4 OCTOBER 2002. - An Act to Accredit the Convention to Establish the European Telecommunication Organization by Satellite "EUTELSAT", as amended by the Assembly of the Parties to Cardiff on 20 May 1999 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention establishing the European Telecommunication Organization by Satellite "EUTELSAT", as amended by the Assembly of the Parties in Cardiff, on 20 May 1999, will come out its full and full effect.
Given in Brussels, 4 October 2002.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Telecommunications,
R. DAEMS
____
Note
(1) Session 2001-2002
Senate
Documents. - Bill tabled on 26 April 2002, No. 2-1115/1.
Report on behalf of the Commission, 2-1115/2
Annales parliamentarians. - Discussion, session of 10/07/2002. - Vote, meeting of 10/07/2002.
Session 2001-2002
Room
Documents. - Project transmitted by the Senate, No. 50-1923/1.
Text adopted in plenary and subject to Royal Assent, No. 50-1923/2.
Annales parliamentarians. - Discussion, session of 20/07/2002. - Vote, meeting of 20/07/2002.
Convention establishing the European Telecommunications Organisation by Satellite "EUTELSAT"
PREAMBULE
States Parties to this Convention,
Emphasizing the importance of satellite telecommunications for the development of relations between their peoples and their economies, as well as their willingness to strengthen their cooperation in this field,
Taking note of the fact that the Provisional European Satellite Telecommunications Organisation "INTIMARY EUTELSAT" was created to operate space sectors of European satellite telecommunications systems,
Considering the relevant provisions of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, done in London, Moscow and Washington on 27 January 1967,
Desiring to continue the establishment and operation of the EUTELSAT satellite telecommunication system within the framework of a trans-European telecommunications network, in order to provide telecommunications services to all participating States, without prejudice to the rights and obligations of States that are parties to the relevant EU and international agreements,
Acknowledging the need to monitor and adapt to the technical, economic, regulatory and political developments in Europe and the world as necessary, and in particular the desire to transfer EUTELSAT's operational activities and related assets to an anonymous company under a national jurisdiction, this company being managed on a sound economic and financial basis, in accordance with the agreed trade principles and the Agreement,
The following agreed:
ARTICLE I^er
(Definitions)
For the purposes of this Convention:
(a) the term "Convention" means the Convention establishing the European Satellite Telecommunications Organisation "EUTELSAT", including its preamble and annexes, open for signature by the Governments in Paris, on 15 July 1982, as subsequently amended;
(b) the term "Preliminary Agreement" means the Agreement on the Establishment of a Provisional European Satellite Telecommunications Organisation "EUTELSAT INTERIMAIRE", concluded in Paris on 13 May 1977 between Reputable Private Administrations or Operations, and deposited with the French Administration;
(c) the term "ECS Agreement" means the Additional Agreement to the Interim Agreement on the Space Sector of the Fixed Service Satellite Telecommunications System (ECS), made in Paris on 10 March 1978;
(d) the term "Party" means a State in respect of which the Convention has entered into force or is applied provisionally;
e) the term "Director General of EUTELSAT" means the head of the executive organ of EUTELSAT;
(f) the term "EUTELSAT Executive Secretary" means the head of the EUTELSAT Secretariat;
(g) the term "Euttelsat S.A. Corporation" means a corporation governed by the laws of one of the Parties; it will be initially established in France;
(h) the term "space sector" means a set of telecommunications satellites as well as tracking, telemetry, remote control, monitoring, monitoring and other associated equipment necessary for the operation of these satellites;
(i) the term "satellite system" means the set consisting of a space sector and Earth stations having access to that space sector;
(j) the term "communication" means any transmission, transmission or receipt of signs, signals, writings, images, sounds or information of any kind, by wire, radio, optical or other electromagnetic systems;
(k) the term "Basic Principles" means the principles referred to in Article III (a) of the Convention;
(l) the term "Agreement" means the Arrangement between EUTELSAT and the Eutelsat S.A. Corporation to define the relations between EUTELSAT and the Eutelsat S.A. Corporation and their respective obligations, including providing a framework for EUTELSAT to ensure the supervision and compliance by the Eutelsat S.A. Corporation with the Basic Principles.
ARTICLE II
(Creation of EUTELSAT and the Eutelsat Society S.A.)
