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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 art. 52 to 55 of the Constitution.

Keywords

BUSINESS AND EUROPEAN , INTERNATIONAL AGREEMENT , MULTILATERAL AGREEMENT , AMENDMENT , PUBLICATION , CONSTITUTION , CONVENTION , APPROBATION , INTERNATIONAL UNION OF TELECOMUNICATIONS , ITU


JORF n°0276 of 29 November 2011 page 20080
text No. 2



Decree No. 2011-1652 of 25 November 2011 on the publication of amendments to the constitution and convention of the International Telecommunication Union (amendments, declarations and reservations), adopted in Antalya on 24 November 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


President of the Republic,
On the report of the Prime Minister and the Minister of State, Minister for Foreign and European Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France,
Decrete:

Article 1


Amendments to the constitution and convention of the International Telecommunication Union (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 with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.

  • Annex



    INSTRUMENT OF AMENDMENTS TO THE CONSTITUTION OF THE INTERNATIONAL MEETING OF TELECOMMUNICATIONS (GENÈVE, 1992) TELLED BY THE CONFERENCE OF PLÉNIPOTENTIAIRES (KYOTO, 1994), BY THE CONFERENCE OF PLÉNIPOTENTIAIRES (MINNEAPOLIS, 1998) AND


    CONSTITUTION OF THE INTERNATIONAL
    DES TÉLÉCOMMUNICATIONS (*) (GENÈVE, 1992)
    PART I
    Foreword


    In accordance with and in accordance with the relevant provisions of the Constitution of the International Telecommunication Union (Geneva, 1992) as amended by the Conference of Plenipotentiaries (Kyoto, 1994), by the Conference of Plenipotentiaries (Minneapolis, 1998) and by the Conference of Plenipotentiaries (Marrakech, 2002), and in particular the provisions of Article 55, the Conference of Plenipotentiaries of the

    (*) The fundamental instruments of the Union (Constitution and Convention) must be considered to be drafted in a non-gender language.


    Chapter I
    Basic provisions
    Article 11
    General Secretariat


    ADD* 73 bis SUP* 76. ― The Secretary General acts as a legal representative of the Union.


    Chapter II
    Radiocommunication sector
    Article 13
    Radiocommunication conferences
    Radiocommunication assemblies


    MOD 90. ― PP-98. ― 2. World radio conferences are normally convened every three to four years; However, in accordance with the relevant provisions of the Convention, such a conference may not be convened or an additional conference may be convened.
    MOD 91. ― PP-98. ― 3. Radiocommunication assemblies are normally convened every three to four years and may be associated in place and dates to world radio conferences in order to improve the efficiency and productivity of the Radiocommunication Sector. Radiocommunication assemblies establish the necessary technical basis for the work of the world radio conferences and follow up on all requests of the conferences; their functions are set out in the Convention.


    Chapter V
    Other provisions
    on the functioning of the Union
    Rule 28
    Union Finance


    MOD 161C. ― PP-98. ― 2. The Secretary-General shall inform Member States and Members of Sectors of the provisional amount of the contributive unit, determined under number 161B above, and shall invite Member States to notify the Secretary-General, no later than four weeks before the date fixed for the beginning of the Conference of Plenipotentiaries, of the class of contribution they select provisionally.
    MOD 161E. - PP-98. ― PP-02. ― 4. In view of the draft financial plan as revised, the Conference of Plenipotentiaries shall determine as soon as possible the final upper limit of the amount of the contributive unit and shall determine the date, which shall be no later than Monday of the last week of the Conference of Plenipotentiaries, to which Member States, at the invitation of the Secretary-General, must have announced the class of contribution they have definitively chosen.


    Rule 29
    Languages


    MOD 171. 1. The official languages of the Union are: English, Arabic, Chinese, Spanish, French and Russian.


