Eda S General Conditions Applicable to Ad Hoc Test Programmes and Projects for the Mutual

Eda S General Conditions Applicable to Ad Hoc Test Programmes and Projects for the Mutual

EDA DOCUMENTATION FOR GOVERNMENT USE ONLY

THE ANNEX (TA TEMPLATE)

TEST ARRANGEMENT NUMBER (EDA reference number) [……….]

APPLYING THE

General Provisions for application TO AD HOC TEST PROJECTSAND PROGRAMMES FOR THE MUTUAL USE OF GOVERNMENT TEST FACILITIES AND COOPERATIVE TEST AND EVALUATIONWITHIN THE SCOPE OF ARTICLES 20 AND 21 OF THE COUNCIL JOINT ACTION 2004/551/CFSP

BETWEEN

(INSERT NAMES OF CONTRIBUTING MEMBERS) [……….]

IN RESPECT OF

(INSERT TITLE/SHORT DESCRIPTION OF THE TEST PROJECTOR TEST PROGRAMME) [……….]

1

SBDD No. 2008/11 (Annex 2 – Rev)

EDA DOCUMENTATION FOR GOVERNMENT USE ONLY

1.INTRODUCTION

This is a Test Arrangement (TA) between (insert names of Contributing Members) [……….], for a[Test Project] or [Test Programme] concerning (insert title or short description of Test Project or Test Programme) [……….].

The General Provisions for Application to Ad Hoc Test Projectsand Programmes for the Mutual Use of Government Test Facilities and Cooperative Test and Evaluation set out in Annex 2 to the EDA Steering Board decision N° 2008/11 dated 9 April 2008 (General Provisions or GPs) apply to this TA (where applicable) [except as provided otherwise in this TA].

(If applicable) [This TA is made in circumstances in which one or more Contributing Member(s) is/are sponsoring an Industrial Entity and accordingly the provisions of Appendix I apply to this TA.]

2.DEFINITIONS AND ACRONYMS

(Either)

[The definitions and acronyms in the Section I of the GPs apply.]

(Or, insert any additional definitions and glossaries of terms required) [……….]

3.OBJECTIVE

(A short statement of what the TP is intended to achieve) [……….]

  1. SCOPE/DESCRIPTION OF WORK

(A summary of what is to be covered in the TP) [……….]

5.[TEST Project]or[Test PROGRAMME]

(A description of the Test Projector Test Programme which should include Time Schedule, Work Packages, individual Contributing Member responsibilities if applicable, milestones if applicable, expected finish date) [……….]

(Where a Contributing Member sponsors an Industrial Entity to participate in the TP, such details of the TP may be inserted here as are mutually decided by the Host Contributing Member, the Industrial Entity, and the Sponsoring Contributing Member and in such cases the full details of the TP will be solely a matter for separate arrangements between the Host Contributing Member and Industrial Entity).[……….]

6.TEST ITEMS

(A statement of Test Items to be used in the TP, together with any applicable information, e.g. ownership, any special transfer or loan provisions, any special storage or handling provisions, arrangement for return or disposal of the items.) [……….]

7.OWNERSHIP, DISCLOSURE AND USE OF INFORMATION

(Either)

[The ownership of all Test Results produced by the TP will reside with the User.]

(Or, where there is more than one User)

[The ownership of the Test Results produced by the TP as between the Users] [will be as stated below] (or) [will be as decided by the Users at the earliest opportunity after signature of this TA].

(Here state if applicable the intended ownership of the Test Results that has been decided on prior to signing the TA.) [...... ]

(Here also state if applicable any provisions relating to Information that are to apply in place of or by way of variation to the following paragraphs of the GPs: 5.4.3; 5.5.2.1; 5.3.1; 5.7.1; and 5.7.2.) [……….]

(Or, where one or more Contributing Member(s) is/are sponsoring an IE)

[Not applicable.]

8.CLAIMS AND LIABILITIES

(Either)

[Section VI of the GPs will apply without alteration.]

(Or, state any provisions relating to claims and liabilities that are to apply in place of or by way of variation to Section VI of the GPs.) [……….]

9.DUTIES TAXES AND SIMILAR CHARGES

(Either)

[Section VIII of the GPs will apply without alteration.]

(Or, state any provisions relating to duties taxes and similar charges that are to apply in place of or by way of variation to Section VIII of the GPs.) [……….]

  1. LOANS OF EQUIPMENT AND MATERIAL

(Either)

[Not applicable.]

