Decree No. 2011 - 1652 25 November 2011 On The Publication Of Amendments To The Constitution And Convention Of The International Union Of Telecommunications (Amendments, Declarations And Reservations), Adopted On 24 November 2006 In Antalya

Original Language Title: Décret n° 2011-1652 du 25 novembre 2011 portant publication des amendements à la constitution et à la convention de l'Union internationale des télécommunications (amendements, déclarations et réserves), adoptés à Antalya le 24 novembre 2006

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Summary Application of the art. 52-55 of the Constitution.
Key words foreign and European Affairs, INTERNATIONAL agreement, MULTILATERAL agreement, amendment, PUBLICATION, CONSTITUTION, agreement, approval, UNION INTERNATIONALE DES telecommunications, ITU JORF n ° 0276 November 29, 2011 page 20080 text no. 2 order No. 2011-1652 25 November 2011 on the publication of the amendments to the constitution and convention of the International Union of telecommunications (amendments, declarations and reservations), adopted in Antalya on November 24, 2006 (1) NOR : MAEJ1119770D ELI: https://www.legifrance.gouv.fr/eli/decret/2011/11/25/MAEJ1119770D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2011/11/25/2011-1652/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister of State, Minister of foreign and European Affairs, pursuant to the Constitution, particularly articles 52 to 55.
Having regard to Decree No. 53-192, 14 March 1953 as amended relating to the ratification and publication of international commitments entered into by France, enacts as follows: Article 1 the amendments to the constitution and convention of the International Union of telecommunications (amendments, declarations and reservations), adopted in Antalya on 24 November 2006, will be published in the Official Journal of the French Republic.


Article 2 the Prime Minister and the Minister of State, Minister of foreign and European Affairs are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Schedule INSTRUMENT of amendment to the CONSTITUTION of the international UNION of TELECOMMUNICATIONS (Geneva, 1992) as what amended by the CONFERENCE of Plenipotentiaries (KYOTO, 1994), by the PLENIPOTENTIARY CONFERENCE (MINNEAPOLIS, 1998) and by the PLENIPOTENTIARY CONFERENCE (Marrakesh, 2002) (amendments adopted by the CONFERENCE of Plenipotentiaries, ANTALYA, 2006) CONSTITUTION of the international UNION of TELECOMMUNICATIONS (*) (Geneva, 1992) part I foreword by virtue and in accordance with the relevant provisions of the Constitution of the International Union of telecommunications (Geneva 1992) as amended by the Plenipotentiary Conference (Kyoto, 1994), by the Plenipotentiary Conference (Minneapolis, 1998) and by the Conference of Plenipotentiaries (Marrakesh, 2002), and particularly to the provisions of article 55, the Plenipotentiary Conference of the International Union of telecommunications (Antalya, 2006) adopted the following amendments to the above-mentioned Constitution: (*) the basic instruments of the Union (Constitution and Convention) should be considered as being written in a non-gender language.