    PART II
    Effective date


    The amendments contained in this instrument shall enter into force, in their entirety and in the form of a single instrument, on 1 January 2008, between the Member States which shall then be parties to the Constitution and the Convention of the International Telecommunication Union (Geneva, 1992) and which shall have deposited before that date their instrument of ratification, acceptance or approval of this instrument or of accession to it.
    IN WITNESS WHEREOF, the undersigned Plenipotentiaries signed the original of this instrument of amendment to the Constitution of the International Telecommunication Union (Geneva, 1992) as amended by the Conference of Plenipotentiaries (Kyoto, 1994), by the Conference of Plenipotentiaries (Minneapolis, 1998) and by the Conference of Plenipotentiaries (Marrakech, 2002).


    Done at Antalya, November 24, 2006.



    INSTRUMENT OF AMENDMENTS TO THE CONVENTION OF THE INTERNATIONAL MEETING OF TELECOMMUNICATIONS (GENÈVE, 1992) TELLED BY THE CONFERENCE OF PLÉNIPOTENTIAIRES (KYOTO, 1994), BY THE CONFERENCE OF PLÉNIPOTENTIAIRES (MINNEAPOLIS, 1998) AND


    CONVENTION DE L'UNION INTERNATIONALE
    DES TÉLÉCOMMUNICATIONS (*) (GENÈVE, 1992)
    PART I
    Foreword


    In accordance with and in accordance with the relevant provisions of the Constitution of the International Telecommunication Union (Geneva, 1992) as amended by the Conference of Plenipotentiaries (Kyoto, 1994), by the Conference of Plenipotentiaries (Minneapolis, 1998) and by the Conference of Plenipotentiaries (Marrakech, 2002), and in particular the provisions of Article 42, the Conference of Plenipotentiaries of the

    (*) The fundamental instruments of the Union (Constitution and Convention) must be considered to be drafted in a non-gender language.


    Chapter I
    Functioning of the Union
    Section 1
    Article 2
    Elections and related matters


    Officials
    MOD 13. ― 1. The Secretary-General, the Deputy Secretary-General and the directors of the Bureau shall serve on the date fixed by the Conference of Plenipotentiaries at the time of their election. They normally remain in office until the date fixed by the next Conference of Plenipotentiaries and are re-elected only once at the same time. The term re-eligible means that it is only possible to carry out a second term, whether it is consecutive or not to the first term.
    Members of the Radio Regulations Committee
    MOD 20. ― 1. The members of the Radio Regulations Committee shall serve on the dates fixed by the Conference of Plenipotentiaries at the time of their election. They remain in office until the dates fixed by the next Conference of Plenipotentiaries, and are re-elected only once. The term re-eligible means that it is only possible to carry out a second term, whether it is consecutive or not to the first term.


    Section 2
    Article 4
    The Council


    SUP 58. MOD 60B. ― PP-02. ― 9 ter. Subject to the conditions established by the Council, including the number and modalities of their designation, Members of Sectors may attend as observers at the meetings of the Council, its committees and its working groups.
    MOD 73. ― PP-98. - PP-02. 7. Review and finalize the Union ' s biennial budget and review the budget estimates (included in the financial management report prepared by the Secretary-General pursuant to number 101 of this Convention) for the two-year cycle following a given fiscal year, taking into account the decisions of the Conference of Plenipotentiaries concerning the number 50 of the Constitution and the financial limits established by the Conference in accordance with the provisions of issue 51 of the Constitution; it realizes all possible savings, but keeps in mind the obligation of the Union to achieve satisfactory results as quickly as possible. In doing so, the Council takes into account the priorities set by the Conference of Plenipotentiaries, as set out in the Union's strategic plan, the views of the Coordinating Committee set out in the report of the Secretary-General referred to in number 86 of this Convention, and the financial management report referred to in number 101 of this Convention. The Council shall conduct an annual review of income and expenditure in order to make adjustments, as appropriate, in accordance with the resolutions and decisions of the Conference of Plenipotentiaries;
    MOD 80. - PP-94. 14. is responsible for coordinating with all international organizations referred to in articles 49 and 50 of the Constitution. To this end, it concludes on behalf of the Union provisional agreements with the international organizations referred to in Article 50 of the Constitution and numbers 269B and 269C of this Convention and with the United Nations pursuant to the Agreement between the United Nations and the International Telecommunication Union; these interim agreements must be submitted to the following Conference of Plenipotentiaries in accordance with the relevant provision of Article 8 of the Constitution;


