ETSI-NSO_Agreement

ETSI-NSO Agreement between the European Telecommunications Standards Institute (ETSI) and the National Standards Organization (NSO) {{*NSOName_es_:signer1:string:multiline(3) Estonian Consumer Protection and Technical }} Regulatory Authority  ETSI-NSO Agreement – 8 June 2023 The present ETSI-NSO Agreement (hereafter referred to as “Agreement”) is between: - the European Telecommunications Standards Institute, a not-for-profit organization under the French Law of 1st July 1901, registered under N° 7803/88 and having it office located at 650, Route des Lucioles, 06560 Valbonne, Sophia Antipolis, France, represented by its Director-General Luis Jorge ROMERO- SARO (hereafter referred to as "ETSI"); and Name of the NSO {{*NSOName_es_:signer1:string:multiline(2) Consumer Protection and Technical Regulatory Authority }} Registration number 70003218 {{*NSONumber_es_:signer1:string }} Headquartered at {{*NSOAddress_es_:signer1:string:multiline(4) Tallinn, Endla 10a }} Represented for the purpose of this {{*NSOLegalRepresentative_es_:signer1:string:multiline(2) Kristi Talving }} contract by as {{*NSOLegalRepresentativeTitle_es_:signer1:string Director General }} For Estonia {{*NSOCountry_es_:signer1:string }} (hereafter referred to as "the NSO") Hereafter referred to as "The Parties", or individually as "The Party". Whereas ETSI provides its members with an open and inclusive environment to support the timely development, ratification and testing of globally applicable standards for ICT-enabled systems, applications and services across all sectors of industry and society. ETSI is a not-for-profit organization with members coming from all over the world, drawn from different countries and continents. ETSI members comprise a diversified pool of large and small private companies, research entities, universities, government and public organizations. Estonian Consumer Protection and Technical Regulatory Authority {{*NSOName_es_:signer1:calc([NSOName]) }} is {{*FreeText_es_:signer1:string:multiline(5) National regulatory authority for telecommunications, information society, consumer protection, media, railway, }} construction and technical safety. Authority is acting also as the NSO according to the Law. ETSI is one of the three bodies officially recognized by the European Union as a European Standards Organization (ESO). In compliance with the amended Regulation (EU) No 1025/2012, ETSI and the NSO need to liaise at several specific stages related to European standards and European standardisation deliverables. In order to enable that involvement regardless of the NSOs’ potential status as ETSI member, a specific agreement is required to define the roles and responsibilities of each party for this involvement. The Parties had previously signed the NSO Memorandum of Understanding, defining the formal framework for the participation of the NSO in the ETSI standards making process, in compliance with Regulation (EU) No 1025/2012. Considering the substantial changes introduced by the amending Regulation (EU) No 2022/2480 and consequently, the incidence on the ETSI Directives and on the European Standards making process, the Parties agree that the NSO Memorandum of Understanding requires termination and replacement with a new agreement. Version 1.1 Page 2 of 5  ETSI-NSO Agreement – 8 June 2023 The Parties agree the following: Article 1 Purpose The purpose of the present Agreement is to define a formal framework for the participation of the NSO in the ETSI standards making process under the terms and conditions specified in the ETSI Directives and which form integral part of the present Agreement. Given this, Parties agree and acknowledge that any changes to the parts of the ETSI Directives relevant to the present Agreement will be notified in writing by ETSI to the NSO as soon as the changes are approved by the relevant ETSI decision-making body. The NSO agrees to abide by the latest version of the ETSI Directives as notified by ETSI to the NSO, subject to Article 14 hereafter. The present Agreement terminates and replaces the previous NSO Memorandum of Understanding signed between the Parties. Article 2 Definitions See Annex 1 of the ETSI Rules of Procedure (RoP) and point 5 of Annex A of the ETSI Technical Working Procedures (TWP). Article 3 Elaboration of EN initiated by ETSI members The NSO undertakes to participate in the elaboration of ENs initiated by ETSI