Chapter I basic provisions Article 11 Secretariat general ADD * 73 bis SUP * 76. ― The Secretary-General acting as a representative of the Union.
Chapter II Radiocommunication Sector Article 13 Radiocommunication Conferences and MOD 90 radiocommunication assemblies. ― PP-98. ― 2. World radiocommunication conferences are normally convened every three to four years; However, in accordance with relevant Convention, such a conference may not be convened or an additional conference can be convened.
MOD 91. ― PP-98. ― 3. Radiocommunication assemblies are also normally convened every three to four years and may be associated in venue and dates the world radiocommunication conferences so as to improve the efficiency and productivity of the Radiocommunication sector. Radiocommunication assemblies establish the technical basis for the work of world radiocommunication conferences and give all the requests of such conferences; their functions are set out in the Convention.
Chapter V other provisions relating to the functioning of the Union Article 28 the Union MOD 161(c) finance. ― PP-98. ― 2. The Secretary-General informs Member States and sector members of the provisional amount of the contributory unit, determined under the number 161 B above, and invites Member States to notify him, no later than four weeks before the date set for the start of the Conference of Plenipotentiaries, contribution class as they choose on an interim basis.
161ST MOD. ― PP-98. ― PP-02. ― 4. Taking into account the project's financial plan as revised, the Conference of Plenipotentiaries determines as soon as possible the final upper limit of the amount of the contributory unit and fixed the date, which must be no later than the Monday of the last week of the Conference of Plenipotentiaries, which Member States, at the invitation of the Secretary-General, must have announced contribution class they have definitely chosen.
Article 29 languages MOD 171. ― 1. The official languages of the Union are: English, Arabic, Chinese, Spanish, the french and Russian.
Part II Date of entry into force the amendments contained in this instrument will enter into force, in their entirety and in the form of a single instrument, January 1, 2008, between Member States which will be then parties to the Constitution and Convention of the International Union of telecommunications (Geneva, 1992) and which have been deposited before that date their instrument of ratification acceptance or approval of this instrument or accession to it.
IN witness whereof, the undersigned Plenipotentiaries have signed the original of the instrument of amendment to the Constitution of the International Union of telecommunications (Geneva, 1992) as amended by the Plenipotentiary Conference (Kyoto, 1994), by the Plenipotentiary Conference (Minneapolis, 1998) and by the Conference of Plenipotentiaries (Marrakesh, 2002).
Made in Antalya, November 24, 2006.
INSTRUMENT of amendment to the CONVENTION of the international UNION of TELECOMMUNICATIONS (Geneva, 1992) as what amended by the CONFERENCE of Plenipotentiaries (KYOTO, 1994), by the PLENIPOTENTIARY CONFERENCE (MINNEAPOLIS, 1998) and by the PLENIPOTENTIARY CONFERENCE (Marrakesh, 2002) (amendments adopted by the CONFERENCE of Plenipotentiaries, ANTALYA, 2006) CONVENTION of the international UNION of TELECOMMUNICATIONS (*) (Geneva, 1992) part I foreword by virtue and in accordance with the relevant provisions of the Constitution of the International Union of telecommunications (Geneva 1992) as amended by the Plenipotentiary Conference (Kyoto, 1994), by the Plenipotentiary Conference (Minneapolis, 1998) and by the Conference of Plenipotentiaries (Marrakesh, 2002), and particularly to the provisions of article 42, the Plenipotentiary Conference of the International Union of telecommunications (Antalya, 2006) adopted the following amendments to the above-mentioned Convention: (*) the basic instruments of the Union (Constitution and Convention) should be considered as being written in a non-gender language.



Chapter I functioning of the Union Section 1 Article 2 Elections and related matters elected MOD 13 officials. ― 1. The Secretary-General, the Deputy Secretary-General and the directors of the offices take their duties on the date set by the Conference of Plenipotentiaries at the time of their election. They normally remain in office until the date set by the Conference of Plenipotentiaries following and are eligible for re-election only once to the same job. Re-election means that it is possible to perform a second term, whether consecutive or not first.
Members of the Committee of the MOD 20 radio regulations. ― 1. The members of the Board of the radio regulations take their duties on the dates determined by the Conference of Plenipotentiaries at the time of their election. They shall remain in office until the dates determined by the Conference of Plenipotentiaries following, and are eligible for re-election only once. Re-election means that it is possible to perform a second term, whether consecutive or not first.
Section 2 Article 4 Council SUP 58. ― MOD 60B. ― PP-02. ― 9B. Subject to the conditions laid down by the Council, including in terms of the number and the terms of their designation, the sector members may attend the meetings of the Council, its committees and its working groups as observers.
MOD 73. ― PP-98. ― PP-02. ― 7. examines and shall adopt the budget of the Union and examines the budget (included in the financial management report prepared by the Secretary-General in accordance with number 101 of this Agreement) for the two-year cycle following a financial year given, taking into account the decisions of the Conference of Plenipotentiaries for the number 50 of the Constitution and the financial limits laid down by the Conference in accordance with the provisions of no. 51 of the Constitution; He realizes all possible savings, but bear in mind the obligation for the Union to obtain satisfactory results as quickly as possible. In so doing, the Commission takes account of the priorities established by the Conference of Plenipotentiaries, as outlined in the strategic plan of the Union, views of the coordination Committee contained in the report of the Secretary-General referred to number 86 of this Convention, and the financial management report referred to the number 101 of this Convention. The Council proceeded to an annual review of revenue and expenses to carry out, if necessary, adjustments in accordance with the resolutions and decisions of the Conference of Plenipotentiaries;