(a) By this Convention, the Parties shall establish the European Satellite Telecommunications Organisation, as referred to in EUTELSAT.
(b) (i) The Eutelsat S.A. Corporation is established to operate a satellite system and provide satellite services and, to this end, the assets and operational activities of UETELSAT are transferred to the Eutelsat S.A. Corporation;
(ii) Eutelsat S.A. Corporation is governed by its constituent instruments and the laws of the country of its constitution;
(iii) any Party in the territory of which the seat of the Eutelsat S.A. Corporation is established or on which assets are located and/or operated shall take, in accordance with the arrangements to be concluded between the Party and the Eutelsat S.A. Corporation, the necessary measures to facilitate the establishment and operation of the Eutelsat S.A. Corporation.
(c) The relations between EUTELSAT and Eutelsat S.A. are defined in the Arrangement.
(d) The relevant provisions of Annex A to the Convention are intended to ensure continuity between the activities of EUTELSAT and those of the Eutelsat S.A. Corporation.
ARTICLE III
(But of EUTELSAT)
(a) The main purpose of EUTELSAT is to ensure that the Eutelsat S.A. Corporation complies with the Basic Principles set out in this article:
(i) public service/universal service obligations: these obligations apply to the space sector and its use to provide services connected to the public switched telephone network; with respect to audiovisual services and future services, they will be offered in accordance with national regulations and relevant international agreements, in particular with the provisions of the European Convention on Transboundary Television and taking into account those applicable to the concept of universal service and the information society;
(ii) Pan-European coverage of the satellite system: thanks to the pan-European coverage of its satellite system, the Eutelsat S.A. Corporation strives to serve, on an economic basis, all areas where there is a need for communications services in the Member States;
(iii) non-discrimination: services are provided to users on an equitable basis, subject to trade flexibility and compliance with existing legislation;
(iv) Fair competition: Eutelsat S.A. complies with all existing competition laws and regulations.
(b) EUTELSAT also aims to ensure continuity in international rights and obligations arising from the operation of the space sector of EUTELSAT transferred to the Eutelsat S.A. Corporation, in particular under the Radiocommunication Regulations with respect to the use of frequencies.
ARTICLE IV
(Legal Relations)
(a) EUTELSAT has the legal personality.
(b) EUTELSAT has the full capacity to perform its functions and achieve its objectives, including:
(i) contracting;
(ii) acquire, lease, hold and dispose of furniture and buildings;
(iii) Justice;
(iv) conclude agreements with States or international organizations.
ARTICLE V
(Costs)
(a) Arrangements are made between EUTELSAT and Eutelsat S.A. to cover the costs and expenses of EUTELSAT, in accordance with the Arrangement.
(b) The costs associated with the establishment and operation of the Secretariat, including, but not limited to, the costs of renting and maintaining its premises, the salaries and emoluments of its staff, the costs of organizing and holding meetings of the Assembly of the Parties, the costs of consultation between EUTELSAT and Parties and other organizations and the costs associated with the application of the measures taken by EUTELSAT under the terms of
ARTICLE VI
(Structure of EUTELSAT)
(a) EUTELSAT includes:
(i) the Assembly of the Parties;
(ii) the Secretariat, headed by the Executive Secretary.
(b) Each body shall act within the limits of the powers conferred upon it by the Convention.
ARTICLE VII
(Meetings and meetings)
(a) The Assembly of the Parties shall be composed of all Parties.
(b) A Party may appoint another Party to represent it at a meeting of the Assembly of the Parties, but no Party may represent more than two other Parties.
(c) The first ordinary meeting of the Assembly of the Parties shall be convened within one year after the date of entry into force of the Convention. Regular meetings will be held every two years, unless the Assembly of the Parties at an ordinary meeting decides that the next ordinary meeting will be held at a different timeframe.
(d) The Assembly of the Parties may also hold extraordinary meetings at the request of one or more Parties, subject to the acceptance of at least one third of the Parties or at the request of the Eutelsat S.A. Any request for an extraordinary meeting must be motivated.
(e) Each Party shall cover its own cost of representation at meetings of the Assembly of the Parties.
ARTICLE VIII
(Member of the Parties Procedure)
(a) Each Party shall have a vote in the Assembly of the Parties. Parties that abstain during a vote are considered to have not voted.