members, in accordance with Article 13 of the RoP. Article 4 Acceptance of a Standardisation Request (SReq) Should the NSO qualify as National Standardisation Body (NSB), the NSO undertakes to participate in the acceptance process of an SReq in accordance with Article 20 of the RoP. Article 5 Adoption, revision and stopping of a work item created in response to an SReq (WISR) Should the NSO qualify as NSB, the NSO undertakes to participate in the adoption, revision and stopping of a WISR created in response to an SReq in accordance with Article 20.4 of the RoP and Clauses 1.6.3.2 and 1.6.5.2 of the TWP. Article 6 Elaboration of ENs and European standardisation deliverables in response to an SReq Should the NSO be eligible, the NSO undertakes to participate in the elaboration of ENs and European standardisation deliverables in response to an SReq in accordance with Article 21 of the RoP. Article 7 National Transposition The NSO undertakes to transpose ENs and European standardisation deliverables (as appropriate) in accordance with Clause 2.4 of the TWP. Version 1.1 Page 3 of 5  ETSI-NSO Agreement – 8 June 2023 Article 8 Translation of ENs and European standardisation deliverables The ETSI deliverables shall be adopted and published in English. However, once an EN or a European standardisation deliverable has been adopted and published in English as an official standard, it may be translated into other languages and published equally as an official standard. The translation may only be performed under the responsibility of the NSO in whose country the relevant language has official status. The costs of the translation shall be covered by the interested parties. Article 9 NSO-ETSI meetings ETSI and the NSO will have periodic meetings to manage the co-operation established with the present Agreement. Article 10 Attendance to ETSI General Assembly Under the present agreement, the NSO is entitled to - attend meetings of the ETSI General Assembly, and - access the relevant documents in accordance with Article 12.8 of the ETSI Statutes. Article 11 Liaison officers ETSI and the NSO agree to nominate a liaison officer. Article 12 Copyright ETSI hereby grants to the NSO, without the right to sub-license, a non-exclusive, royalty-free license to make available under an appropriate format draft ENs and European standardisation deliverables via its public commenting application for the limited purposes of the performance of the public enquiry and of the associated vote in the context of the present agreement. For the avoidance of doubt, all ETSI's copyrights, ownership, and rights in the draft ENs and European standardisation deliverables shall remain the sole and exclusive property of ETSI, unless otherwise indicated. Article 13 Personal data The Parties may collect and store personal data in connection with the present Agreement and shall respect the provisions of the General Data Protection Regulation (EU) No 2016/679 without using the personal data received from a Party for any other matter than performing the present Agreement. In case of any other specific restrictions related to the use of personal data, the providing Party shall inform the receiving Party about such restrictions of use. Article 14 Entry into force, duration and termination The present Agreement shall enter into force for an indefinite period, subject to signature by both Parties. The present Agreement may be terminated by either party upon ninety (90) calendar days prior written notice to the other. The termination date of the present Agreement shall be the ninety first (91st) calendar day after reception of the termination notice by the other party. However, the NSO is entitled to terminate the present Agreement upon fifteen (15) calendar days in case of changes to the parts of the ETSI Directives relevant to the present Agreement, prior written notice to ETSI. In such case, the termination notice shall be sent to ETSI within thirty (30) calendar days following the written notification by ETSI of the relevant changes in its Directives. In such a case, the termination date shall be the sixteenth (16th) calendar day after reception of the termination notice by ETSI. Version 1.1 Page 4 of 5  ETSI-NSO Agreement – 8 June 2023 Unless the Parties agree otherwise in writing, the NSO shall complete its ongoing duties with regard to the present Agreement before the termination date. In order to perform those duties, the