    Section 3
    Article 5
    General 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, Meetings and Meetings of the Union, taking into account the results of possible regional consultations;
    MOD 100. ― PP-98. ― q) after consultation with the Coordinating Committee and after having made all possible savings, prepares and submits to the Council a draft biennial budget covering the expenses of the Union taking into account the financial limits set by the Conference of Plenipotentiaries. This budget proposal consists of a comprehensive budget containing cost-based and results-based budget information for the Union, prepared in accordance with the Secretary-General's budgetary directives and comprising two versions. One version corresponds to a zero growth of the contributive unit, the other to a growth of less than or equal to any limit set by the Conference of Plenipotentiaries, after possible withdrawal from the reserve account. The resolution on the budget, after approval by the Council, is transmitted for information to all Member States;
    MOD 105. ― The amendment does not concern the French version.


    Section 4
    Article 6
    Coordinating Committee


    MOD 111. ― PP-02. ― 4. A report on the work of the Coordinating Committee is prepared and made available to Member States.


    Section 5
    Radiocommunication sector
    Article 12
    Radiocommunication Bureau


    MOD 178. ― PP-98. ― (b) exchanges with Member States and Members of the Data Sector in a form accessible by automatic reading and in other forms, prepares and maintains the documents and databases of the Radiocommunication Sector and takes all necessary measures with the Secretary-General to be published in the languages of the Union in accordance with issue 172 of the Constitution;


    Section 6
    Telecommunications Standards Sector
    Article 15
    Office for the Standardization of Telecommunications


    MOD 203. ― PP-98. ― (d) exchange with Member States and Members of the Data Sector in a form accessible by automatic reading and in other forms, prepares and if necessary keeps up to date the documents and databases of the Telecommunications Standards Sector and takes the necessary measures with the Secretary General, as necessary, to be published in the languages of the Union in accordance with issue 172 of the Constitution;


    Section 7
    Telecommunications Development Sector
    Article 16
    Telecommunications development conferences


    MOD 209. ― (a) Global Telecommunications Development Conferences establish work programmes and guidelines to identify telecommunications development issues and priorities and provide guidance to the Telecommunications Development Sector for its work programme. They decide, in the light of the above-mentioned work programmes, whether there is a need to maintain or dissolve existing study commissions or to create new ones and assign to each of them the issues to be studied;


    Article 17 A
    Advisory Group on Development
    telecommunications


    MOD 215C. ― 1. The Telecommunications Development Advisory Group is open to the participation of representatives of the administrations of Member States and representatives of the Sector Members, as well as the chairs and vice-chairs of the study commissions and other groups, and acts through the Director.


    Article 18
    Telecommunications Development Office


    MOD 220. ― (c) exchange data with members in a form accessible by automatic reading and in other forms, prepares and, where necessary, maintains the documents and databases of the Telecommunications Development Sector and takes the necessary measures with the Secretary-General to be published in the languages of the Union, in accordance with number 172 of the Constitution;


    Section 8
    Provisions common to the three Sectors
    Article 19
    Participation of entities and organizations
    other than administrations to the activities of the Union


