その他令和6年7月5日
グローバル・コンバット・エア・プログラム（GCAP）機関設立に関する協定
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令和6年7月5日
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号外p.10-p.15
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抽出要点
イタリア共和国、日本国及びグレートブリテン及び北アイルランド連合王国間のグローバル・コンバット・エア・プログラム（GCAP）機関の設立に関する協定
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グローバル・コンバット・エア・プログラム（GCAP）機関設立に関する協定
令和6年7月5日|p.10-15
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TABLE OF CONTENTS
PREAMBLE
CHAPTER I
GENERAL PROVISIONS
CHAPTER II
THE STEERING COMMITTEE
CHAPTER III
STATUS, FUNCTIONS AND ACTIVITIES OF THE GCAP AGENCY
CHAPTER IV
THE GCAP AGENCY STRUCTURE
CHAPTER V
FINANCIAL ADMINISTRATION
CHAPTER VI
REPORTS AND AUDITS
CHAPTER VII
PRIVILEGES AND IMMUNITIES
CHAPTER VIII
ACCESSION OF ADDITIONAL PARTIES AND COOPERATION WITH NON-PARTIES
CHAPTER IX
SECURITY
CHAPTER X
LIABILITY AND CLAIMS
CHAPTER XI
SETTLEMENT OF DISPUTES
CHAPTER XII
FINAL PROVISIONS
The Italian Republic,
Japan and
The United Kingdom of Great Britain and Northern Ireland
(hereinafter referred to as “Parties”);
Wishing to improve their mutual defence capabilities through the application of emerging technology;
Desiring to enhance cooperation in the field of combat air systems with the similar strategic goals of delivering vital military/defence capability, supporting national sovereignty and freedom of action, strengthening and sustaining their combat air industrial capability, supporting prosperity of the Parties and contributing to national security and international influence;
Acknowledging that the Global Combat Air Programme (hereinafter referred to as “GCAP”, and defined in Article 1) is the most relevant programme for the combat air sector in their countries for years to come;
Recognising the benefits of cooperation in order to obtain the best cost-efficiency ratio for the development of the capability;
Considering that, to achieve the most efficient coordination between the Parties, it is necessary to create an international organisation with legal personality in order to function effectively as an independent entity and with the legal capacity to place contracts with industrial entities engaged in the GCAP (hereinafter referred to as “Industry”);
Recognising the importance of export possibilities for the economic and political success of their industrial and international cooperation;
Affirming also their readiness to ensure the success of their joint programmes and facilitate industrial partnerships between the Parties; and
Recognising the importance of allowing the movement and sharing of data and physical assets between the Parties and Industry for the effective pursuit of the GCAP’s aims,
have agreed as follows:
CHAPTER I
GENERAL PROVISIONS
ARTICLE 1
(1) To pursue the guidance, direction, control, supervision and management of the GCAP on behalf
of the Parties, the Parties hereby shall establish an international organisation named GCAP
International Government Organisation (hereinafter referred to as "GIGO").
(2) For the purposes of this Convention, GCAP shall mean the programme of work to be delivered
through the GIGO on behalf of the Parties.
ARTICLE 2
The GCAP shall be carried out on a phase-by-phase basis. The detailed mechanism of each phase's
approval and execution shall be described in a further arrangement between the relevant authorities
of the Parties.
ARTICLE 3
(1) The GIGO shall be composed of:
(a) the Steering Committee (hereinafter referred to as the "SC") that shall consist of the Parties;
and
(b) the GCAP Agency (hereinafter referred to as the "Agency") that shall act according to the
guidance, direction, control and supervision of the SC for the benefit of the GCAP.
(2) The GIGO shall have international legal personality and full legal personality, including the
ability to contract, acquire and dispose of movable and immovable properties and to institute
legal proceedings within the jurisdictions of the Parties.
(3) The management of the GCAP and details of its specific areas of activities shall be defined in a
further arrangement between the relevant authorities of the Parties.
ARTICLE 4
The official language of the GIGO shall be English.
ARTICLE 5
The Parties shall support, to the maximum extent possible, in accordance with legal obligations and
regulations, and with due consideration of the direct interests of national security, the import, export
or transfer of all items and information generated within the GCAP between the Parties in all phases.
