Resolução da Assembleia da República n.º 1/2021

CourtAssembleia da República
ELIhttps://data.dre.pt/eli/resolassrep/1/2021/01/15/p/dre
Published date15 Janeiro 2021

Resolução da Assembleia da República n.º 1/2021

Sumário: Aprova a Convenção para a Criação do Observatório Square Kilometre Array, assinada em Roma em 12 de março de 2019.

Aprova a Convenção para a Criação do Observatório Square Kilometre Array, assinada em Roma em 12 de março de 2019

A Assembleia da República resolve, nos termos da alínea i) do artigo 161.º e do n.º 5 do artigo 166.º da Constituição, aprovar a Convenção para a Criação do Observatório Square Kilometre Array, assinada em Roma em 12 de março de 2019, cujo texto, na versão autenticada em língua inglesa e respetiva tradução em língua portuguesa, se publica em anexo.

Aprovada em 23 de outubro de 2020.

O Presidente da Assembleia da República, Eduardo Ferro Rodrigues.

CONVENTION ESTABLISHING THE SQUARE KILOMETRE ARRAY OBSERVATORY

The Parties to this Convention:

Desiring to deliver one of the most visionary and ambitious science projects of the 21st century involving significant international cooperation;

Committed to testing the limits of engineering and scientific endeavour and to exploring fundamental questions in astronomy and physics;

Noting that the Square Kilometre Array will be a next generation radio telescope facility that has a discovery potential far greater than any previous instrument;

Recognising that the scale and ambition of the Square Kilometre Array demand a global effort with long-term investment;

Embracing the potential for scientific discovery to contribute to advances in technology and innovation and to deliver a broader benefit for industry and society;

Dedicated to realising the full ambition of the Square Kilometre Array Project;

Acknowledging the preparatory work done by the Square Kilometre Array Organisation in the establishment of the Square Kilometre Array Observatory;

Committed to an organisation where diversity and equality are promoted and respected;

have agreed as follows:

Article 1

Definitions

For the purposes of this Convention and its Protocols:

(a) "SKAO" means the Square Kilometre Array Observatory;

(b) "SKA" means the Square Kilometre Array radio telescope facility;

(c) "SKA Project" means the global effort to build, maintain, operate and ultimately decommission the SKA;

(d) "SKA-1" means the initial phase of the SKA Project;

(e) "Headquarters Country" means the State in which the SKAO global headquarters is located;

(f) "Host Country" means a State in which the SKA Project is hosted;

(g) "Member" means a State or an international organisation that is a party to this Convention;

(h) "Associate Member" means a State or an international organisation that is not a party to this Convention and which is admitted to the SKAO in accordance with article 6, paragraph 3;

(i) "Fair Work Return" is identified to have been achieved when the cumulative value of the goods, works and services provided by a Member through the procurement process, broadly reflects the financial contribution committed by that Member;

(j) "Official Activities" means all activities undertaken pursuant to the Convention including the SKAO's administrative activities;

(k) "Staff" means members of staff of, or secondees to, the SKAO; and

(l) "Funding Schedule" means a schedule that prescribes financial contributions, and terms and conditions, of Members and Associate Members for the construction and operation of the SKAO.

Article 2

Establishment and status of the SKAO

1 - The SKAO is hereby established as an international organisation with legal personality. It shall have such capacities as may be necessary for the exercise of its functions and fulfilment of its purposes, including:

(a) To contract;

(b) To acquire and dispose of immovable and movable property; and

(c) To institute and be a party to legal proceedings.

2 - The Headquarters Country shall be the United Kingdom of Great Britain and Northern Ireland, and the global headquarters of the SKAO shall be at Jodrell Bank.

3 - The SKAO shall conclude agreements with the Headquarters Country and Host Countries concerning the hosting of the SKAO and the SKA Project. Such agreements shall be approved by unanimous vote of the Council.

Article 3

Purpose of the SKAO

1 - The purpose of the SKAO shall be to facilitate and promote a global collaboration in radio astronomy with a view to the delivery of transformational science. The first objective of this global collaboration shall be the implementation of the SKA Project.

2 - Subject to a decision by the Council, the SKAO may commence, or contribute to, other projects, beyond the SKA Project, that are related to radio astronomy science, technology and their applications. Participation by Members and Associate Members in such other projects shall be optional.