MOD 80. ― PP-94. ― 14. is responsible for coordination with all international organizations referred to in articles 49 and 50 of the Constitution. For this purpose, he concluded on behalf of the Union of the interim agreements with the international organisations referred to in article 50; the Constitution and numbers 269b and 269 c of this Convention and with the United Nations in accordance with the agreement between the United Nations and the International Telecommunication Union These interim agreements must be submitted to the Conference of Plenipotentiaries following in accordance with the relevant provision of article 8 of the Constitution;
Division 3 section 5 Secretariat MOD 96. ― m) prepares recommendations for the first meeting of Heads of delegation referred to in number 49 of the General rules governing conferences, assemblies and meetings of the Union, taking into account the results of any consultations;
MOD 100. ― PP-98. ― q) after consultation of the coordination committee and after making all possible savings, prepares and submits to the Council a draft biennial budget covering the expenditure of the Union taking into account the financial limits set by the Conference of plenipotentiaries. This draft budget consists of an overall budget containing information about budget based on costs and results for the Union, established in accordance with the budgetary guidelines from the Secretary-General and comprising two versions. A version corresponds to a zero growth of the contributory unit, the other in a lower growth or equal to any limit set by the Conference of Plenipotentiaries, after possible levy on the provision account. The resolution on the budget, after approval by the Council, shall be forwarded for information to all Member States;
MOD 105. ― The amendment does not concern the French version.
Section 4 Article 6 Committee on coordination MOD 111. ― PP-02. ― 4. A report on the work of the coordination Committee is established and made available to Member States.
Section 5 Article 12 MOD 178 Radiocommunication Bureau radiocommunication sector. ― PP-98. ― b) Exchange with the Member States and the members of the sector of data in a form accessible in automatic reading and other forms, establishes and maintains documents and databases of the Radiocommunication sector and take all necessary measures with the Secretary-General, as necessary, to ensure that they are published in the languages of the Union in accordance with the number 172 of the Constitution;
Section 6 the standardization sector of telecommunications Article 15 MOD 203 telecommunications Standardization Bureau. ― PP-98. ― d) Exchange with Member States and sector members of the data in a form accessible in AutoPlay and other forms, sets, and PRN maintains documents and databases of the Telecommunication Standardization sector and takes measures with the Secretary general, as it is necessary, so that they are published in the languages of the Union in accordance with the number 172 of the Constitution;
Section 7 development of telecommunications Article 16 MOD 209 Telecommunication Development Conferences. ― a) World Telecommunication development conferences shall establish programmes of work and guidelines to define the issues and priorities for the development of telecommunications and provides guidance to the development of the telecommunications sector on its programme of work. They decide, in the light of the above, work programs if there is place to maintain or dissolve commissions of existing studies or create new and attributed to each of these issues to consider;
Article 17 has the MOD 215 c Telecommunication Development Advisory Group. ― 1. The Advisory Group for the development of telecommunications is open to the participation of the representatives of the Governments of Member States and representatives of sector members as well as the Chairmen and Vice-Chairmen of study groups and other groups, and acts through the Director.
Article 18 MOD 220 Telecommunication Development Bureau. ― c) Exchange with the members of the data in a form accessible AutoPlay and other forms, established and, if necessary, maintains the documents and databases of the telecommunication development sector and takes measures with the Secretary-General, where appropriate, to ensure that they are published in the languages of the Union, in accordance with the number 172 of the Constitution;
Section 8 provisions common to all three sectors Article 19 Participation of entities and organizations other than Government in the activities of the Union (MOD) 235. ― 5. Any request for participation in the work of a sector by an entity or organization mentioned in paragraph 231 above (with the exception of the organisations referred to numbers 269b and 269 of the Convention) is transmitted to the Secretary-General and treated in accordance with the procedures established by the Council.
(MOD) 236. ― 6. Any request for participation in the work of a sector by an organization referred to the 269b numbers to 269D of this Convention is transmitted to the Secretary-General and the organization concerned is registered on the lists mentioned in paragraph 237 below.
MOD 237. ― PP-98. ― 7. The Secretary-General shall prepare and maintain, for each sector, lists of all entities and organizations referred to in numbers 229 to 231 as well as numbers 269b to 269D of this Convention that are eligible to participate in the work of the sectors. It publishes each of these lists at appropriate intervals, and carries them to the knowledge of all the Member States and sectors concerned and the Director of the Office concerned. This Director made known to the entities and organizations concerned the suite which was given at their request and inform the interested Member States.
MOD 240. ― PP-98. ― 10. Any member of a sector shall be entitled to denounce its participation by a notification addressed to the Secretary-General. This participation can also be denounced, if necessary, by the Member State concerned or, in the case of the sector member pursuant to number 234 c above, approved according to the criteria and procedures adopted by the Council. The denunciation takes effect upon the expiration of a period of six months from the day of receipt of the notification by the Secretary general.
Section 21 recommendations made by a conference at another conference (MOD) 251. ― 2. These recommendations are addressed in a timely manner to the Secretary-General to be collected, coordinated and communicated in accordance with the number 44 of the General rules of conferences, assemblies and meetings of the Union.
Chapter II specific provisions relating to conferences and meetings section 23 PP-02. ― Admission to Conferences of Plenipotentiaries MOD 269. ― PP-94. ― PP-02. ― d) observers from organizations, institutions and following entities that can participate in an advisory capacity: 269th MOD. ― PP-02. ― e) observers of the members of the sectors referred to in items 229 and 231 of this Convention.
Article 24 PP-02. — Admission to the MOD 278 radiocommunication conferences. ― PP-02. ― b) the observers for organizations and institutions referred to in this Convention 269D 269a numbers, who can participate in an advisory capacity;
MOD 279. ― PP-02. ― c) observers from other international organizations invited in accordance with the relevant provisions of chapter I of the General rules governing conferences, assemblies and meetings of the Union, who may participate in an advisory capacity;
MOD 280. ― PP-98. ― d) observers from members of the Radiocommunication Sector;
Article 25 PP-98. ― PP-02. — Admission to the radiocommunication assemblies to the Global Telecommunication Standardization assemblies and bis ADD 296 telecommunication development conferences. ― b) representatives of sector members concerned;
MOD 297. ― PP-02. ― c) observers, who may participate in an advisory capacity: ADD 297 bis. ― SUP 298A. ― SUP 298B. ― i) organisations and institutions referred to in numbers 269 at 269D of this Convention;
(MOD) 298 C. ― PP-02. ― SUP 298D. ― 298TH SUP. ― SUP * 298F. ― ii) any other regional organization, or another international organization, dealing with issues relating to the Assembly or the conference.
Chapter IV other provisions Article 33 finance MOD 468. ― PP-98. ― 1. (1) the scale in which each Member State, subject to the provisions of the number 468A below, member area, subject to the provisions of no. 468B below, chooses its contribution class, in accordance with the relevant provisions of article 28 of the Constitution, is as follows: class 40 class 8 units units ―;
class of 35 units ― class 6 units;
class of 30 units ― class 5 units;
class of 28 units ― class 4 units;
class 25 units ― class 3 units;
class 23 units ― class 2 units;
class 20 units — class 1 1/2 unit;
class of 18 units — class 1 unit;
class of 15 units ― class 1/2 unit;
class of 13 units ― class 1/4 unit;
class of 11 units — class 1/8 unit;
― class 10 class l/16 unit units.

