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21 DE OUTUBRO DE 1993

8-(3)

%. > 6 — The programmes of EUMETSAT shall include mandatory programmes *in. which all Member States participate and optional programmes with participation by those Member State that agree so to do. 7—"Mandatory programmes are:

a) The^METEÔSÀT Operational Programme . - (MOP) as defined in annex i of the Convention; , -

b) The basic programmes required to continue the provision,of observations from geostationary and polar orbits;

, c) Other programmes as defined as such by the Council. r

8— Optional programmes are programmes within the objectives of EUMETSAT agreed as such by the Council

9 — EUMETSAT may, outside the programmes referred to in paragraphs 6, 7 arid 8 above but not in . conflit with the objectives of EUMETSAT, carry out activities requested by.:the third parties and approved by the Council in accordance with article 5.2, a). The '. cost of such-activities shall be borne by the third party concerned.

Article 3 "•

Article 3 of the Convention is deleted and replaced by the following:

Article 3

Adoption of programmes, and the General Budget

"1 — Mandatory programmes, and the General .Budget are established through the adoption of a Programme Resolution by the Council.in accordance ; with article 5.2, a), to wich a detailed Programme Definition, containing all necessary programmatic, technical, financial,, contractual, legal and other elements is attached.

2 — Optional programmes are established through the adoption "of a 'Programme Declaration by the Member States interested in accordance with article 5.3, a), to which a detailed Programme Definition, containing all necessary programmatic, technical, financial,, contractual, legal andyother elements is attached. Any optional programme shall.fall within the objectives of EUMETSAT and be ii\ accordance; with the general framework of the Convention; and the rules agreed by_ the Council for its. application.-, The Programme Declaration shall be approved by the Council in an Enabling Resolution in accordance with article -5.2, ¿0. «0-

Any Member State shall have the opportunity to participate in the preparation of~a draft Programme Declaration and may become'a Participating State of the optional programme within the.time.frame set out in the Programme Declaration, I ,

Optional programmes take effect once at least one third of all EUMETSAT Member States have declared their participation by signing the Declaration within the time frame set out and the subscriptions pf these Participating States, have.reached-90% of the total financial envelope. ... . ...

• ."I- Article 4 '{

Article 4 of the, Convention is amended as follows:

In paragraph't the words «delegate of his country's meteorological service* are replaced by «delegate ■ of the country's national meteorological service»; In paragraph 4 the words «objectives of EUMETSAT» : ' are replaced by «objectives and programmes of EUMETSAT».

•' • '-' ' .' ' Article 5

Article 5 of the Convention is amended as follows:

Paragraph 2 is-treplaced by the following; A new paragraph 3 is inserted; Paragraphs 3 and 4 become paragraphs 4 and 5 and are amended. " >i\

r- 2'— The Council shall in.particular be empowered:

a) By a unanimous vote of all the Member States:

0 To decide on the accession of States v ., . referred to in article 16 and on the

terms and conditions( governing such accession;

''-j'O'To decide on the adoption of ' .' mandatory programmes and General ' Budget as' referred to in article 3.1; Hi) To decide on the ceiling of . contributions for the General Budget for a period of five years one year before, the end of the period or to • revise such a ceiling; .'. N J , iv) To decide on any measures of financing programmes, e. g. through - ... loans;

v) To authorise any transfer from a . ^ _ budget of a mandatory programme

to another mandatory programme; .- . " , v») To decide on any amendment of an

.-. . approved Programme Resolution and - Programme Definition as referred, to in article 3.1; ■r . •: vii) To approve the conclusion of Cooperation Agreements with Non-.:<~. Member States;

W/7)To decide to dissolve or not to dissolve EUMETSAT in conformity with article 20; ' •

ix) To amend the annexes to this , Convention; ,

x) To approve cost overruns of more than 10 % thereby increasing the original financial envelope or ceiling of mandatory programmes (except

. • • ., for MOP); .; •:.-' ro'xi) To decide on activities to be carried : . ... ; out on behalf of third parties;

t: b).