2 Common costs associated with the organization, administration andcoordination of the Programme, as agreed in the Council, including thoseincurred in financing the activities of the Council and the Secretariat,shall be shared equally by the Parties.

  6.3 The reception and transmission of distress alert data through theCOSPAS-SARSAT Space Segment shall be provided free of charge to allStates.

  6.4 Non-Party States choosing to participate in activities associatedwith the organization, coordination and administration of the Programmeas referred to in Article 6.2 may be invited to contribute to the commoncosts involved under terms determined by the Council.

  ARTICLE 7 STRUCTURE

  7.1 The following organs shall be established pursuant to thisAgreement:

  (a) the Council; and

  (b) the Secretariat.

  7.2 The Council may eatables subsidiary organs as required for theimplementation of this Agreement.

  ARTICLE 8 THE COUNCIL-COMPOSITION AND PROCEDURES

  8.1 The Council shall be composed of one representative of each of theParties who may be accompanied by deputies and advisers.

  8.2 The Council shall adopt its own rules of procedure.

  8.3 The Council shall meet as often as may be necessary for theefficient discharge of its functions, but not less than once a year.

  8.4 Decisions of the Council shall be taken unanimously.

  8.5 The languages of the Council shall be English, French and Russian.

  ARTICLE 9 FUNCTIONS OF THE COUNCIL

  The Council shall carry out the relevant policies and coordinate theactivities of the Parties. The functions of the Council shall include:

  (a) overseeing the implementation of this Agreement;

  (b) the development of the necessary technical administrative andoperational plans for the implementation of the present Agreement;

  (c) the implementation of those provisions of Article 6 requiringCouncil action;

  (d) the preparation, consideration and adoption of technicalspecifications for the System space and ground facilities andradiobeacons, as well as the adoption of COSPAS-SARSAT technical andoperational documentation;

  (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 concerning such proposed amendment.

  18.3 The amendment shall enter into force sixty days after theDepositary has received notification of acceptance from all the Parties.

  18.4 The Depositary shall promptly notify all the Parties of thereceipt of notifications of acceptance of amendments and of the entry intoforce of amendments.

  ARTICLE 19 DEPOSITARY

  19.1 The Depositaries of this Agreement shall be the Secretary-Generalof the International Civil Aviation Organization and the Secretary-Generalof the International Maritime Organization.

  19.2 The Depositary shall promptly inform all the Parties to thisAgreement of the date of each signature, of the date of deposit of eachinstrument of ratification, acceptance, approval or accession, of the dateof entry into force of this Agreement, and of the receipt of othernotifications.

  19.3 This Agreement shall be registered with the United NationsSecretariat in accordance with Article 102 of the Charter of the UnitedNations.

  ARTICLE 20 ENTRY INTO FORCE AND DURATION

  20.1 This Agreement shall be open for signature by Canada, theRepublic of France, the United States of America and the Union of SovietSocialist Republics. Signature may be made not subject to ratification,acceptance or approval, or may be accompanied by a declaration that it issubject to ratification, acceptance or approval.

  20.2 This Agreement shall enter into force for Canada, the Republic ofFrance, the United States of America and the Union of Soviet SocialistRepublics on the sixtieth day following the date on which these fourStates have either signed the Agreement not subject to ratification,acceptance or approval, or have deposited instruments of ratification,acceptance or approval with the Depositary.

  20.3 Upon entry into force of this Agreement, the Parties shall takethe necessary measures in order to ensure that the Memorandum ofUnderstanding, which was signed 5 October 1984 and came into effect 8 July1985, among the Ministry of Merchant Marine of the Union of SovietSocialist Republics, the National Oceanic and Atmospheric Administrationof the United States of America, the Department of National Defence ofCanada and the Centre National d'Etudes Spatiales of France concerningCooperation in the COSPAS-SARSAT Search and Rescue Satellite System,ceases to be in effect.

  20.4 This Agreement shall remain in force for a period of fifteenyears from the date on which it enters into force and shall be extendedautomatically for successive periods of five years.

  IN WITNESS WHEREOF, the undersigned * have signed this Agreement.

  [* Signature Omitted.]

  DONE AT PARIS this first day of July one thousand nine hundred andeighty-eight, in the English, French and Russian languages, all textsbeing equally authentic, in two originals deposited with theSecretary-General of the International Civil Aviation Organization and theSecretary-General of the International Maritime Organization respectively.Certified copies of the Agreement shall be transmitted by the Depositaryto the Parties.

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