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13105 European Organization for the Exploitation of Meteorological Satellites - Agreement on Access to Images and Meteorological Data Distribution Material from the EUMETSAT Geostationary Meteorological Satellites


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13105

 

 

SATELLITES

 

 

 


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

 

Signed at Darmstadt July 19, 2000

 

 

 

 


 

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 Darmstadt July 19, 2000;
Entered into force July 19, 2000.

AGREEMENT
BETWEEN
THE UNITED STATES NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION (NOAA)
AND
THE EUROPEAN ORGANISATION
FOR THE
EXPLOITATION OF METEOROLOGICAL
SATELLITES (EUMETSAT)
ON
ACCESS TO IMAGES AND METEOROLOGICAL DATA
DISTRIBUTION MATERIAL FROM THE EUMETSAT
GEOSTATIONARY METEOROLOGICAL SATELLITES
Preamble
The United States National Oceanic and Atmospheric Administration (hereinafter referred to
as "NOAA"),
and
The European Organisation for the Exploitation of Meteorological Satellites, established by
the Convention opened for signature in Geneva on 24 May 1983 and entered into force on 19
June 1986 (hereinafter referred to as "EUMETSAT"),
RECALLING that NOAA is responsible for the United States National Weather Service
(NWS) and the United States National Environmental Satellite, Data and Information Service
(NESDIS);
RECALLING that NOAA and EUMETSAT have enjoyed long-standing and fruitful
cooperation in the field of Earth observation for meteorological purposes, witnessed by their
cooperation in the development and operation of geostationary meteorological satellites;
RECALLING that NOAA has provided data from the United States geostationary and polar-
orbiting operational meteorological and environmental satellites for use by EUMETSAT and
its Member States for more than thirty years, and that this provision will continue in the
future;
RECALLING that EUMETSAT holds full ownership and all utilisation rights of the
EUMETSAT meteorological satellites and their data;
RECALLING that NOAA and EUMETSAT signed on 20 August 1993, a Cooperation
Agreement on Backup of Operational Geostationary Meteorological Satellite Systems;
RECOGNISING the essential role meteorological and environmental satellite data have in
operational meteorological applications, including global weather forecasting and their
contribution to research;
BEARING IN MIND that the EUMETSAT Council has adopted EUMETSAT Principles on
Data Policy and Implementing Rules in Council Resolution EUM/C/98/Res. IV, as amended
by Resolutions EUM/C/98/Res. XII and EUM/C/98/Res. XIII, and Resolution
EUM/C/98/Res. XI on Access to Meteosat Telecommunication Channels;
RECALLING that NOAA and EUMETSAT signed on 12/20 July 1995 an Agreement on
Access to Images from the EUMETSAT Geostationary Meteorological Satellites, and that
this Agreement is due to expire on 20 July 2000, and
NOTING that NOAA has expressed interest in continuing to receive real-time access to
image data and to be granted access to Meteorological Data Distribution (MDD) material
from the EUMETSAT geostationary meteorological satellites;
HAVE AGREED AS FOLLOWS:
2
Article 1
Purpose
The purpose of this Agreement is to ensure continued access by NOAA to all Image Data and
MDD Material from the EUMETSAT geostationary meteorological satellites while setting
forth terms and conditions for the use and redistribution of these data and material.
Article 2
Scope
This Agreement applies to all EUMETSAT Image Data and MDD Material received directly
from EUMETSAT geostationary meteorological satellites except where such satellites are
providing emergency backup support in accordance with the agreement between NOAA and
EUMETSAT of 20 August 1993.
Article 3
Definitions
1. "EUMETSAT Image Data" means all WEFAX image data which may be received
from the EUMETSAT geostationary meteorological satellites by Secondary Data
User Stations, and all High Resolution Image (HRI) data which may be received from
the EUMETSAT geostationary meteorological satellites by Primary Data User
Stations (PDUS).
2. "MDD Material" means meteorological information and charts disseminated via the
Meteorological Data Distribution (MDD) channels of the EUMETSAT geostationary
meteorological satellites, receivable by MDD user stations.
3. "NOAA Official Duty Use" means use by NOAA itself and/or by its Affiliates in
fulfilment of a public mandate, including research but excluding any commercial
activity.
4. "NOAA Affiliate" means any US Federal, state or local governmental agency, or any
organisation formally associated with these government units in carrying out their
programmes.
5. "Use" means reception and/or processing and/or transformation and/or dissemination
in recognisable form of data covered by this Agreement.
6. The "Territory" shall mean the territory of the United States of America, including its
maritime exclusive economic zone as defined in the Convention on the Law of the
Sea.
3
Article 4
Data Policy
1. All Meteosat WEFAX data and all six hourly HRI data (collected at main synoptic