MOD 476. ― PP-94. ― PP-98. ― PP-02. ― 4. (1) the organisations referred to numbers 269a to 269th of this Convention and other organizations also indicated in chapter II of the Convention (unless they were exempted by the Council, subject to reciprocity) and sector members referred to in no. 230 of the Convention involved, in accordance with the provisions of this Convention, to a Conference of Plenipotentiaries a conference, a meeting or a meeting of a sector of the Union, or to a world conference of international telecommunications, contribute to expenditures for conferences, assemblies and meetings in which they participate on the basis of the cost of these conferences and meetings and in accordance with the financial regulation. However, the sector members will not specifically contribute to expenses related to their participation in a conference, a meeting or a meeting of their respective sectors, except in the case of the regional radiocommunication conferences.
(MOD) 480A. ― PP-98. ― 5 bis. When a member of sector contributes to the expenditure of the Union in accordance with no. 159 of the Constitution, the sector in which the contribution is paid should be identified.
ADD 480B. ― 5b. In exceptional circumstances, the Council may authorize a reduction in the number of contributory units when a sector member requests and provides evidence that it can no longer maintain its contribution in the initially chosen class.
A N N E X E DEFINITION OF CERTAIN TERMS USED IN THIS AGREEMENT AND IN THE BYLAWS OF THE INTERNATIONAL UNION OF TELECOMMUNICATIONS MOD 1002. ― PP-94. ― PP-98. ― Observer: Person sent by a Member State, an organization, an institution or entity to attend a conference, a meeting or a meeting of the Union or to the Council, without the right to vote and in accordance with the relevant provisions of the basic texts of the Union.
Part II Date of entry into force (*) the amendments contained in this instrument will enter into force, in their entirety and in the form of a single instrument, January 1, 2008, between Member States which will be then parties to the Constitution and Convention of the International Union of telecommunications (Geneva, 1992) and which have been deposited before that date their instrument of ratification acceptance or approval of this instrument or accession to it.
IN witness whereof, the undersigned Plenipotentiaries have signed the original of the instrument of amendment to the Convention of the International Union of telecommunications (Geneva, 1992) as amended by the Plenipotentiary Conference (Kyoto, 1994), by the Plenipotentiary Conference (Minneapolis, 1998) and by the Conference of Plenipotentiaries (Marrakesh, 2002).
Made in Antalya, November 24, 2006.
(*) Note by the Secretariat: the signatures that follow the instrument of amendment of the Convention (Geneva, 1992) as amended by the Plenipotentiary Conference (Kyoto, 1994), by the Plenipotentiary Conference (Minneapolis, 1998) and by the Conference of Plenipotentiaries (Marrakesh, 2002) are the same as those contained in pages 8 to 16.



