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12998 European Organization for the Exploitation of Meteorological Satellites - Agreement on an Initial Joint Polar-Orbiting Operational Satellite System


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12998

 

 

SATELLITES

 

 

 


Agreement Between the
UNITED STATES OF AMERICA
and the EUROPEAN ORGANIZATION
FOR THE EXPLOITATION OF
METEOROLOGICAL SATELLITES

 

Signed at Washington November 19, 1998

 

 

 

 


 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

EUROPEAN ORGANIZATION FOR THE
EXPLOITATION OF METEOROLOGICAL
SATELLITES

Satellites


Agreement signed at Washington November 19, 1998;
Entered into force November 19, 1998.
With Annex.

AGREEMENT
BETWEEN
THE UNITED STATES NATIONAL OCEANIC
AND ATMOSPHERIC ADMINISTRATION
AND
TIM EUROPEAN ORGANISATION
FOR THE EXPLOITATION
OF METEOROLOGICAL SATELLITES
ON
AN INITIAL JOINT POLAR-ORBITING
OPERATIONAL SATELLITE SYSTEM
PREAMBLE
The United States National Oceanic and Atmospheric Administration (hereinafter referred to
as "NOAA"), representing the interests of the National Aeronautics and Space
Administration, the Department of Defense, and other interested U.S. Government agencies,
and
The European Organisation for the Exploitation of Meteorological Satellites established by
the Convention opened for signature in Geneva on May 24, 1983 and entered into force on
June 19, 1986, (hereinafter referred to as "EUMETSAT"),
RECALLING that EUMETSAT and NOAA have enjoyed long-standing and fruitful
cooperation in the field of Earth observation, witnessed by their cooperation in the
development and operation of geostationary meteorological satellites,
RECALLING that EUMETSAT is responsible for the European METEOSAT Geostationary
Satellite System and desires to make a contribution to a worldwide polar-orbiting operational
system,
RECALLING that NOAA has launched and operates polar-orbiting operational satellites,
which have unique Earth-observing capabilities, and has provided data from these satellites
for worldwide use for thirty years,
RECOGNIZING the essential role environmental satellite data, particularly imaging and
sounding, have had in global weather forecasting, and the importance of these data to
research on climate change and other sectors of the global Earth observation and science user
communities,
RECOGNIZING specifically the need to maintain continuity of these global environmental
measurements from space-borne instruments in polar orbit,
RECOGNIZING the benefits to the meteorological, scientific, and applications communities
in having rapid access to the data of these missions,
RECOGNIZING the need to promote the effective use of data from space for global climate
change research and environmental monitoring,
NOTING the Agreement for Cooperation concerning the EUMETSAT Polar System and the
ESA METOP-1 Programme between EUMETSAT and ESA and the EUMETSAT/Centre
National d'Etudes Spatiales (CNES) Agreement for ARGOS for METOP-1 and METOP-2,
NOTING the Memorandum of Agreement among the Governments of the U.S., Canada and
France concerning cooperation in a Search and Rescue Satellite System of September 11,
1995, and the Memorandum of Understanding between NOAA and CNES for the ARGOS
Data Collection and Platform Location System of March 26, 1986 as amended for NOAA-N
and NOAA-N',
NOTING the existing commitments of the United States, and several European States, to the
Search and Rescue Program and that Program's long association with the operational polar-
orbiting satellites,
NOTING that the United Kingdom Meteorological Office has contributed the Stratospheric
Sounding Unit for flight on the NOAA polar-orbiting operational satellites since 1978 and
shall provide the Advanced Microwave Sounding Unit-B for flight on NOAA K, L and M
polar-orbiting operational satellites, as agreed to in the Memorandum of Understanding
between NOAA and the Meteorological Office of the United Kingdom Ministry of Defence
of February 14, 1986,
HAVE AGREED AS FOLLOWS:
Article 1
PURPOSE
1.1 This Agreement defines the terms of cooperation between NOAA and EUMETSAT,
jointly referred to as the Parties, relating to an initial Joint Polar System (referred
hereinafter as IJPS or IJP System) comprising two series of Joint Polar-orbiting
Satellites and their respective Ground Segments. The purpose of this cooperation is
to continue and improve the operational meteorological and environmental
forecasting and global climate monitoring services of the Parties and thereby
contribute to the wider objectives of the World Meteorological Organization