Article 4

Privileges and immunities

1 - All Members shall grant the privileges and immunities as set out in the Protocol on Privileges and Immunities of the Square Kilometre Array Observatory, which shall be annexed to (annex A), and form an integral part of, this Convention.

2 - All privileges and immunities are provided for the sole purpose of facilitating the official activities of the SKAO and delivery of its objectives.

Article 5

SKA Project

1 - The SKA Project shall be designed to be capable of transformational science, with a combination of sensitivity, angular resolution, and survey speed far surpassing current state-of-the-art instruments at relevant radio frequencies.

2 - The SKA Project shall be delivered in phases, beginning with SKA-1, with the active intent to proceed to subsequent phases.

3 - SKA-1 shall be hosted in Australia and the Republic of South Africa. The components of SKA-1 to be located in each Host Country, and components of the global headquarters of the SKAO to be located in the Headquarters Country, shall be described in a technical document to be approved by unanimous decision of the Council.

4 - Subsequent phases of the SKA Project shall commence following approval by decision of the Council. Participation in the construction of such subsequent phases shall be optional. Financial contributions towards the implementation of a subsequent phase shall be determined in accordance with the Financial Protocol of the Square Kilometre Array Observatory.

Article 6

Membership and other forms of cooperation

1 - The Parties to this Convention shall be the Members of the SKAO. Membership shall be open to States and international organisations.

2 - The Council may decide, by unanimous vote, to admit new Members into the SKAO in accordance with this Convention and on such terms as it determines. When the Convention enters into force for that State or international organisation according to article 19, paragraph 4, it shall become a Member and shall be bound by the terms determined by the Council.

3 - The Council may decide, by unanimous vote, to admit Associate Members to the SKAO on such terms as it determines. Such terms shall ensure that Associate Members do not enjoy benefits equivalent to those of Members. Associate membership shall be open to States and international organisations.

4 - The Council may decide, by unanimous vote, to invite other entities such as States, international organisations, and institutions, to cooperate with the SKAO. The SKAO may enter into agreements and arrangements with them to this effect. These agreements and arrangements require the approval by decision of the Council.

Article 7

Organs

The SKAO shall consist of the Council and a Director-General assisted by staff.

Article 8

Council

1 - The Council shall be the governing body of the SKAO. Each Member shall be represented on the Council by up to two representatives, one of whom shall be the voting representative who shall be authorised to act and vote on its behalf. Representatives may be assisted by advisers.

2 - The Council shall be responsible for the overall strategic and scientific direction of the SKAO, its good governance, and the attainment of its purposes. It shall have all necessary and proper authority to discharge effectively its responsibilities.

3 - In addition to the functions set forth elsewhere in this Convention, the Council shall:

(a) Appoint the Director-General and approve the appointment of other senior staff, as required in accordance with the Staff Regulations;

(b) Approve the policies, rules, and regulations of the SKAO, including with regard to scientific, technical, financial and administrative matters, as well as access to the SKA and its data;

(c) Approve the budget and supervise expenditure and financial activity;

(d) Appoint auditors;

(e) Approve and publish the audited annual accounts;

(f) Approve and publish annual reports; and

(g) Take further measures, as necessary for the functioning of the SKAO.

4 - For any meeting, convened either in person or remotely, and for any decision of the Council a quorum of two-thirds of Members shall be required. Members not eligible to vote shall not be considered part of the quorum.

5 - Each Member shall have one vote in the Council, unless otherwise specified.

6 - Decisions by the Council shall be taken by a vote of a two-thirds majority, unless otherwise specified.

7 - In determining the unanimity or majorities provided for in this Convention or the Financial Protocol of the Square Kilometre Array Observatory, account shall not be taken of a Member which is absent, is not participating in the vote, abstains or has no right to vote.

8 - The choice of the Headquarters Country and each Host Country may be amended, subject to article 15, after a unanimous vote of the Council.

9 - For projects approved in accordance with article 3, paragraph 2, Members shall not have the right to vote unless they have agreed to make a financial contribution.

10 - Subject to the terms of this Convention, the Council shall determine its own Rules of Procedure.

11 - The Council shall elect a Chairperson and Vice-Chairperson for a term of office of two years. The Chairperson and Vice-Chairperson may not be elected more than twice.

12 - The Chairperson shall convene the meetings of the Council in accordance with its Rules of Procedure. The...

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