Agreement for the creation of a Conference of

the National Meteorological Services in Europe

EUMETNET

NOTING the strengthening of links within the European Union, the creation of the European Economic Area and the contributions the National Meteorological Services are making to environment management and monitoring of climate evolution, thus contributing to sustainable development,

WISHING to bring to all users of meteorological services in Europe the best available quality of service through the most efficient management of their collective resources,

DESIRING to develop their individual capabilities to fulfil their national responsibilities,

INTENDING to contribute to the safety of life and property as well as to the economic and social well-being in Europe,

RECALLING the success of existing cooperative ventures for meteorology in Europe such as the European Centre for Medium Range Weather Forecast, EUMETSAT, or the European Climate Support Network,

WISHING to optimise their collective contribution to the WMO programmes,

the undersigned agree to the following.

Article 1

Creation

1. The undersigned agree to establish a Conference of the European National Meteorological Services, hereafter called EUMETNET.
2. Initially, participation in EUMETNET is open to the National Meteorological Services of the States listed in Annex 1. Those NMSs participating in EUMETNET are hereafter called the Members. Participation in EUMETNET of NMSs other than those of Annex 1 is decided by EUMETNET according to Article 14.
3. EUMETNET is composed of a Council of Members supported by a Coordination Office.

Article 2

Objectives

1. The objective EUMETNET is to organise a co-operation of its Members, working together as a network, to help them in providing

a) leading expertise on weather, climate, environment and related activities,

b) technical support to the corresponding scientific community,

c) high quality basic data and products.

2. The scope of cooperative activities within EUMETNET extends to areas such as

a) observing systems,

b) data bases,

c) data processing and data communications systems,

d) basic forecasting products,

e) research and development,

f) training,

g) coordination of technical assistance to NMSs of non members,

excluding the provision of services on a commercial basis.

3. To fulfil its objectives EUMETNET shall establish Programmes making use of the expertise and facilities of its Members through an appropriate sharing of tasks and resources.

Article 3

Programmes

1. The EUMETNET Programmes shall comprise Core Programme(s) that are undertaken by and benefit all Members and optional Programmes which are undertaken by a group of Members.
2. The initial list of Core Programme(s) is given in Annex 2.
3. All Programmes will be initiated by a Programme Decision which specifies the objectives, deliverables, budget, and major milestones of the Programme.
4. The decision for the establishment of a Core Programme is taken unanimously.
5. The decision in principle for the establishment of an optional Programme is taken by the Council by simple majority of all its Members, on the basis of a draft Programme Decision.
6. All Members have the right to participate in an optional Programme. Each Member must announce his decision to participate within three months of the decision in principle by the Council to establish the Programme. The participation of at least one third of the Members is necessary for the Programme Decision to become effective. Members having notified their decision to participate and to commit resources to the Programme by the time the Programme Decision becomes effective are called Participating Members for that Programme.
7. Members have the right to become Participating Members during the execution of an Optional Programme. They must provide compensation to the participating Members for the expenses already incurred in the Programme till the date of their entry. The level of compensation will be defined by the Participating Members.
8. Members not having participated in an optional Programme have a right of access to the results or products of the Programme. They must however provide adequate compensation to the Participating Members. The level of compensation will be defined by the Participating Members.
9. For conducting a Programme, the Council will delegate to one Member, the Responsible Member, through a contract, the responsibility for carrying out the Programme according to the Programme Decision.
10. The contract will take the form of a binding agreement, presented in Council, signed by the Responsible and all other Participating Members for that Programme. The Responsible Member may use subcontractors including other Members with the approval of Participating Members. All contracts will be of finite duration not exceeding five years, but may be renewable.

Article 4

Council

1. The Council is composed of one representative for each Member. The representatives may be assisted by advisers.
2. For all matters within the framework of the terms of reference of the Conference a Member may represent one other Member at Council meetings. A written document shall be required for this purpose. The represented Member shall then be considered as present.
3. The Council may set up a Programme Board to fulfil its responsibilities concerning a specific Programme. The Council may create for each Programme a Programme Advisory Committee, acting in advisory capacity to the responsible Member .
4. When considering matters concerning an optional Programme, the Council is composed of the representatives of Members participating in that Programme.
5. Meetings of the Council are valid if at least a majority of the Members are represented. Each Member shall have one vote. In all votes of the Council abstentions are not counted as votes.
6. 6. A Chairman and Vice-chairman are elected by the Council for two years with the possibility of being reelected once.