NSO shall keep the rights granted pursuant to the present Agreement necessary to perform the relevant ongoing procedure until its completion. Article 15 Amendments and waivers Except for the changes to the ETSI Directives as described in Article 1 hereabove, the present Agreement shall not be deemed or construed to be modified, amended or waived, in whole or in part, unless by written agreement of both Parties. Article 16 Assignment Neither party may assign the present Agreement, or any of the related rights, obligations or duties, without the prior written consent of the other Party. Article 17 Independence of the parties The relationship between ETSI and the NSO shall be that of independent signatories, and nothing in the present Agreement shall be construed to constitute either Party as an employee, agent or member of the other Party. Without limiting the foregoing, neither Party shall have authority to act for or to bind the other Party in any way, to make representations or warranties or to execute agreements on behalf of the other Party, or to represent that it is in any way responsible for the acts or omissions of the other Party. Article 18 Applicable law The present Agreement shall be governed by, and construed in accordance with, French law. Any difficulties arising shall be agreed wherever possible between the two organizations at the level of the signatories of the present Agreement. For ETSI For "The Party" Date Aug 28,Date_es_:signer2:date {{ETSI 2023 }} Date Aug 15, {{Sign 2023 Date_es_:signer1:date }} {{ETSISignature_es_:signer2:signature:multiline(5) }} {{Signature_es_:signer1:signature:multiline(5) }} Signature Signature K. Talving K. Talving (Aug 15, 2023 16:27 GMT+3) Name {{Luis Jorge Romero Saro *ETSIName_es_:signer2:fullname }} Name {{K.*SignName_es_:signer1:fullname Talving }} Title {{Director General *ETSITitle_es_:signer2:string }} Title {{Ms *SignTitle_es_:signer1:string }} Business Business email {{[email protected] *ETSIEmail_es_:signer2:email }} email {{[email protected] *SignEmail_es_:signer1:email }} address address Version 1.1 Page 5 of 5 ETSI-NSO_Agreement_V1.1 Final Audit Report 2023-08-28 Created: 2023-08-15 By: ETSI Algorithms and Codes ([email protected]) Status: Signed Transaction ID: CBJCHBCAABAAZgOGBQIrBB9jCRCLOUScFtjAj0fBCcdj "ETSI-NSO_Agreement_V1.1" History Web Form created by ETSI Algorithms and Codes ([email protected]) 2023-06-28 - 15:54:08 GMT Web Form filled in by K. Talving ([email protected]) 2023-08-15 - 13:27:08 GMT- IP address: 195.80.102.58 Email verification link emailed to K. Talving ([email protected]) 2023-08-15 - 13:27:10 GMT Email viewed by K. Talving ([email protected]) 2023-08-15 - 13:27:30 GMT- IP address: 195.80.102.58 E-signature verified by K. Talving ([email protected]) 2023-08-15 - 13:27:33 GMT- IP address: 104.47.2.254 Document emailed to Luis Jorge Romero Saro ([email protected]) for signature 2023-08-15 - 13:27:33 GMT ETSI Algorithms and Codes ([email protected]) added alternative signer [email protected]. The original signer Luis Jorge Romero Saro ([email protected]) can still sign. 2023-08-24 - 14:17:46 GMT- IP address: 212.234.161.1 Document emailed to [email protected] for signature 2023-08-24 - 14:17:46 GMT Document e-signed by Luis Jorge Romero Saro ([email protected]) Signature Date: 2023-08-28 - 09:49:13 GMT - Time Source: server- IP address: 212.234.161.1 Agreement completed. 2023-08-28 - 09:49:13 GMT Saatja: Kristi Talving <[email protected]> Saadetud: 29.08.2023 14:00 Adressaat: TTJA <[email protected]> Koopia: Erko Kulu <[email protected]>; Oliver Gailan <[email protected]> Teema: FW: Completed: 'ETSI-NSO_Agreement_V1.1' Manused: ETSI-NSO_Agreement_V1.1 - signed.pdf Palun registreerida. From: Adobe Sign on behalf of ETSI <[email protected]> Sent: Monday, August 28, 2023 12:49 PM To: ETSI Algorithms and Codes <[email protected]>; Luis Jorge Romero Saro <[email protected]>; Kristi Talving <[email protected]> Subject: Completed: 'ETSI-NSO_Agreement_V1.1' Attached is the final agreement for y our reference. All parties finished ETSI-NSO_Agreement_V1.1 Attached is the final agreement between:  ETSI  K. Talving  Luis Jorge Romero Saro Read it with Acrobat Reader. Need your own documents signed? Adobe Acrobat Sign can help save you time. Learn more. To ensure that you continue receiving our emails, please add [email protected] to your address book or safe list. © 2023 Adobe. All rights reserved.