(b) Decisions on substantive matters shall be taken by an affirmative vote issued by at least two thirds of the Parties present or represented and voting. A Party that represents one or two other Parties, pursuant to Article VII (b) of the Convention, may vote separately for each Party it represents.
(c) Decisions on procedural matters shall be taken by an affirmative vote issued by a single majority of the Parties present and voting, each with one vote.
(d) For any meeting of the Assembly of the Parties, the quorum shall be composed by representatives of the simple majority of all Parties, provided that at least one third of all Parties are present.
(e) The Assembly of the Parties shall adopt its own rules of procedure, which shall be in accordance with the provisions of the Convention, including:
(i) the mode of election of the President and other officers;
(ii) the procedure for convening its meetings;
(iii) provisions relating to representation and accreditation;
(iv) voting procedures.
ARTICLE IX
(Meeting of Parties)
The Assembly of the Parties shall exercise the following functions:
(a) it examines the activities of the Eutelsat S.A. Corporation in relation to the Basic Principles. The Eutelsat S.A. Corporation may make recommendations in this regard that will be taken into account by the Assembly of the Parties;
(b) ensures compliance with the Basic Principles by the Eutelsat S.A. Corporation in accordance with the Arrangement;
(c) it decides on the proposed changes to the Arrangement, subject to agreement between the parties to the Arrangement;
(d) it shall make the necessary decisions to ensure continuity in respect of international rights and obligations arising from the operation of the space sector of EUTELSAT transferred to the Eutelsat S.A. Corporation, in particular under the Radiocommunication Regulations with respect to the use of frequencies;
(e) it shall decide on matters relating to official relations between EUTELSAT and States, whether they are Parties or not, or international organizations and, in particular, negotiate the Headquarters Agreement referred to in Article XII (c) of the Convention;
(f) it shall decide on any proposal to terminate the Convention under the provisions of Article XIV (c);
(g) it reviews claims submitted by Parties;
(h) it adopts, under the provisions of Article XIII of the Convention, decisions concerning the withdrawal of a Party of EUTELSAT;
(i) it shall decide on any proposed amendments to the Convention, in accordance with the provisions of Article XIV of the Convention, and shall submit to the Eutelsat S.A. Corporation any proposed amendments that may affect the conduct of its activities;
(j) it shall decide on any application for accession submitted in accordance with the provisions of Article XVIII(e) of the Convention;
(k) under Article X of the Convention, it shall appoint the Executive Secretary and may revoke it and, on the recommendation of the Executive Secretary, it shall determine the staffing, status and conditions of employment of all Secretariat staff, with due regard to the Arrangement;
(l) a senior official of the Secretariat, acting as Acting Executive Secretary, where the Executive Secretary is absent or prevented from performing his or her functions, or where the post of Executive Secretary is vacant;
(m) adopts an annual or biennial budget;
n) it approves the changes in the location of the Eutelsat S.A. Corporation in accordance with the provisions of the Arrangement.
ARTICLE X
(Secretariat)
(a) The Secretariat is headed by the Executive Secretary appointed by the Assembly of the Parties.
(b) The term of office of the Executive Secretary shall be four years unless the Assembly of the Parties decides otherwise.
(c) The Assembly of the Parties may revoke the Executive Secretary by reason of decision before the end of its mandate.
(d) The Executive Secretary is the legal representative of EUTELSAT. It acts under the authority of the Assembly of the Parties and is directly responsible to the Assembly for the performance of all functions entrusted to the Secretariat.
(e) The Executive Secretary has the authority to appoint all Secretariat staff, subject to the approval of the Assembly, in accordance with the provisions of Article IX (k).
(f) In the event of the vacancy of the Executive Secretary, or where the Executive Secretary is absent or prevented from performing his functions, the Acting Executive Secretary, duly designated by the Assembly of the Parties, shall have the powers conferred on the Executive Secretary by the Convention.
(g) The Executive Secretary and Secretariat staff refrain from any act incompatible with their responsibilities within EUTELSAT.
ARTICLE XI
(Rights and obligations)
(a) Parties shall assume their rights and obligations under the Convention so as to fully respect and promote the principles and provisions of the Convention.