CHAPTER II
THE STEERING COMMITTEE
ARTICLE 6
(1) The membership of the SC shall consist of representatives of each Party. Each Party shall appoint an equal number of representatives including a Head of Delegation (hereinafter referred to as the "HoD").
(2) The SC shall be chaired by the HoD of a Party according to a rotating mechanism defined in a further arrangement between the relevant authorities of the Parties.
ARTICLE 7
(1) The SC shall have overall responsibility for the guidance, direction, control and supervision of the GIGO, representing the highest governance forum and maintaining oversight of the GIGO.
(2) The responsibilities and decision processes of the SC shall be detailed in a further arrangement between the relevant authorities of the Parties.
(3) The Parties shall, through the SC, ensure that the GIGO operates in accordance with this Convention.
ARTICLE 8
(1) Subject to Articles 52 and 58, the SC may unanimously decide to establish subordinate committees where necessary to support the delivery of its responsibilities.
(2) The membership of the subordinate committees shall consist of representatives of each Party.
CHAPTER III
STATUS, FUNCTIONS AND ACTIVITIES OF THE GCAP AGENCY
ARTICLE 9
The Agency shall assume the management, coordination and execution of all the phases of the GCAP through to disposal under the strategic direction and oversight of the Parties through the SC.
ARTICLE 10
(1) The headquarters of the GIGO shall be located in the United Kingdom of Great Britain and Northern Ireland. In addition to the main headquarters, the GIGO may also have branches in the territory of the Parties to support and facilitate activities of the Agency within the territory of the Parties, including liaison with national authorities where necessary.
(2) The specific locations of the headquarters and branches, as well as any other facilities of the GIGO used for its official purposes within the Host Countries, shall be set out in an arrangement between the Host Country and the GIGO or a prior notification by the GIGO to the Host Country, in accordance with the usual practices of the Host Country, specifying the buildings to be used.
(3) For the purposes of this Convention, "Host Country" shall mean in each case the respective Party in whose territory the relevant headquarters, branches or other facilities referred to in paragraph (2) are located.
ARTICLE 11
Within the scope of its functions, as set out in Article 9, the Agency shall have the necessary ability to implement the GCAP, meeting the requirements of the Parties in terms of capability development, whilst maintaining compliance with all regulatory requirements relevant in each Party.
ARTICLE 12
(1) Within the scope of its functions, as set out in Article 9, the Agency shall fulfil the following tasks and such others which the relevant authorities of the Parties may jointly decide to assign to it through the SC:
(a) overall management of the GCAP under the guidance, direction, control and supervision of the SC;
CHAPTER IV
THE GCAP AGENCY STRUCTURE
(b) coordinating, informing and cohering GCAP technical and programme requirements of the Parties inter alia through the provision of secretariat and administrative support to the SC and any subordinate committees;
(c) placements of the GCAP contracts for all the phases of the GCAP in order to deliver all joint requirements and, where requested, single or dual nation requirements;
(d) definition, prioritisation, decomposition and derivation of technical requirements into contract packages under the requirements set forth by the SC;
(e) examination and resolution of problems concerning the delivery of GCAP technical and programme requirements, reverting to the SC with proposed resolutions of programme requirements that can not be met;
(f) coordination and management for airworthiness and qualification aspects in support of national regulations and requirements;
(g) submission to the SC of an annual budget, both administrative and operational, and longer term financial plans; and
(h) management and support to GCAP exports to be carried out in accordance with laws, regulations and control regime obligations of the Parties and according to applicable international agreements.
(2) A comprehensive description of the tasks of the Agency may be detailed in a further arrangement between the relevant authorities of the Parties.
ARTICLE 13
(1) The GCAP contracts with Industry shall be negotiated, concluded and managed by the Agency on behalf of the GIGO in accordance with the regulations and procedures for procurement detailed in a further arrangement between the relevant authorities of the Parties and in compliance with the pertinent provisions of this Convention, including the security provisions set forth in Chapter IX.
(2) The Agency shall have the responsibility of supervising and monitoring Industry activities in accordance with contract arrangements.
(3) Without prejudice to the general ability of the relevant authorities of the Parties to enter into further arrangements in relation to decision making within the GIGO, the relevant authorities of the Parties may define in a further arrangement the circumstances in which the SC must approve a contract prior to the Agency entering into it.
ARTICLE 14
(1) The Agency shall be led by a Chief Executive (hereinafter referred to as the "CE") elected by the SC.
