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Decree No. 2012-858 5 July 2012 On The Publication Of Amendments To The Constitution And Convention Of The International Union Of Telecommunications (Amendments, Declarations And Reservations), Adopted In Guadalajara On October 22, 2010

Original Language Title: Décret n° 2012-858 du 5 juillet 2012 portant publication des amendements à la constitution et à la convention de l'Union internationale des télécommunications (amendements, déclarations et réserves), adoptés à Guadalajara le 22 octobre 2010

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Summary

Implementation of articles 52 to 55 of the Constitution.

Keywords

BUSINESS , INTERNATIONAL AGREEMENT , MULTILATERAL AGREEMENT , CONVENTION , AMENDMENT , PUBLICATION , DECLARATION , RESERVE , INTERNATIONAL UNION OF TELECOMUNICATIONS , IUT , APPROBATION


JORF n°0157 of 7 July 2012 page 11145
text No. 8



Decree No. 2012-858 of 5 July 2012 on the publication of amendments to the constitution and convention of the International Telecommunication Union (amendments, declarations and reservations), adopted in Guadalajara on 22 October 2010 (1)

NOR: MAEJ1226454D ELI: https://www.legifrance.gouv.fr/eli/decret/2012/7/5/MAEJ1226454D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2012/7/5/2012-858/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2007-1201 of 10 August 2007 authorizing the approval of amendments to the constitution and convention of the International Telecommunication Union, adopted in Marrakech on 18 October 2002;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 2008-584 of 19 June 2008 publishing amendments to the constitution and convention of the International Telecommunication Union, adopted in Marrakech on 18 October 2002;
Vu le Decree No. 2011-1652 of 25 November 2011 issuing amendments to the constitution and convention of the International Telecommunication Union (amendments, declarations and reservations), adopted in Antalya on 24 November 2006,
Decrete:

Article 1


Amendments to the constitution and convention of the International Telecommunication Union (amendments, declarations and reservations), adopted in Guadalajara on 22 October 2010, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.



A M E N D E M E N T S


TO THE CONSTITUTION AND CONVENTION OF THE INTERNATIONAL MEETING OF TELECOMMUNICATIONS (AMENDMENTS, DECLARATIONS AND RESERVES)
INSTRUMENT TO THE CONSTITUTION OF THE INTERNATIONAL MEETING OF TELECOMMUNICATIONS (GENÈVE, 1992)


as amended by
Plenipotentiary Conference (Kyoto, 1994),
by
Plenipotentiary Conference (Minneapolis, 1998),
by
Conference of Plenipotentiaries (Marrakech, 2002)
and by
Plenipotentiary Conference (Antalya, 2006)
(Amendments adopted by the
Plenipotentiary Conference, Guadalajara, 2010)
CONSTITUTION OF THE INTERNATIONAL
DES TÉLÉCOMMUNICATIONS (*) (GENÈVE, 1992)
PART I
PROPOSAL


According to 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), by the Conference of Plenipotentiaries (Marrakech, 2002) and by the Conference of Plenipotentiaries (Antalya, 2006), and in particular

(*) The fundamental instruments of the Union (Constitution and Convention) must be considered to be drafted in a non-gender language.
  • Chapter V: Other provisions relating to the operation of the Union



    Rule 28
    Union Finance


    5 When choosing its class of contribution, a Member State shall not reduce it by more than 15 per cent of the number of units chosen by that Member State for the period preceding the reduction, rounding the amount to the nearest lower value in the scale of the contributive units for the classes of three or more units; or a maximum contribution class for classes less than three units. The Council should indicate the modalities for the progressive implementation of this reduction in the interval between the Plenipotentiary Conferences. However, in exceptional circumstances, such as natural disasters requiring the launch of international assistance programmes, the Conference of Plenipotentiaries may authorize a greater reduction in the number of contributory units when a Member State so requests and provides evidence that it can no longer maintain its contribution in the initially chosen class.


    PART II
    DATE OF SOMETHING


    The amendments contained in this instrument shall enter into force, in their entirety and in the form of a single instrument, on 1 January 2012, 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), by the Conference of Plenipotentiaries (Marrakechtal, 2002) and by the


    Done in Guadalajara, 22 October 2010.


    INSTRUMENT TO THE CONVENTION OF THE INTERNATIONAL MEETING OF TELECOMMUNICATIONS (GENÈVE, 1992)


    as amended by
    Plenipotentiary Conference (Kyoto, 1994),
    by
    Plenipotentiary Conference (Minneapolis, 1998),
    by
    Conference of Plenipotentiaries (Marrakech, 2002)
    and by
    Plenipotentiary Conference (Antalya, 2006)
    (Amendments adopted by the
    Plenipotentiary Conference, Guadalajara, 2010)
    CONVENTION DE L'UNION INTERNATIONALE
    DES TÉLÉCOMMUNICATIONS (*) (GENÈVE, 1992)
    PART I
    PROPOSAL


    According to and in accordance with the relevant provisions of the International Telecommunication Union Convention (Geneva, 1992) as amended by the Conference of Plenipotentiaries (Kyoto, 1994), by the Conference of Plenipotentiaries (Minneapolis, 1998), by the Conference of Plenipotentiaries (Marrakech, 2002) and by the Conference of Plenipotentiaries (Antalya, 2006), and in particular

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



    Rule 33
    Finance


    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:
    From the class of 40 units:
    up to the class of 2 units per unit level.
    Below the class of 2 units, as follows:
    1 1/2 unit class
    1 unit class
    Class of 1/2 unit
    1/4 unit class
    1/8 unit
    1/16 unit


    PART II
    DATE OF SOMETHING


    The amendments contained in this instrument shall enter into force, in their entirety and in the form of a single instrument, on 1 January 2012, 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 have 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), by the Conference of Plenipotentiaries (Marrakechtal, 2002) and


    Done in Guadalajara, 22 October 2010


    Statements and reservations


    The Government of the French Republic reserves the right to take any action 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; Marrakech, 2002 and Antalya, 2006) adopted by the Conference of Plenipotentiaries (Guadalajara, 2010), or if reservations made by other countries compromised the proper functioning of its telecommunications services or led to an increase in its share of contribution to the expenses of the Union.
    It formally declares 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; Minneapolis, 1998; Marrakech, 2002; Antalya, 2006 and Guadalajara, 2010) agrees to the extent permitted by national law.
    The Government of the French Republic refers to the statement made by Mexico (70), to the extent that this statement and any other similar text relate to the Bogota Declaration of 3 December 1976, formulated by the Ecuadorian countries, as well as to the claims of those countries regarding the exercise of sovereign rights on certain portions of the orbit of the geostationary satellites, or to any other related claims, and considers that these claims may be recognized by the
    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.
    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 made them in full at this Conference of Plenipotentiaries.
    The Government of the French Republic, as a Member State of the European Union, will implement the instruments adopted by the Conference of Plenipotentiaries (Guadalajara, 2010) in accordance with its obligations under the Treaty on the European Union and the Treaty on the Functioning of the European Union.


Done on 5 July 2012.


François Hollande


By the President of the Republic:


The Prime Minister,

Jean-Marc Ayrault

Minister of Foreign Affairs,

Laurent Fabius

(1) These amendments entered into force on 1 January 2012.
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