Declarations and reservations the french government reserves the right to take any action it may deem necessary to protect his interests in case some Member States would not take their share in the expenditure of the Union or fail in any way whatsoever to comply with the provisions of the amendments to the Constitution and Convention of the International Union of telecommunications (Geneva 1992), as amended by the Plenipotentiary Conference (Kyoto, 1994, Minneapolis, 1998, and Marrakech, 2002), adopted by the Conference of Plenipotentiaries (Antalya, 2006), or if reservations by other countries undermined the functioning of its telecommunications services or would entail an increase in its share to the expenditure of the Union.
He says formally that, with regard to France, the application as a provisional or definitive amendments to the by-laws of the Union as defined in article 54 of the Constitution of the Union International Telecommunication (Geneva, 1992), such as amended by the Plenipotentiary Conference (Kyoto, 1994 and Minneapolis, 1998), means to the extent permitted by national law.
France, as a Member State of the European Union, apply the instruments adopted by the Conference of Plenipotentiaries (Antalya, 2006) in accordance with its obligations under the Treaty establishing the European Community.
The Government of the French Republic declares formally that it maintains the declarations and reservations made when signing the final acts of the previous conferences of the Union empowered to conclude treaties as if it made them fully at the Conference of plenipotentiaries in Antalya.
It refers to the statements made by the Republic of Colombia (58), Mexico (34), and Ecuador (55), insofar as such statements and any other similar text relate to the declaration of Bogota in December 3, 1976, issued by the equatorial countries, as well as to the claims of these countries to exercise sovereign rights over some portions of the orbit geostationary satellites , or any other related submissions, and considers that these claims could not be recognized by the Antalya Conference.
It also wishes to state that the reference in article 44 of the Constitution, "the geographical situation of certain countries" is not worth recognition of the claim of preferential rights whatsoever in the geostationary orbit.

Is November 25, 2011.
Nicolas Sarkozy by the President of the Republic: Prime Minister François Fillon Minister of State, Minister of foreign and European Affairs, Alain Juppé (1) these amendments entered into force on October 10, 2008.

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