    (MOD) 235. 5. Any request for participation in the work of a Sector by an entity or organization referred to in number 231 above (with the exception of organizations referred to in numbers 269B and 269C of this Convention) shall be forwarded to the Secretary-General and processed 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 in numbers 269B to 269D of this Convention shall be forwarded to the Secretary-General, and the organization concerned shall be included in the lists referred to in number 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 and 269B to 269D of this Convention that are eligible to participate in the work of Sectors. It publishes each of these lists at appropriate intervals and brings them to the attention of all Member States and Members of the Areas concerned and the Director of the Bureau concerned. The Director shall inform the entities and organizations concerned of the follow-up to their requests and shall inform interested Member States.
    MOD 240. - PP-98. ― 10. Any Member of a Sector has the right to denounce its participation by a notification addressed to the Secretary-General. Such participation may also be denounced, if any, by the Member State concerned or, in the case of the Sector Member approved in accordance with number 234C above, according to the criteria and procedures established by the Council. This denunciation shall take effect upon the expiration of a period of six months from the date of receipt of the notification by the Secretary-General.


    Article 21
    Recommendations addressed by a conference
    at another conference


    (MOD) 251. 2. These recommendations are addressed in a timely manner to the Secretary-General to be gathered, coordinated and communicated under the conditions set out in issue 44 of the General Rules Governing the Conferences, Meetings and Meetings of the Union.


    Chapter II
    Special provisions
    Conferences and Meetings
    Article 23
    PP-02. ― Admission to the Conferences of Plenipotentiaries


    MOD 269. - PP-94. ― PP-02. ― (d) observers of the following organizations, institutions and entities, who may participate in an advisory capacity:
    MOD 269E. - PP-02. (e) observers of Members of the Areas referred to in numbers 229 and 231 of this Convention.


    Article 24
    PP-02. ― Admission to Radiocommunication Conferences


    MOD 278. - PP-02. (b) observers of organizations and institutions referred to in numbers 269A to 269D of this Convention, who may participate in an advisory capacity;
    MOD 279. ― PP-02. ― (c) observers of other international organizations invited in accordance with the relevant provisions of Chapter I of the General Rules Governing Conferences, Meetings and Meetings of the Union, who may participate in an advisory capacity;
    MOD 280. ― PP-98. ― (d) observers of the Radiocommunication Sector Members;


    Rule 25


    PP-98. - PP-02. ∙ Admission to radiocommunication assemblies, global telecommunications standardization assemblies and telecommunications development conferences
    ADD 296 bis. ― (b) the representatives of the Sector members concerned;
    MOD 297. ― PP-02. ― (c) observers, who may participate in an advisory capacity:
    ADD 297 bis. - SUP 298A. - SUP 298B. (i) organizations and institutions referred to in numbers 269A to 269D of this Convention;
    (MOD) 298C. - PP-02. - SUP 298D. - SUP 298E. SUP* 298F. (ii) any other regional organization, or other international organization, dealing with matters of interest to the assembly or conference.


    Chapter IV
    Other provisions
    Rule 33
    Finance


    MOD 468. ― PP-98. ― 1. 1) The scale in which each Member State, subject to the provisions of number 468A below, or Sector Member, subject to the provisions of number 468B below, selects its class of contribution, in accordance with the relevant provisions of Article 28 of the Constitution, is as follows:
    - class of 40 units of 8 units;
    - class of 35 units of 6 units;
    - class of 30 units of 5 units;
    - 28 units class of 4 units;
    25 units class of 3 units;
    23 units class of 2 units;
    - class of 20 units 1 1/2 unit;
    - class of 18 units of 1 unit;
    - class of 15 units class of 1/2 unit;
    - class of 13 units of 1/4 unit;
    11 units class of 1/8 unit;
    - class of 10 units class of l/16 unit.
    MOD 476. - PP-94. - PP-98. - PP-02. 4. 1) Organizations referred to in numbers 269A to 269E of this Convention and other organizations also listed in Chapter II of this Convention (unless they have been exempted by the Council, subject to reciprocity) and Members of the Sectors referred to in number 230 of this Convention that participate, in accordance with the provisions of this Convention, in a Conference of Plenipotentiaries, in a conference, in a meeting or meeting of a meeting of However, Members of Sectors will not contribute specifically to expenditures related to their participation in a conference, meeting or meeting of their respective Sectors, except in the case of regional radio conferences.
    (MOD) 480A. ― PP-98. ― 5 bis. When a Sector Member contributes to the Union's expenses in accordance with Constitutional Number 159A, the Sector for which the contribution is paid should be identified.
    ADD 480B. ― 5 ter. In exceptional circumstances, the Commission may authorize a reduction in the number of contributive units when a Sector Member makes the request and demonstrates that it is no longer able to maintain its contribution in the initially chosen class.