(Or, complete following sub-paragraphs)

[10.1.(Insert name of providing Contributing Member) [……….] (the providing Contributing Member) will loan the following equipment and/or material (Loan Items) to (insert receiving Contributing Member) [……….] (the receiving Contributing Member) for the performance of this TA:

Quantity / Description / Stock No / ApproxValue / Classification of Item

10.2.The period of the loan will be for (insert duration) [……….] commencing on (insert start date) [……….] unless this period is extended by the mutual written consent of the providing Contributing Member and the receiving Contributing Member. The providing Contributing Member will deliver the Loan Items at (insert location of delivery) [……….] and the receiving Contributing Member will take responsibility for the Loan Equipment at the point of delivery.

10.3.The receiving Contributing Member will return the Loan Items to the providing Contributing Member at (insert location) [……….] at the end of the loan period including any extension(s), save for any Loan Item lost, unintentionally destroyed or damaged beyond repair, in respect of which the receiving Contributing Member will issue a certificate of loss/destruction/irreparable damage to the providing Contributing Member. Likewise, if any of the Loan Items were intended to be consumed during the performance of this TA, and were so consumed, the receiving Contributing Member will provide a written notice of its consumption to the providing Contributing Member.]

(Here also state any provisions relating to loans of equipment and material that are to apply in place of or by way of variation to paragraph 9.1 of the GPs.) [……….]

11.SECURITY CLASSIFICATION

The highest level of classification of information under this TA is [……….]

12.FINANCIAL ARRANGEMENTS

(Here set out the financial arrangements that are to apply to the TA.) [……….]

13.BILL PAYING

(Either)

[The TPMG will monitor progress of work in the TP, and will authorise any bills, or certificates or other necessary documents submitted by the Host Contributing Member provided that the tasks and milestones specified in this TA have been met. Each TPMG member will then be responsible for ensuring that appropriate and timely steps are taken to initiate its bill paying process. The period for bill paying will be (here insert the agreed maximum time for payment of bills) [……….] days.

(Or, where the Sponsoring Contributing Member is not taking part in the TP)

[Not applicable]

14.CONTRIBUTING MEMBERS’ REPRESENTATIVES

The names and contact details of the Contributing Members’ TPMG members and Project Officers and of any other authority or entity requiring specific identification in this TA are as set out in [Appendix I] (or where an IE is being sponsored) [Appendix II] to this TA.

15.SPECIAL PROVISIONS

(Either)

[No special provisions required for this TA.]

(Or, insert any additional paragraphs required for the TA) [……….]

16.SIGNATURE

This TA is signed in one copy in the English [and] (insert any other language(s)) [……….] [, each versionbeing equally valid]. The Host Contributing Member will retain the original and circulate certified true copies to the other Contributing Members. This Test Arrangement will come into effect on the date of the last signature below.

APPENDIX I

(For use where an IE is being sponsored, otherwise delete this Appendix)

PROVISIONS APPLICABLE TO INDUSTRIAL ENTITY PARTICIPATION

  1. In this Appendix, the following expressions shall have the following meanings:

Industrial Entity[...... ] (name and address of Industrial Entity)

Sponsoring Contributing Member(s)[...... ] (name of Sponsoring Contributing Member(s))

Host Contributing Member[...... ] (name of Host Contributing Member)

  1. The Sponsoring Contributing Member(s) is/are sponsoring the Industrial Entity to use certain Test Facilities of the Host Contributing Member.
  1. The provisions on which the Industrial Entity will use the Test Facilities of the Host Contributing Member will be the subject of an arrangement between the Host Contributing Member and the Industrial Entity. This arrangement will cover inter alia the management of any tests or trials, the detailed financial arrangements between the Host Contributing Member and the Industrial Entity, including the costs payable for use of any Test Facilities by the Industrial Entity, the provisions for visits, the ownership, disclosure and use of Information, and any other provisions relating thereto.

4.The Sponsoring Contributing Member(s) will incur no financial liabilities whatsoever as a result of that sponsorship.

[APPENDIX I] (or where an IE is being sponsored) [APPENDIX II]

CONTRIBUTING MEMBERS’ REPRESENTATIVES

The name and contact details of each Contributing Member’s TPMG representative are as follows:

(Here set out name and contact details of each TPMG representative as follows:

For the Minister of Defence of [……….] or for the [Contributing Member’s Organisation]

Name [……….]

Address [……….]

Telephone [……….]

Email etc [……….])

The name and contact details of each Contributing Member’s Project Officer are as follows:

(Here set out name and contact details of each Project Officer as follows:

For the Minister of Defence of [……….] or for the [Contributing Member’s Organisation]

Name [……….]

Address [……….]

Telephone [……….]

Email etc [……….])

(Here set out any other authority or entity requiring specific identification in this TA)

[……….]

This TA is signed on behalf of the Contributing Members by an authorised representative, as follows:

(Here insert appropriate signature blocks).

[……….]

1

SBDD No. 2008/11 (Annex 2 – Rev)