(b) All Parties may participate in all conferences and meetings to which they are entitled to be represented, in accordance with the provisions of the Convention, as well as any other meeting organized by EUTELSAT or held under its auspices, in accordance with EUTELSAT arrangements for such meetings, regardless of where they are held.
(c) Before any conference or meeting held outside the State of the headquarters of EUTELSAT, the Executive Secretary shall ensure that the provisions agreed with the Party hosting the said conference or meeting have a clause relating to the admission and stay in the State where the conference or meeting is held, for the duration of the conference, representatives of all Parties entitled to attend.
ARTICLE XII
(EUTELSAT Headquarters, privileges, exemptions and immunities)
(a) The headquarters of EUTELSAT is located in France.
(b) As part of the activities authorized by the Convention, EUTELSAT and its assets are exempted, in the territory of all Parties, from any income tax and direct tax on property and all customs duties.
(c) Each Party, in accordance with the Protocol referred to in this paragraph, shall grant the privileges, exemptions and immunities necessary to EUTELSAT, its officials and other categories of its personnel specified in the Protocol, the Parties and their representatives, and the persons participating in the arbitration proceedings. In particular, each Party shall grant to such persons, within and in cases to be provided for in the Protocol referred to in this paragraph, the immunity of jurisdiction for the acts performed, the writings or statements held in the performance of their functions and within the limits of their powers. The Party in the territory of which the seat of EUTELSAT is located shall negotiate, as soon as possible, or, where appropriate, renegotiate a Headquarters Agreement with EUTELSAT on privileges, exemptions and immunities. Other Parties shall also, as soon as possible, enter into a Protocol on Privileges, Exemptions and Immunities. The Headquarters Agreement and the Protocol shall each provide for the conditions under which they are terminated and are independent of the Convention.
ARTICLE XIII
(Retirement)
(a) Any Party may at any time withdraw voluntarily from EUTELSAT by notifying it in writing to the Depositary, as defined in Article XXI. The withdrawal takes effect three months after the date of receipt of the notification by the Depositary.
(b) If a Party appears to have breached any of its obligations under the Convention, the Assembly of the Parties, having been seized or acting on its own initiative, and having considered any comments made by that Party, may decide, if it finds that there has been a breach of an obligation, that the Party is deemed to have withdrawn from EUTELSAT. From the date of such a decision, the Convention ceases to be in force with respect to the Party concerned. The Assembly of the Parties may be convened in special session for this purpose.
(c) The Party that has withdrawn or is deemed to have withdrawn from EUTELSAT shall cease to have any right of representation in the Assembly of the Parties and shall not assume any obligation or liability after the effective date of withdrawal, subject to any obligations arising out of acts or omissions that have preceded that date.
(d) Any notification of withdrawal or exclusion shall be communicated immediately by the Depositary to all Parties.
ARTICLE XIV
(Amendments and extinction)
(a) Any Party may propose amendments to the Convention. The amendment proposals shall be forwarded to the Executive Secretary, who shall circulate the text as soon as possible to all Parties. The Assembly of the Parties shall consider the amendment proposal only after a period of not less than six months from the date of its circulation, with due regard to any recommendation made by the Eutelsat S.A. Corporation whose notice is sought when the amendment proposal to the Convention is likely to affect the conduct of its activities. The Assembly of the Parties may, in a particular case, reduce this period by a decision taken in accordance with the procedure for substantive matters.
(b) If adopted by the Assembly of the Parties, the amendment shall enter into force one hundred and twenty days after receipt by the Depositary of the notification of acceptance of the amendment by two thirds of the States that, on the date of its adoption by the Assembly of the Parties, were Parties. When it comes into force, the amendment becomes mandatory for all Parties.
(c) Parties may dissolve EUTELSAT by ending the Convention by a two-thirds majority vote of all Parties.
(d) The termination of the Convention does not question the existence of the Eutelsat S.A. Corporation.
(e) Unless otherwise agreed with the Eutelsat S.A. Corporation, no decision to dissolve EUTELSAT pursuant to paragraph (c) of this article shall be taken, until the international rights and obligations referred to in paragraph (b) of Article III are fully extinguished.
ARTICLE XV
(Dispute rules)
(a) Any dispute between the Parties or between EUTELSAT and one or more Parties, relating to the interpretation or application of the Convention, shall be subject to arbitration in accordance with the provisions of Annex B of the Convention, if it could not be resolved otherwise within one year from the date on which a party to the dispute notified the other party of its intention to settle the dispute amicably.
