At the close of 2024, we published a two-part series on the processes and people behind the creation of ESA, dealing with the drafting of the ESA Convention and its subsequent signature at the Conference of Plenipotentiaries. This is the final instalment in what has now become a trio of articles mapping the history of the Convention from material in the ESA Archives: today we look at what happened after it was signed fifty years ago this month, on 30 May 1975.
The procedural part – ratification and entry into force
On this day itself, the ten states which were members of the forerunner European space organisations ESRO and ELDO signed the Convention establishing ESA. However, in keeping with international law, the Convention still needed to be ratified by these ten original Member States before it could enter into force. Ratification was the final step in the process of approving the Convention, where Member States indicated their consent to be bound by its provisions.
The mechanism for this was an instrument of ratification or acceptance –a document signed by the relevant government, confirming a date for its entry into force in that country, to be deposited with the French Ministry of Foreign Affairs. In the end, it was not until 1980 that this process was concluded in all ten countries: the ESA Convention entered into force on 30 October 1980, with the deposit of the last instrument of ratification by France.
The 25th ESA Bulletin covered the occasion with an article by the ESA Legal Advisor, Michel Bourély. Formerly ESRO’s Legal Advisor, Bourély had been involved in both the drafting and signing of the Convention, and now outlined the importance of the entry into force, noting that the date of October 1980 “will be recorded in the Agency's annals as the date of its official creation”. His text goes on to elaborate on the consequences for ESA in the securing of its legal position (juridical security) and in the end of ‘de facto’ Convention provisions.
The five-year transitional period
This basis for this ‘de facto’ functioning had been put into effect with a Resolution of the ESRO Council appended to the Final Act of Conference of Plenipotentiaries. As a result, ESRO took the new name of ‘European Space Agency’ from 31 May 1975, allowing the programmes it had established to be continued by ESA, with the new organisation governed by the provisions of the ESRO Convention, while applying those of the ESA Convention wherever there was no conflict.
As Bourély explains, this situation had led to some difficulties, notably for the Council and its delegate bodies, which had to make decisions based on consensus rather than on a binding text. (Council minutes from this period demonstrate that where unanimous approval could not be reached, the only avenue left was the strict application – and the limitations - of the ESRO Convention.) With the entry into force, these complications were superseded and it would be possible to apply the provisions of the ESA Convention which modified those of the ESRO Convention, particularly in the financial sphere.
Towards the end of the ESRO Council resolution (which you can see below) is an intriguing sentence: “the Organisation may revert to pursuing its activities under the name of ESRO, should the said Convention not enter into force within three years of the date when this Resolution takes effect” (on 31 May 1975).
It is clear that this did not actually happen, as ESA continued to exist beyond 31 May 1978, despite the unexpectedly protracted length of this transitional period!
Why is 1975 celebrated?
That leads us to one final consideration, which we touched upon in January when we looked at previous European space anniversaries. Why do we celebrate the signature of the Convention, rather than its entry into force, as the date for the founding of ESA? Particularly when for its forerunners ELDO and ESRO, we take the entry into force (on 29 Feb 1964 and 20 March 1964) as the relevant dates?
While the records don’t give us concrete answers we can speculate on the reasons. 1964 was probably chosen to clearly delineate the ESRO years from the period of COPERS, the preparatory commission (Commission préparatoire européenne de recherches spatiales) responsible for setting up ESRO.
As we have seen above, until 1980 ESA carried out its activities under the rules for ESRO, but with a new name, new logo and under new management. It was no doubt to reinforce this new identity and to establish that activities and projects were henceforth taking place under the banner of ESA, that it was decided to adopt 1975 as its ‘date of birth’.
However, if there was any doubt about the significance of entry into force, Bourély once again clarifies in his article:
“The Convention's ratification in fact marks a major milestone in the space policy of European countries by setting the final seal on the undertakings entered into by the Member States who have signed the Convention.”
An event which we are happy to celebrate alongside the commemorations of 1975 and in tandem with the forthcoming opening of the historical pictures from 1980 next month!
Read more
Dates of deposit of instruments of ratification for each ESA Member State
‘Entry into Force of the ESA Convention’ in ESA Bulletin 25