hours) shall be broadcasted unencrypted and shall be available without fee for any
use.
2. All three hourly HRI data (collected at synoptic hours) shall be available, through
NOAA, without fee for any use within the Territory.
3. The full set of HRI data (collected half hourly) shall be available without fee to
NOAA and its Affiliates for Official Duty Use without territorial restriction.
4. EUMETSAT shall grant non-discriminatory access to EUMETSAT Image Data for
uses and users other than specified above in accordance with its Data Policy.
5. The MDD Material shall be available without fee to NOAA and its Affiliates for
Official Duty Use without territorial restriction.
6. EUMETSAT shall ensure the availability of the required decryption key units at cost.
7. Any EUMETSAT Image Data older than 3 days are not subject to the limitations in
this Article.
Article 5
Fees
The rights set out in Article 4 are granted free of charge in recognition of NOAA's
contributions to the global satellite observing system and in recognition of the meteorological
satellite data provided by NOAA to EUMETSAT and its Member States.
Article 6
Funding
There shall be no exchange of funds between NOAA and EUMETSAT unless otherwise
agreed. Any fmancial obligations of NOAA and EUMETSAT under this Agreement are
subject to the funding procedures of the respective Parties. Any financial obligations of the
Parties are subject to the availability of appropriated funds.
Article 7
Data Ownership and Protection
1. EUMETSAT shall retain ownership of all EUMETSAT Image Data provided under
this Agreement and shall be entitled to protect these data from unauthorised use by
third parties through applicable intellectual property and unfair competition laws.
2. NOAA shall retain the marking "© [year] EUMETSAT" when transmitted as part of
the EUMETSAT Image Data stream.
4
5
3. NOAA shall endeavour to ensure that whenever public use is made of EUMETSAT
Image Data, EUMETSAT shall be mentioned as the source.
4. EUMETSAT holds the full ownership and utilisation rights to the MDD channels of
the EUMETSAT geostationary satellites and has full control over access to these
channels. Ownership and Intellectual Property Rights to the MDD Material shall
remain with the operator providing them to EUMETSAT for transmission.
Article 8
Liability
1. NOAA and EUMETSAT hereby waive any of their claims against each other for any
injury to persons or damage to property arising out of this Agreement.
2. Except as otherwise expressly agreed, EUMETSAT shall have no commitment to the
continuity or availability of any data or information covered by this Agreement or to
the quality or suitability for any purpose of such data or information.
Article 9
Compliance
1. NOAA shall inform its distributees of any limitations contained in Article 4 on their
use and/or redistribution of the EUMETSAT Image Data and the MDD Material.
2. On the request of EUMETSAT, NOAA shall immediately terminate the distribution
of EUMETSAT Image Data and MDD Material to any Affiliate or third party which
violates the use restrictions in Article 4 of this Agreement. If EUMETSAT
independently takes legal action against such third parties, NOAA shall assist
EUMETSAT to the extent possible by providing any supporting documentation in
NOAA's possession.
3. NOAA shall annually submit to EUMETSAT a list of the NOAA Affiliates and third
parties to whom it provides access to EUMETSAT Image Data and MDD Material.
Article 10
Settlement of Disputes
1. Any dispute in the interpretation or implementation of the terms of this Agreement
shall be referred to the Director of EUMETSAT and the Assistant Administrator of
NOAA for settlement.
2. Any dispute that cannot be settled by the Parties may, upon written agreement of the
Parties, be submitted to conciliation, mediation, arbitration or other form of dispute
resolution.
3. In the event that a dispute concerning the continuing use of EUMETSAT Image Data
or MDD Material in violation of the use restrictions of Article 4 of this Agreement
cannot be resolved EUMETSAT shall be entitled to deny NOAA access to any data
provided under this Agreement without further notice.
6
Article 11
Entry into Force, Amendments, Termination, Duration
1. This Agreement shall enter into force upon signature of both Parties and shall remain
in force until the end of operations of the current series of EUMETSAT geostationary
meteorological satellites.
2. The Agreement may be extended or amended by written agreement of the Parties.
3. This Agreement may be terminated by either Party by giving at least 30 day written
notice.
4. Termination of this Agreement shall not affect a Party's continuing obligations under
Articles 7 and 8 unless otherwise agreed by the Parties.
Article 12
Transfer of Agreement
NOAA shall not transfer any rights or obligations under this agreement to a third party either
in whole or in part.
Done in Darmstadt,
on 19 July 2000
for the United States for EUMETSAT
National Oceanic and
Atmospheric Administration
Mr. Gregory W. Withee Dr. Tillmann Mohr
Assistant Administrator for Director
Satellite and Information Services



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