(b) Any dispute relating to the interpretation and application of the Convention, which arises between a Party and a State that has ceased to be a Party, or between EUTELSAT and a State that has ceased to be a Party, after that State has ceased to be a Party, shall be subject to arbitration in accordance with the provisions of Annex B of the Convention, if it has been unable to be resolved otherwise within the period of one year from the date If a State ceases to be a Party after the arbitration of a dispute in which it participates in accordance with paragraph (a) of this article, the arbitral proceedings shall continue until the conclusion of the dispute.
ARTICLE XVI
(Signature Reserves)
(a) Any State whose telecommunications administration or recognized private exploration is, or has the right to become, Signatory Party of the Interim Agreement may become a Party to the Convention by:
(i) signature without reservation of ratification, acceptance or approval, or
(ii) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval, or
(iii) accession.
(b) The Convention is open for signature in Paris from 15 July 1982 until the date of its entry into force; it then remains open to membership.
(c) No reservation may be made to the Convention.
ARTICLE XVII
(In force)
(a) The Convention shall enter into force sixty days after the date on which two thirds of the States which, at the date of opening to the signature of the Convention, have jurisdiction over the Signatories of the Interim Agreement, have signed it, in accordance with paragraph (i) of Article XVI (a) of the Convention, or ratified, accepted or approved, provided that these Signatories, or Signatories designated by them for the purposes of the Agreement shall not less
(b) The Convention shall not enter into force less than eight months after the date on which it was opened for signature. It shall not enter into force if it has been unable to be the subject of the signatures, ratifications, acceptances or approvals required by the provisions of paragraph (a) of this Article within thirty-six months from the date of its opening to signature.
(c) When an instrument of ratification, acceptance, approval or accession is deposited by a State after the date of entry into force of the Convention, the State shall enter into force with respect to that State on the date of deposit of its instrument.
(d) Upon its entry into force, the Convention shall be provisionally applied in respect of any State that has signed it subject to ratification, acceptance or approval and has made the application at the time of signature or at any time before the entry into force. The provisional application ceases:
(i) at the time of deposit of an instrument of ratification, acceptance or approval by that State,
(ii) at the expiry of the two-year period following the date of entry into force of the Convention, if it has not been ratified, accepted or approved by that State,
(iii) be notified by that State, before the expiry of the period referred to in paragraph (ii) of this paragraph, of its decision not to ratify, accept or approve the Convention.
If the provisional application ceases under paragraph (ii) or paragraph (iii) of this paragraph, the provisions of Article XIII (c) of the Convention shall govern the rights and obligations of the Party.
(e) When it comes into force, the Convention replaces and terminates the Interim Agreement. However, no provision of the Convention affects the rights or obligations that a Party would have previously acquired as a Signatory Party of the Interim Agreement.
ARTICLE XVIII
(Adhesion)
(a) Any State whose telecommunications administration or recognized private exploration was, or had the right to become, on the date on which the Convention was opened for signature, Interim Agreement Signatory Party, may accede to the Convention from the date on which it ceased to be open for signature until the expiry of a period of two years after the entry into force of the Convention.
(b) The provisions of paragraphs (c) to (e) of this article shall apply to applications for accession by the following States:
(i) a State whose telecommunications administration or recognized private exploration was, or had the right to become, on the date on which the Convention was opened for signature, a Contracting Party to the Interim Agreement, but which did not become a Party to the Convention, in accordance with the provisions of Article XVI(a) or (ii) of the Convention, or paragraph (a) of this Article;
(ii) any other European State member of the International Telecommunication Union that wishes to accede to the Convention after its entry into force.
(c) Any State wishing to accede to the Convention under the conditions referred to in paragraph (a) of this article (hereinafter referred to as "the requesting State") shall notify the Executive Secretary in writing and send all information concerning the application to the Executive Secretary.
(d) The Executive Secretary receives the request from the requesting State and submits it to the Assembly of the Parties.