(WMO)Giobal Observing System, the Global Climate Observing System, the United
Nations Environmental Programme (UNEP), the Intergovernmental Oceanographic
Commission (IOC), and other related programs. The IJP System addressed in this
Agreement is intended to provide long-term continuity of observations from polar
orbit, furnished by the United States since April 1, 1960.
1.2 Under the terms of this Agreement, NOAA shall provide spacecraft for flight in
afternoon orbit and instruments for both NOAA and EUMETSAT spacecraft. NOAA
shall make available global IJPS data acquired in the United States to EUMETSAT.
EUMETSAT shall make available EUMETSAT spacecraft for flight in mid-morning
orbit and instruments for both EUMETSAT and NOAA spacecraft. EUMETSAT
shall make available global IJPS data acquired in Europe to NOAA.
Article 2
FUTURE COOPERATION
The Parties to this Agreement recognize the benefit to operational meteorological and
environmental forecasting and global climate monitoring services of ensuring continuity
beyond the current initial satellite series.
The Parties shall continue planning to extend the respective satellite series and to continue the
uninterrupted availability of data from the system and generally to improve polar
observations beyond the satellite system described in Article 3.
Article 3
GENERAL SYSTEM DESCRIPTION
The UP System consists of the following major elements: EUMETSAT and NOAA
spacecraft, instrumentation, and ground segments. The spacecraft and instrumentation
together are referred to as the satellite. A general description of these major elements is
provided below.
3.1 SPACECRAFT
The spacecraft covered by this Agreement consists of the following two series of
operational spacecraft that maintain complementary polar orbits with morning and
afternoon equatorial crossing times:
3.1.1 NOAA SERIES
NOAA N and N' to be flown consecutively in an orbit with an afternoon
equatorial crossing time (hereinafter "the NOAA spacecraft").
3.1.2 EUROPEAN SERIES
METOP 1 and METOP 2 to be flown consecutively in an orbit with a mid-
morning equatorial crossing time (hereinafter "the EUMETSAT spacecraft").
3.2 INSTRUMENTATION
The UPS payload consists of two elements: a payload common to both spacecraft and
an additional payload, which is different on both spacecraft.
3.2.1 The common payload instruments to be provided by NOAA for the NOAA
and EUMETSAT spacecraft consists of the:
1) Advanced Very High Resolution Radiometer (AVHRR);
2) High-Resolution Infrared Sounder (HIRS);
3) Advanced Microwave Sounding Unit (AMSU-A);
4) Space Environment Monitor (SEM);
5) Satellite-Aided Search and Rescue instrument (SARSAT).
The additional payload instrument to be provided by NOAA for the NOAA
spacecraft is the Solar Backscatter Ultra Violet monitor (SBUV).
3.2.2 The common payload instrument to be provided by EUMETSAT for the
NOAA and EUMETSAT spacecraft is the Microwave Humidity Sounder
(MHS).
The additional payload instruments to be provided by EUMETSAT for flight
on the EUMETSAT spacecraft consist of the:
3
1) Infrared Atmospheric Sounding Interferometer (IASI);
2) Advanced Scatterometer (ASCAT);
3) Ozone Monitoring Instrument (OMI);
4) Global Positioning System - Sounder (GPS -S)
3.2.3 The Data Collection and Location System (ARGOS), which is a common
payload instrument is provided by NOAA for NOAA-N and NOAA-N' and
provided by EUMETSAT for METOP-1 and METOP-2.
3.2.4 IJPS launches need not necessarily be delayed due to the unavailability of an
instrument payload provided by either Party. Also, the health and safety of a
spacecraft may require actions, such as the deactivation of an instrument or
interruption of data, which may adversely impact the mission of the other
Party. Such interruption of data or deactivation of instruments requires prior
consultation with the other Party if possible and immediate notification of the
other Party in any event. However, the Parties shall make every effort to
maintain the operational continuity of the IJP System.
3.2.5 Other instruments may fly on either of the two series of spacecraft (e.g.
research instruments that may become operational). These instruments will be
part of the IJPS.
3.2.6 NOAA and EUMETSAT will develop a data handling subsystem for their
respective NOAA and EUMETSAT spacecraft, providing continuous and
simultaneous direct broadcast of Automatic Picture Transmission (APT) for
NOAA N and N' or Low Resolution Picture Transmission (LRPT) for METOP
1 and 2, and High Resolution Picture Transmission (HRPT) for NOAA N and