    A N N E X E


    DEFINITION OF EPLOYED TERMS IN THE PRESENT CONVENTION AND IN THE ADMINISTRATIVE REGULATIONS OF THE INTERNATIONAL MEETING OF TELECOMMUNICATIONS
    MOD 1002. - PP-94. - PP-98. Observer: A person sent by a Member State, an organization, an institution or entity to attend a conference, meeting or meeting of the Union or the Council, without the right to vote and in accordance with the relevant provisions of the fundamental texts of the Union.


    PART II
    Effective Date (*)


    The amendments contained in this instrument shall enter into force, in their entirety and in the form of a single instrument, on 1 January 2008, between the Member States which shall then be parties to the Constitution and the Convention of the International Telecommunication Union (Geneva, 1992) and which shall have deposited before that date their instrument of ratification, acceptance or approval of this instrument or of accession to it.
    IN WITNESS WHEREOF, the undersigned Plenipotentiaries signed the original of this instrument of amendment to the Convention of the International Telecommunication Union (Geneva, 1992) as amended by the Conference of Plenipotentiaries (Kyoto, 1994), by the Conference of Plenipotentiaries (Minneapolis, 1998) and by the Conference of Plenipotentiaries (Marrakech, 2002).


    Done at Antalya, November 24, 2006.

    (*) Note by the General Secretariat: the signatures that follow the instrument of amendment of the Convention (Geneva, 1992) as amended by the Conference of Plenipotentiaries (Kyoto, 1994), the Conference of Plenipotentiaries (Minneapolis, 1998) and the Conference of Plenipotentiaries (Marrakech, 2002) are the same as those contained in pages 8 to 16.



    Statements and reservations


    The French Government reserves the right to take any action that it may consider necessary to protect its interests in the event that some Member States would not take their part in the expenses of the Union or in any way fail to comply with the provisions of the amendments to the Constitution and the Convention of the International Telecommunication Union (Geneva, 1992), as amended by the Conferences of Plenipotentiaries (Kyoto, 1994, Minneapolis, 1998, and Marrakech, 2002), adopted by the Conference of Plenipotentiaries (Antalya, 2006), or
    It states formally that, with respect to France, the provisional or final application of amendments to the Union's Administrative Regulations as defined in Article 54 of the Constitution of the International Telecommunication Union (Geneva, 1992), as amended by the Conferences of Plenipotentiaries (Kyoto, 1994 and Minneapolis, 1998), is to the extent authorized by national law.
    France, as a Member State of the European Union, will implement 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 formally declares that it maintains the declarations and reservations it made during the signing of the Final Acts of the previous EU conferences authorized to conclude treaties as if it had formulated them in full at the Conference of Plenipotentiaries in Antalya.
    It refers to the declarations made by the Republic of Colombia (58), Mexico (34) and Ecuador (55), to the extent that these statements and similar texts relate to the declaration of Bogota of 3 December 1976, issued by Ecuadorian countries, as well as to the claims of those countries to exercise sovereign rights on certain portions of the orbit of the other geothalstationary satellites, or to any other claims
    It also wishes to state that the reference in Article 44 of the Constitution to "the geographical situation of certain countries" is not a recognition of the claim of any preferential rights on the orbit of the geostationary satellites.


Done on 25 November 2011.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

The Minister of State,

Minister for Foreign Affairs

and European,

Alain Juppé

(1) These amendments entered into force on 10 October 2008.
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