(e) The Assembly of the Parties shall take action on the request of the requesting State within six months of the date on which the Executive Secretary has decided that it is in possession of all the information requested under paragraph (c) of this Article. The decision of the Executive Secretary shall be communicated promptly to the Assembly of the Parties. The decision of the Assembly of the Parties shall be taken by secret ballot and in accordance with the procedure for decisions on substantive matters. A special session of the Assembly of the Parties may be convened for this purpose.
(f) The Executive Secretary shall notify the requesting State of the conditions of accession established by the Assembly of the Parties. These conditions of accession are the subject of a protocol annexed to the instrument of accession which the State concerned deposits with the Depositary.
ARTICLE XIX
(Responsibility)
No Party shall take any individual responsibility for the acts and obligations of EUTELSAT, unless such liability arises from a treaty to which that Party and the State requesting compensation are parties. In this case, EUTELSAT shall indemnify the Party concerned with the amounts it has paid, unless the Party expressly undertakes to assume such liability alone.
ARTICLE XX
(Miscellaneous provisions)
(a) The official and working languages of EUTELSAT are English and French.
(b) EUTELSAT works, taking into account the general guidelines of the Assembly of the Parties on matters of common interest, with the United Nations and its specialized agencies, in particular the International Telecommunication Union, as well as with other international organizations.
(c) In accordance with the provisions of Resolution 1721 (XVI) of the United Nations General Assembly, EUTELSAT shall, as information, provide an annual report on its activities to the Secretary-General of the United Nations and the specialized agencies concerned. The annual report is also sent to the Eutelsat S.A. Corporation.
ARTICLE XXI
(Depositary)
(a) The Government of the French Republic is the Depositary of the Convention, with which instruments of ratification, acceptance, approval or accession are deposited, applications for provisional application, and notifications of ratification, acceptance or approval of amendments, and decisions for withdrawal of EUTELSAT or to terminate the provisional application of the Convention.
(b) The Convention is deposited in the archives of the Depositary. It shall transmit certified copies of the text of the Convention to all States that have signed it, or that have deposited their instruments of accession, as well as to the International Telecommunication Union.
(c) The Depositary shall inform as soon as possible all States that have signed or acceded to the Convention and, where appropriate, the International Telecommunication Union:
(i) any signature of the Convention;
(ii) the deposit of any instrument of ratification, acceptance, approval or accession;
(iii) the beginning of the sixty-day period referred to in Article XVII(a) of the Convention;
(iv) the entry into force of the Convention;
(v) any request for provisional application in accordance with Article XVII(d) of the Convention;
(vi) the appointment of the Executive Secretary referred to in Article X, paragraph (a), of the Convention;
(vii) the adoption and entry into force of any amendment to the Convention;
(viii) any notification of withdrawal;
(ix) any decision of the Assembly of the Parties referred to in paragraph (b) of Article XIII of the Convention, where a Party is deemed to have withdrawn from EUTELSAT;
(x) any other notification or communication relating to the Convention.
(d) Upon entry into force of the Convention, the Depositary shall transmit a certified copy of the Convention to the Secretariat of the United Nations for registration and publication in accordance with the provisions of Article 102 of the Charter of the United Nations.
In faith, the undersigned, duly authorized by their respective Governments, have signed this Convention.
Opened for signature in Paris, this fifteenth day of July, a thousand nine hundred and eighty-two in the English and French languages, both texts being equally authentic, in a single copy.
ANNEX A
(Transitional provisions)
1. Continuity of activities
(a) Any agreement reached by EUTELSAT, which is in force on the date on which the Eutelsat S.A. Corporation is established, shall remain in force, except in the case and until it is amended or terminated in accordance with the provisions of that Agreement. Any decision taken by EUTELSAT and that is in force on the date on which the Eutelsat S.A. Corporation is created, remains in force, except in the case and until such decision is amended or terminated.
(b) If, at the time of the creation of the Eutelsat S.A. Corporation, an organ of EUTELSAT has initiated, but has not completed an action that has been authorized or is required, the Executive Secretary or the first Chairman of the Eutelsat S.A. Corporation, within the framework of their respective responsibilities, and in accordance with the provisions agreed between EUTELSAT and the Eutelsat Corporation.
2. Method of transfer
(a) EUTELSAT concludes with the Eutelsat S.A. Company an agreement (the "Apport Treaty") for the transfer of all or part of its assets and liabilities related to its activity (as further specified in the Appellate Treaty) to the Eutelsat S.A. Corporation (the "Transfer").