N' or Second Generation HRPT for METOP 1 and 2.
3.3 GROUND SEGMENT
The NOAA Ground Segment for the NOAA spacecraft and the EUMETSAT Ground
Segment for the EUMETSAT spacecraft each include:
3.3.1 At least one Spacecraft Control Center and a geographically separate backup;
3.3.2 At least one Command and Data Acquisition (CDA) ground station and a
geographically separate backup;
3.3.3 At least one Data Processing, Distribution and Archive Facility;
3.3.4 Telecommunication capabilities between the Parties necessary to ensure the
timely and reliable exchange of telemetry/housekeeping and level zero data
from the IJP System.
4
Article 4
NOAA RESPONSIBILITIES
NOAA shall:
4.1 SPACECRAFT
4.1.1 Provide the two NOAA spacecraft described in Article 3.1.1;
4.1.2 Integrate and test the NOAA and EUMETSAT instruments described in
Article 3.2 into the NOAA spacecraft;
4.1.3 After coordinating scheduling and other launch requirements with
EUMETSAT, launch the NOAA spacecraft in time to ensure the uninterrupted
availability of visible/infrared imager and sounder data and other data which
the parties agree is critical. In particular, NOAA shall be prepared to launch
NOAA N' within 120 days of the failure or anticipated failure of NOAA N or
of the visible/infrared imager or sounder carried by NOAA N.
4.1.4 Operate the NOAA spacecraft;
4.2 INSTRUMENTS
4.2.1 Provide the instruments as described in Articles 3.2.1 and 3.2.3 and the data
handling subsystem as described in Article 3.2.6 for the NOAA spacecraft;
4.2.2 Provide the electrical ground support equipment necessary to test the NOAA-
provided instruments when not mounted on the EUMETSAT spacecraft as
well as all mechanical and targeting equipment necessary for integration and
testing;
4.2.3 Operate and monitor the instruments provided by EUMETSAT on the NOAA
spacecraft;
4.3 GROUND SYSTEM
4.3.1 Provide a Spacecraft Control Center with backup, a Command and Data
Acquisition (CDA) station with backup, and a Data Processing, Distribution
and Archive Facility for the NOAA spacecraft as described in Article 3.3;
4.3.2 Integrate EUMETSAT instrument procedures with the overall operating
procedures for the NOAA satellites;
4.3.3 Provide data access facilities for the EUMETSAT spacecraft during orbits that
would otherwise be outside the range of the EUMETSAT CDA station;
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4.4 ANOMALY OR EMERGENCY
Assist EUMETSAT in cases of anomaly or emergency situations.
4.5 DATA EXCHANGE
Make available to EUMETSAT all data collected by the IJP System in a timely
manner in accordance with the provisions of Article 8.
4.6 SOFTWARE
Collaborate with EUMETSAT on development of software to utilize the IJPS data, as
appropriate. Such cooperation by the Parties will include exchange of source and
object code. Broad distribution of the resulting software will be on a not-for-profit
basis. NOAA may collaborate with EUMETSAT on development of other software,
as appropriate, in source and object form, and exchange the resulting software.
Article 5
EUMETSAT RESPONSIBILITIES
EUMETSAT shall:
5.1 SPACECRAFT
5.1.1 Provide the two EUMETSAT spacecraft described in Article 3.1.2;
5.1.2 Integrate and test the EUMETSAT and NOAA instruments described in
Article 3.2 into the EUMETSAT spacecraft;
5.1.3 Launch the EUMETSAT spacecraft after determining the schedule and other
launch requirements in coordination with NOAA with the intention of
ensuring uninterrupted availability of visible/infrared imager and sounder data
and other data the parties agree is critical.
Subject to unforeseen technical contingencies, METOP 2 will be available for
launch within 18 months of the launch of METOP 1.
EUMETSAT shall endeavour to launch METOP 2 within 12 months of the
unavailability of visible/infrared imager and sounder data and other data the
parties agree is critical from METOP 1 except that if such failure occurs within
6 months of the launch of METOP 1, when EUMETSAT shall endeavour to
launch METOP 2 as soon as possible.
5.1 .4 Operate the EUMETSAT spacecraft.
5.2 INSTRUMENTS
5.2.1 Provide the instruments as described in Articles 3.2.2 and 3.2.3 and the data
handling subsystem as described in Article 3.2.6 for the EUMETSAT
spacecraft;
5.2.2 Provide the electrical ground support equipment necessary to test the
EUMETSAT-provided instrument when not mounted on the NOAA
spacecraft, as well as all mechanical and targeting equipment necessary for
integration and testing;
5.2.3 Operate and monitor the instruments provided by NOAA on the EUMETSAT
spacecraft;
5.3 GROUND SYSTEM