(2) The CE shall be assisted in its function by Directors leading the main departments of the Agency.
(3) The CE shall be directly responsible to the SC for the operation of the Agency.
(4) The structure of the Agency shall be defined in a further arrangement between the relevant authorities of the Parties.
ARTICLE 15
(1) The CE and the Director posts shall be filled by nationals of different Parties according to a mechanism that shall preserve a balance between the Parties. Such a mechanism, the procedures for the appointment, as well as the recruitment of the Agency Personnel and their terms of office shall be defined in a further arrangement between the relevant authorities of the Parties.
(2) For the purposes of this Convention, "Agency Personnel" shall mean all personnel who have a written arrangement with the Agency to work directly for it. Each Party shall respect the international character of the responsibilities of the Agency Personnel and shall not seek to influence them in the discharge of their duties.
ARTICLE 16
(1) The Agency Personnel shall primarily be composed of government officials drawn from the Parties. However, the Agency shall have the ability to engage (including by employing, hiring, appointing or contracting for work) the nationals of the Parties and, in case specialist competences are required for a time deemed necessary, skilled personnel who might not be nationals of the Parties.
(2) Key positions, as defined by the SC, shall be held by government officials drawn from the Parties.
ARTICLE 17
Positions within the Agency shall be filled by personnel who have the competence needed to enable it to fulfil its mission as efficiently as possible, taking due account of the respective contributions of the Parties.
CHAPTER V
FINANCIAL ADMINISTRATION
ARTICLE 18
The Parties shall contribute to the funding of the GICO.
ARTICLE 19
(1) The SC shall adopt detailed financial rules in accordance with the following provisions:
(a) the cost of the GICO activities, covering both its administrative and operational functions, shall be borne by the Parties, save for any contribution as referred to in paragraph (2);
(b) all GICO funds shall be itemised in the administrative or operational budget of the Agency;
(c) the form, frequency and treatment of the Parties' contributions shall be set out in a further arrangement between the relevant authorities of the Parties; and
(d) The GICO shall comply with internationally accepted standards on accounting.
(2) The procedures relating to how non-Parties may contribute to the GCAP shall be defined in a further arrangement between the relevant authorities of the Parties.
ARTICLE 20
(1) The funds required for the GICO activities shall be the subject of the annual budget containing:
(a) an administrative budget, covering all expenditure required for the day-to-day operation of the Agency for the financial year and longer term financial plans; and
(b) an operational budget, containing financial plans in respect of operations carried out by the Agency in the pursuit of the GCAP objectives for the financial year and longer term financial plans.
(2) The Agency is accountable for creating and submitting the annual budget to the SC in accordance with the financial rules referred to in Article 19.
(3) The Agency shall manage the finance of the GICO activities within the budget set in accordance with Article 19(1)(b).
CHAPTER VI
REPORTS AND AUDITS
ARTICLE 22
(1) Each year, the Agency shall submit to the SC a report on activities performed in the preceding year and a forecast of activities for the coming year. The Agency shall report inter alia on performance against programme targets and objectives that have been set by the SC and on the execution of approved budgets.
(2) The detailed mechanism shall be described in a further arrangement between the relevant authorities of the Parties.
ARTICLE 23
To enable national auditors designated by each Party to discharge their audit functions as regards their national administrations and to report to their parliaments as provided for in their statutes, the Agency shall provide national auditors with and allow them to examine all information and documents held by the Agency which relate to the activities in which their Parties are participating.
ARTICLE 24
The national auditors shall exercise their right to access the Agency insofar as any unnecessary interruption of activities of the Agency is avoided and information relating to other Parties is protected. The national auditors shall, whenever possible, consult together and with the Agency, prior to any access to the Agency headquarters or its branches.
ARTICLE 25
The Parties, alongside the Agency, shall coordinate their actions with the aim of protecting the financial interests of the GIGO against fraud.
ARTICLE 26
The SC may order any audit of the Agency which it considers necessary to improve the functioning of the GIGO and the conduct of the GCAP.
ARTICLE 21
The annual accounts shall be submitted to the audit authorities appointed by the SC according to procedures defined in a further arrangement between the relevant authorities of the Parties. The audit report accompanied by the annual statements shall be submitted to the SC for approval after the end of the financial year according to the procedures detailed in the financial rules referred to in Article 19.
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