(b) The Transfer entails a universal transmission of all rights, goods and obligations included in the heritage related to the transferred activity that is considered to be a complete and autonomous branch of activity. This Transfer produces the same effects as those arising from the Seizures regime pursuant to sections 382 et seq. of French law No. 66-537 of 24 July 1966 relating to commercial companies, without, however, that the obligations and formalities imposed on the company under the provisions of this Act are applicable to EUTELSAT.
(c) Regardless of the foregoing, the Transfer is opposable erga omnes from the date provided for in the Appellate Treaty without the notification to, or consent of, any person, including creditors. The Transfer can be applied in the same way to any person related to EUTELSAT by intuitu personae contract.
3. Management
(a) With respect to paragraph 2 (c) above, all the staff of the Executive Body of EUTELSAT has the right to be transferred to the Eutelsat Corporation S.A., and the persons exercising this right shall, at the date of their transfer, enjoy working conditions that are, to the extent that they are in conformity with French law, at least equivalent to those enjoyed immediately before that date.
(b) With respect to persons who, on the date of transfer, receive benefits under the EUTELSAT Pension Regulations, continue to receive them in accordance with all the relevant provisions of the Regulations in force on the date of the Transfer.
(c) With regard to persons who, on the date of the Transfer, have acquired benefits under the EUTELSAT Pension Regulations, appropriate measures are taken to safeguard these rights.
(d) In accordance with paragraph 1 of this annex, the working conditions of the existing staff continue to apply until the Eutelsat S.A. Corporation has established new staff.
(e) Until the first President of the Eutelsat S.A. Corporation and the first Executive Secretary came into office, the Director General of EUTELSAT assumed their respective functions.
4. Transfer of EUTELSAT functions to the Eutelsat S.A. Corporation and the Executive Secretary
(a) On the date of the creation of the Eutelsat S.A. Corporation and the Secretariat, the Director General of EUTELSAT informs all concerned of this creation.
(b) The Director General of EUTELSAT, in his capacity as the legal representative of EUTELSAT, takes all measures to ensure timely transfer to the Eutelsat S.A. Corporation and to the Executive Secretary of all rights and obligations acquired by EUTELSAT.
Annex B
(Adjudication procedure)
1. An arbitration tribunal shall be established in accordance with the following paragraphs to rule on any dispute referred to in Article XV of the Convention.
2. Any Party to the Convention may associate itself with either party to the dispute in an arbitration.
3. The Arbitration Court is composed of three members. Each party to the dispute shall designate an arbitrator within two months of the date of receipt of the application by a party to submit the dispute to arbitration. Where Article XV of the Convention requires the agreement of the parties to the dispute to submit the dispute to arbitration, the two-month period shall be calculated from the date of the agreement. The first two arbitrators shall, within two months of the date of designation of the second arbitrator, designate the third arbitrator, who shall preside over the arbitration tribunal. If one of the two arbitrators has not been designated within the required time limit, it shall, at the request of either party, be designated by the President of the International Court of Justice or, in the event of disagreement between the parties, by the Secretary General of the Permanent Court of Arbitration. The same procedure shall apply if the President of the Arbitration Court has not been appointed within the time limit required.
4. The Arbitration Tribunal shall select its seat and establish its rules of procedure.
5. Each party shall pay the costs of the arbitrator designated by the arbitrator and the costs of representation before the court. The costs of the President of the Arbitration Tribunal are equally shared between the parties to the dispute.
6. The award of the arbitration tribunal shall be rendered by a majority of the members, who may not abstain during the vote. The award is final and binding on the parties to the dispute. He cannot be appealed to this sentence. The parties shall comply with the arbitral award immediately. In the event of a dispute over its meaning or scope, the arbitral tribunal shall interpret it at the request of any of the parties to the dispute.
Convention establishing the European Telecommunications Organisation by Satellite "EUTELSAT", as amended by the Assembly of the Parties in Cardiff on 20 May 1999.
LIST OF LIES
For the consultation of the table, see image
(1) not a member in 1999
This Convention entered into force on 28 November 2002. When an instrument of ratification, acceptance, approval or accession is deposited by a State after 28 November 2002, the State shall enter into force with respect to that State on the date of deposit of its instrument.