5.3.1 Provide a Spacecraft Control Center with backup, a Command and Data
Acquisition (CDA) station with backup, and a Data Processing, Distribution
and Archive Facility for the EUMETSAT satellites as described in Article 3.3;
5.3.2 Integrate NOAA instrument procedures with the overall operating procedures
for the EUMETSAT satellites;
5.3.3 Provide satellite data access facilities for the NOAA spacecraft during orbits
that would otherwise be outside the range of the NOAA CDA station;
5.4 ANOMALY OR EMERGENCY
Assist NOAA in cases of anomaly or emergency situations.
5.5 DATA EXCHANGE
Make available to NOAA all data collected by the UP System in a timely manner in
accordance with the provisions of Article 8.
5.6 SOFTWARE
Collaborate with NOAA on development of software to utilize the IJPS data, as
appropriate. Such cooperation by the Parties will include exchange of source and
object code. Broad distribution of the resulting software will be on a not-for-profit
basis. EUMETSAT may collaborate with NOAA on development of other software,
as appropriate, in source and object form, and exchange the resulting software.
Article 6
FUNDING
6.1 Each Party shall bear the costs of fulfilling its respective responsibilities. There shall
be no exchange of funds between NOAA and EUMETSAT.
6.2 The financial obligations of NOAA and EUMETSAT under this Agreement are
subject to the funding procedures of the respective Parties and to the availability of
appropriated funds. EUMETSAT has approved the overall programme financial
envelope through adoption of the EUMETSAT Polar System Programme, whereas
NOAA must rely on yearly appropriations from the U.S. Congress. Recognizing the
importance of the IJP System to U.S. missions and EUMETSAT's commitment to the
IJP System, NOAA agrees that the funds necessary to meet its obligations under this
Agreement will be included within the highest possible priority of its annual budget
request.
6.3 The cost of transporting equipment required for the execution of this Agreement from
one Party to a first destination of the other Party shall be borne by the Party
dispatching the equipment. The receiving Party shall be responsible for any
subsequent transport or return of the equipment to the Party of original dispatch.
6.4 Costs for telecommunications and related services provided by third parties for the
exchange of data and relay of commands between the Parties if required shall be
borne by the Party receiving the data unless otherwise agreed.
Article 7
RELEASE OF INFORMATION
7.1 EXCHANGE OF TECHNICAL DATA, GOODS AND SOFTWARE
Each Party shall transfer to the other Party those technical data, goods and software
necessary to fulfil the responsibilities of the transferring Party under this Agreement,
subject to the following:
7.1.1 The Parties shall exchange interface, integration, and safety data (excluding
detailed design, manufacturing, and processing data, and associated software)
without restrictions as to use or disclosure.
7.1.2 If a Party transfers technical data or software, other than those specified in
paragraph 1 above, that are proprietary, and for which protection is to be
maintained, that Party shall mark such data or software with a notice
indicating that they shall not be used or disclosed by the receiving Party and
its contractors and subcontractors except for the purposes of fulfilling the
receiving Party's responsibilities under this Agreement, and that the data or
software shall not be disclosed or retransferred to any other entity without
prior written permission of the furnishing Party.
8
7.1.3 If a Party transfers technical data, software and goods that are to be protected
for export control purposes, that Party shall mark with a notice, or otherwise
specifically identify, such technical data, software or goods indicating that
such data shall not be disclosed and that such data, software and goods shall
not be used by the receiving Party and its contractors and subcontractors
except for the purposes of fulfilling the receiving Party's responsibilities under
this Agreement. The notice or identification shall also provide that such data
and software shall not be disclosed, and that such data, software and goods
shall not be retransferred, to any other entity without prior written permission
of the furnishing Party.
7.1.4 The Parties shall abide by the terms of any notice or identification specified in
this Article and to protect the marked or identified data, software and goods
from unauthorized use or disclosure. To this end, each Party shall take all
necessary steps, including ensuring appropriate contractual conditions in their