Article 5

Role of Council

1. The Council is empowered to take all decisions necessary to implement the present agreement.
2. In particular, the Council shall :

 

a) agree on general guidelines that will provide the framework for EUMETNET Programmes ;

b) establish Programmes in accordance with Article 3 ;

c) decide modifications of Programme Decisions as appropriate ;

d) monitor the execution of Programmes ;

e) decide the membership of EUMETNET ;

f) establish co-operations with entities outside EUMETNET ;

g) decide modifications of the present agreement ;

h) decide the working arrangements of EUMETNET.

Article 6

Voting

1. Except in the cases listed in Article 6.2 and 6.3, Council decisions are taken unanimously .
2. By a vote with a two-third majority of Members present and voting not counting the concerned Member, Council may decide the exclusion of a Member according to Article 11.
3. By a vote with a simple majority of Members present and voting, Council

 

a) decides in principle the establishment of an optional Programme,

b) elects the Chairman and Vice-chairman of Council,

c) decides the working arrangements of EUMETNET.

Article 7

Coordination Office

1. The Council shall establish a Coordination Office to support the work of EUMETNET.
2. The EUMETNET Coordination Office shall be established through a Core Programme.

Article 8

Financing

1. The cost of the Core Programmes shall be shared by the Members on the basis of a scale based on the gross national product of their respective countries averaged over the three last calendar years for which statistics exist. The scale is updated every three years.
2. The scale of contributions to optional programmes shall in principle be based on gross national product. However the Participating Members may decide otherwise.
3. The Council shall agree at the time of establishment of each Programme the terms of the contract, the mechanism for collecting and managing financial contributions to the Programme, as well as the destination of any asset purchased during the course of the Programme, and the ownership of any result.
4. The financial contribution to a Programme may be made in cash or in kind in agreement with the other participating Members.

Article 9

Co-operations

1. For the execution of any specific Programme, the Council may decide to establish co-operations with entities outside EUMETNET.
2. Each co-operation agreement shall specify rights and obligations of the Members of EUMETNET and of the co-operating entity in the carrying out of the concerned Programme.

Article 10

Departure of a Member

1. A member may at any time decide to leave EUMETNET. His departure takes effect on the 31 December of the year where he notified his decision.
2. A Member remains liable for his commitments made prior to the notification of his decision to leave, unless agreed differently by the remaining Members acting unanimously.
3. The Programme Decision for any specific Programme may set specific conditions for this Programme relating to the departure of a Member.

Article 11

Exclusion

1. In the event of a Member not meeting its obligations, financial or otherwise, in any Programme, the Council, acting by a two-third majority not counting the concerned Member, may decide the exclusion of that Member.
2. A Member excluded from EUMETNET is liable for his commitments made during the period it was a Member.

Article 12

Arbitration

1. In case of a disagreement persisting between Members or groups of Members, any of the parties may decide, by written notification, the recourse to an arbitration procedure provided the disagreement has not been brought already to an existing jurisdiction.
2. From the date of the notification, each party must choose one judge within two months. The chairman of the Council nominates the judge in case it has not been designated by the corresponding party in due time. Within two months the two judges designate the third one who will act as chairman. If they fail to do so, the chairman of the Council shall designate the third judge.
3. The judges decide by simple majority. They may not abstain. The parties to the dispute are bound by the decision.
4. The costs of the arbitration procedure are born equally by the parties.

Article 13

Entry into force

1. The present agreement enters into force for its signatories once it has been signed by at least eight of the NMSs of the list in Annex 1.
2. After that, it enters into force at the time of signature for each of the successive signatories, except in the cases where governmental ratification is necessary.
3. In case that governmental ratification is necessary for the present agreement by any of the signatories, the agreement will enter provisionally into force for the concerned signatory once it has been signed and until the completion of all the required internal procedures at the national level.
4. The original text of the signed agreement shall be written in english.
5. The EUMETNET Co-ordination Office shall be the depositary of the signed agreement and of any instruments of ratification, acceptance or approval.

Article 14

New Members

1. The Council, acting unanimously may approve requests to join EUMETNET from NMSs of countries not in the list of Annex 1.
2. NMSs joining EUMETNET shall become participants in all Core Programmes. They will not be requested to contribute retroactively to the cost of the Core Programmes unless these have involved substantial investments.
3. The extension of EUMETNET should normally follow the extension of the European Economic Area.

Article 15

Duration

1. This agreement is valid for an indefinite period, but will be reviewed by Council at five yearly intervals.
2. The Council acting unanimously may decide to terminate the agreement. In such circumstances, the Council decides the appropriate arrangements concerning running Programmes and common assets.

Annex 1

List of initial potential participants

The National Meteorological Services of :

 

Austria

Belgium

Denmark

Finland

France

Germany

Greece

Iceland

Ireland

Italy

Netherlands

Norway

Portugal

Spain

Sweden

Switzerland

United Kingdom

EUMETNET Coordination Office