contracts and subcontracts to ensure that contractors and subcontractors
protect the marked or identified data, software or goods. The Parties are under
no obligation to protect any unmarked or unidentified technical data, software
or goods.
7.1.5 Nothing in this Agreement requires the Parties to transfer technical data,
software and goods contrary to relevant laws relating to export controls.
7.2 RELEASE OF PUBLIC INFORMATION
Each Party may release to the public information of a general, non-technical nature
regarding this Agreement and its implementation after ensuring, through consultation
with the other Party when necessary, that this information is fairly and accurately
represented.
Article 8
DATA POLICY
8.1 The Parties shall make available to each other all data collected by the IJP System
without any conditions as to the Parties' official duty use.
8.2 All data from NOAA satellites will be provided to other users in accordance with the
U.S. data policy.
8.3 All data from EUMETSAT satellites will be provided to other users in accordance
with the EUMETSAT data policy. However, EUMETSAT will not control access to
the data from the NOAA instruments on the EUMETSAT satellites. EUMETSAT
will limit the application of its data policy concerning use of data from such NOAA
instruments to the territories of its Member States.
8.4 Data denial of critical IJPS data for military purposes from instruments identified in
3.2. here above is subject to the Annex hereto. Reciprocal arrangements to those
contained in the procedure in the Annex can be established between NOAA and
EUMETSAT.
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8.5 The policy set out in this Article does not apply to the SARSAT and ARGOS
instruments.
Article 9
MANAGEMENT, COORDINATION AND CONSULTATION
9.1 MANAGEMENT AND CONSULTATION
While the Parties IJP System management structures remain independent, each Party
shall consult as necessary with the other Party on any matters under its control which
may affect the implementation of this Agreement.
9.2 COORDINATION AND IMPLEMENTATION
9.2.1 The Parties shall jointly establish and maintain the necessary documents
associated with the interfaces between the NOAA and EUMETSAT activities.
In particular they shall develop and approve a Programme Implementation
Plan which defines the detailed description of the IJP System and its
operational specification.
The PIP shall set forth:
a) the points-of-contact and management structure;
b) details of instrumentation, spacecraft, and ground segment, launch
coordination, deliverables, and delivery schedules for those equipment
and facilities governed by this Agreement;
c) the services and technical documents to be exchanged by the Parties,
including those pertaining to instrument-spacecraft interfaces,
pre-launch activities, instrument calibration, spacecraft operations,
anomaly resolution, and IJPS data.
In the event of inconsistency between the provisions of the PIP and the
Agreement, the text of the Agreement shall prevail.
9.2.2 Each Party shall nominate a programme manager responsible for the
implementation of its own programme and ensuring close coordination
between the NOAA and EUMETSAT responsibilities. The PIP shall be
implemented and maintained by the Programme managers who shall ensure
that it is consistent with this Agreement.
9.2.3 To facilitate the necessary level of consultation and coordination, a Committee
alternately chaired by the respective programme managers supported by
appropriate representatives from EUMETSAT and NOAA shall review the
implementation of the Agreement.
9.2.4 NOAA and EUMETSAT shall each draw up a six monthly report on the
execution of its tasks and communicate it to the other Party in order to prepare
the Committee meetings which in principle shall also take place every six
months. Apart from these regular meetings, the Parties shall organize joint
meetings whenever matters of mutual interest need to be discussed. Such
meetings shall, if required, include briefings on contracts concluded, with
access to supporting documentation as necessary.
Article 10
LIABILITY
10 1 (a) NOAA and EUMETSAT agree to a cross-waiver of liability pursuant to which
each Party waives all claims against any of the entities or persons listed below
based on injury to persons or damage to property. This cross-waiver shall
apply only if the person, entity or property causing the damage is involved in
activities under this Agreement and the person, entity or property damaged is
damaged by virtue of its involvement in activities under this Agreement. The
cross-waiver shall apply to any claims for damage, whatever the legal basis for
such claims, including but not limited to tort (including negligence of every
degree and kind) and contract, against:
(1) the other Party;
(2) a related entity of the other Party (contractor or subcontractor,
collaborating organization, contractor or subcontractor of a
collaborating organization);
(3) the employees of the other Party or its related entities.
(b) In addition, each Party shall extend the cross-waiver of liability as set forth in
Article 10.1 to its own related entities by requiring them, by contract or
otherwise, to waive all claims against the entities identified in (1) through (3)
above.
(c) For avoidance of doubt, this cross-waiver of liability includes a cross-waiver
of liability arising from the Convention on the International Liability for
Damage Caused by Space Objects of March 29, 1972 (Liability Convention),
where the person, entity or property causing the damage is involved in
activities under this Agreement, and the person, entity or property damaged is
damaged by virtue of its involvement in activities under this Agreement.
(d) Notwithstanding the other provisions of Article 10.2 this cross-waiver of
liability shall not be applicable to:
(1) claims between a Party and its own related entities or between its own
related entities;
(2) claims made by a natural person, his/her estate, survivors, or subrogee
for injury or death of such natural person;
(3) claims for damage caused by willful misconduct;
(4) intellectual property claims.
(e) Nothing in this Article shall be construed to create the basis for a claim or suit
where none would otherwise exist.
10.2 The Parties shall ensure that any agreement for the use of data resulting from this
Agreement expressly provides that neither Party can guarantee the timeliness or
suitability of these data for any purpose, and shall not be liable for any damage which
may result from the defective operation of the IJP System.
10.3 In the event of a claim arising out of the Liability Convention as a result of activities
under this Agreement, the Parties shall consult promptly on any potential liability, on
any apportionment of such liability, and on the defense of such claim.
Article 11
TITLE AND RISK
Title and risk of loss and damage to supplies, defined for the purposes of this Article to
include hardware and software provided under this Agreement is retained by the providing
Party. If a supply is lost or damaged while in the possession of other than the providing
Party, the providing Party, in consultation with the other Party, shall determine whether the
providing Party shall restore the supply, keeping in mind the operational nature of the IJP
System.
Article 12
SETTLEMENT OF DISPUTES
12.1 Any dispute in the interpretation or implementation of the terms of this Agreement
that cannot be resolved by the Program Managers shall be referred to the Director of
EUMETSAT and the NOAA Administrator for settlement.
12.2 Any dispute in the interpretation or implementation of the terms of this Agreement
that cannot be resolved by the Director of EUMETSAT and the NOAA Administrator
may, upon agreement of the Parties, be submitted to conciliation, mediation,
arbitration or other faun of dispute resolution.
Article 13
TAXES AND CUSTOMS
Each Party shall facilitate customs clearance and freedom from import duties, taxes or similar
charges for System-related equipment moving between countries concerned. Further, each
Party shall facilitate the issuance of any necessary visas and permits to staff engaged in the
activities related to this Agreement.
Article 14
ENTRY INTO FORCE, AMENDMENTS, TERMINATION, DURATION
14.1 This Agreement shall enter into force upon signature of both Parties and shall remain
in force until the end of operation of the last spacecraft referred to in this Agreement.
14.2 The Agreement may be extended or amended by written agreement of the Parties.
14.3 In the event of, inter alia, major technical schedule or funding difficulties and if
despite all reasonable efforts the difficulties cannot be resolved, either Party may
terminate the Agreement ensuring, however, that any major disadvantages for the
other Party are considered. If a Party gives notice of termination, the Parties shall
reach agreement as soon as possible concerning the terms and conditions of
termination, with a view toward ensuring the orderly reorganisation or termination of
the UP System.
14.4 Termination of this Agreement shall not affect a Party's continuing obligations under
Articles 7, 8, and 10 unless otherwise agreed by the Parties.
IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this
Agreement.
DONE at k , this 19 th day of November, 1998, in two originals in
the English language .t
FOR THE FOR THE
UNITED STATES NATIONAL EUROPEAN ORGANISATION FOR
OCEANIC AND ATMOSPHERIC THE EXPLOITATION OF
ADMINISTRATION: METEOROLOGICAL SATELLITES:
Administrator Director
13
ANNEX
ANNEX TO EUMETSAT / NOAA COOPERATION AGREEMENT
PROCEDURE AND PROCESS FOR DECISION MAKING
AND IMPLEMENTATION OF DATA DENIAL
ON U.S. INSTRUMENTS
1. U.S. Cabinet-level authority assess whether a crisis or war situation exists, or is
developing, which would require selective denial of critical data from U.S. provided
instruments on METOP-1 and -2 to an adversary.
Such assessment will be based on the following definitions:
Crisis or War
Crisis or war is an international situation involving U.S. and/or Allied operations
which could range across the spectrum of military operations. This spectrum would
include:
a major regional conflict;
- a peacemaking or peacekeeping operation involving U.S. and Allied personnel
and resources;
- a humanitarian operation involving U.S. and Allied personnel and resources;
Or
a show of force operation (such as deploying naval or ground forces to reflect
international disapproval) involving U.S. and Allied personnel and resources.
In all of these situations, a rigorous assessment would be carried out to determine
whether U.S. and Allied personnel and resources could be adversely impacted by an
adversary's access to the data.
Critical Data
Data denial may be applied to data which an adversary might use to support or
enhance military planning and operations. For example, satellite visual, infrared or
microwave imagery and infrared or microwave atmospheric sounding information
have offensive and defensive military applications and are considered critical
environmental data.
Adversary
A state or group of states or a politically unrecognized force within a state or group of
states which pose a distinct threat to the U.S. or its Allies, especially regarding
military operations.
2. Senior NOAA official briefs EUMETSAT Director on the situation and consults with
him on the implementation of data denial.
ANNEX
3. U.S. Cabinet level authority analyzes the situation to determine whether in accordance
with 1. above and the criteria hereunder the data from U.S. instruments should be
denied. U.S. Cabinet level authority makes determination.
Criteria for determination:
Whether a condition of crisis or war exists or is developing and whether the
crisis or war poses an immediate and serious threat to U.S.-Allied national
security objectives such as whether it affects the lives of U.S. or Allied
personnel and resources;
An adversary's ability to receive and exploit environmental data from U.S.
sensors for military purposes;
An adversary's ability to receive and exploit similar environmental data from
other sources for military purposes;
- What advantage the data from the U.S. instruments would provide an
adversary, given that similar data may be available from other sources;
- The impact of denying data to non-adversaries who may also be affected by
data denial;
- The U.S. would consider its international obligations, including those with
EUMETSAT and its members, in making a decision on data denial.
4. Senior NOAA official consults with EUMETSAT Director and conveys to him the
determination of the U.S. Cabinet level authority. Senior NOAA official requests
EUMETSAT Director to implement data denial:
to a specific user;
to a group of users;
to a geographic region; or
- to all users except the National Meteorological Services of both the United
States and the EUMETSAT Member States who will not redistribute the data
except as agreed to by the Parties; and
within a specific time frame.
5. The EUMETSAT Director authorizes the implementation of data denial in accordance
with the criteria and procedure above.
On request of either Party, consultations should take place at any time with a view to
end data denial. Except as provided for in paragraph 6 hereafter data denial will stop
120 days after it starts.
15
ANNEX
6. If the U.S. Cabinet level authority reassesses the situation and determines in
accordance with the above criteria that data denial shall be extended beyond 120 days
or continued in a different form, steps 1 through 5 would apply again.
7. The Parties shall take appropriate measures to protect sensitive information
exchanged under this annex.



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