Law No. 7 of 31 July 1990 for Romania's accession to the Convention on the Organisation for European telecommunications satellite "EUTELSAT" issuer PARLIAMENT Published in MONITORUL OFICIAL nr. 93-94 on 1 august 1990, the Parliament of Romania adopts this law.
Article 1 Romania accede to the European Convention concerning the Organisation of satellite telecommunications "EUTELSAT", done at Paris on 15 July 1982.
Article 2 communications Ministry will sign the agreement concerning the European Organisation for the exploitation of satellite telecommunications "EUTELSAT", entered into force on 1 September 1985, and will participate in the financial and economic activity of this organization, with the reflection of revenue and payments in the activity of international services benefits post and telecommunications.
This law was adopted by the Senate at its meeting of 26 July 1990.
Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU this law was adopted by the Assembly of deputies at its meeting of 28 July 1990.
The PRESIDENT of the ASSEMBLY of DEPUTIES MARTIAN D under article 13. 82 lit. m) of Decree-Law No. 92/1990 to elect the Parliament and President, promulgăm law Romania's accession to the Convention on the Organisation for European telecommunications satellite "EUTELSAT" and we have the following its publication in the Official Gazette.
ROMANIAN PRESIDENT ION ILIESCU Convention creating the Organization of European telecommunications satellite "EUTELSAT" *) — — — — — — — — — — — — — — — — — — — — — * Note) version.
PREAMBLE the States parties of the Convention, stressing the importance of satellite telecommunications for development of relations between the peoples and the economies in question, as well as their willingness to strengthen cooperation in this field, taking note of the fact that the European Organization of satellite telecommunication provisional "EUTELSAT CARETAKER" was created in order to exploit space systems segments of the European telecommunications satellite taking into account the relevant provisions of the Treaty relating to the principles within activity States of operations and the use of outer space, the Moon is cuprinzindu-and other celestial bodies, done at London, Moscow and Washington on 27 January 1967, wanting to continue commissioning of satellite telecommunications systems that would form part of a European network of telecommunications has improved in order to provide all participating States broader telecommunications services, without however to be repuna in the discussion of the rights and obligations of participating States to the agreement on the organisation of international telecommunications satellite "INTELSAT" concluded at Washington on 20 august 1971, or the Convention creating the Organization of international maritime satellite telecommunications "INMARSAT", done at London on 3 September 1976 , to provide decisive, for this purpose, through the most appropriate space telecommunications techniques at their disposal, the most effective and most economical, in any extent compatible with use of the most efficient and the most equitable of the radio-frequency spectrum and orbital space, have agreed as follows: Article 1 Definitions In the framework of this Convention: a the term "the Convention") designates the Convention creating the Organization of European telecommunications satellite "EUTELSAT" , including its preamble and annexes, opened for signature by the various Governments, in Paris, on 15 July 1982;
b) the expression "operating agreement" means the agreement concerning the European Organisation for the exploitation of satellite telecommunications "EUTELSAT", including its preamble and annexes, opened for signing in Paris on 15 July 1982;
(c) the expression "provisional) Agreement" means the agreement concerning the establishment of a European Organization of satellite telecommunication provisional "INTERIM" EUTELSAT, done at Paris on 13 May 1977 between the administrations of exploitation and private recognized deposited under the French administration;
d) the expression "agree ECS" means the additional agreement to the agreement concerning the provisional space segment of the telecommunications system of the fixed service satellite (ECS), concluded in Paris on 10 March 1978;
e) the term "party" means a State for which the Convention enters into force or is applied on a provisional basis;
f) the term "signer" means telecommunications or body part that has signed the agreement and for which the latter has entered into force or is applied on a provisional basis;
g) the expression "space segment" means an Assembly of telecommunications satellites and tracking facilities, tele-measurement, remote control, control, surveillance and other associated equipment required officials of these satellites;
h) the expression "space segment" of the EUTELSAT space segment designating the property rented by the latter or EUTELSAT in order to achieve the objectives referred to in paragraphs a), b), c) and (e)) of article III of the Convention;
I) the expression "telecommunications satellite system" means all those constituted a space segment and ground stations which have access to the space segment;
j) the term "telecommunications" means any transmission, emission or reception of signs, signals, writings, images, sounds or intelligence of any nature, by wire, radioelectricitate, optical or other electromagnetic systems;
k) the expression "public telecommunications services" means telecommunications services installed or which may be provided via satellite and can be accessed by the public, such as telephone, Telegraph, telex, facsimilul, data transfer, videotex, transmission of radio and television programs between ground stations have been approved for access to the space segment of EUTELSAT, for forwarding the subsequent to the public; transmissions from multiple services and leased circuits for any of these services;
e) the expression "telecommunications services" means telecommunications services other than those defined in paragraph k) of this article, which may be provided via satellite, including, without this list to be cumulative limitative, navigation services, broadcasting via satellite, space research, meteorological and destructive land resources.
Article 2 of the "EUTELSAT") Through this Convention the parties creates the European organisation of satellite telecommunications "EUTELSAT", called the "EUTELSAT".
b) each Party shall designate a body under public or private telecommunications over its jurisdiction to sign the operating agreement, if it does not sign the part herself.
c) Telecommunications Administrations and bodies may, subject to the application of their national law, to negotiate and to conclude agreements on direct traffic on the use that you will give the means of telecommunication provided pursuant to the Convention and operating Agreement, as well as public services, facilities, the distribution of revenue and trade provisions agreed.
d) relevant provisions of Annex A of the Convention is intended to ensure continuity between the activities of EUTELSAT and EUTELSAT'S INTERIM.
Article 3 field of activities of EUTELSAT EUTELSAT) has as its main mission the design, development, construction, installation, operation and maintenance of the space segment of the system or systems of the European telecommunications satellite. Within this framework, EUTELSAT has as prime lens offering space segment needed international public telecommunications services in Europe.
b) Segment of the EUTELSAT space can be used on the same basis as for public telecommunications services, international public telecommunications services in Europe, either separate regions legind territories beyond the jurisdiction of one party either regions which fall within the jurisdiction of the same parts but which are separated by an ocean.
c) to the extent that the fact impieteaza not on the fulfilment of the first objective of the EUTELSAT space segment of EUTELSAT can also be used for other public services of national or international telecommunications.
d) In conducting its business activities, respect the principle of non-EUTELSAT between signatories.
e) upon request and in accordance with appropriate ways, the space segment of existing or emerging EUTELSAT commissioning at the time of such request (s) can be used in Europe for international telecommunications services, or, as they are defined in paragraph 1 of article 1.) (I) of the Convention, but not for military purposes, provided that: (i) the provision of public services) of telecommunications not endure through this adverse effects;
provisions adopted them) to be acceptable in terms of technically and economically feasible.
f) EUTELSAT can provide upon request and in accordance with appropriate ways, satellites and related equipment of those of the space segment of the EUTELSAT: i) public telecommunications services;
them public telecommunications services);
III) telecommunications services other than those for military purposes, provided that the effective and economic operation of the space segment of EUTELSAT is not, under any circumstances, be adversely influenced.
g) EUTELSAT can undertake any research and experimentations in the areas directly related to its objectives.
Article 4 legal personality of EUTELSAT has legal personality).
b) full capacity of EUTELSAT has to exercise its functions and objectives may in particular: (i)) to enter into contracts;
to receive them), to rent, to hold and to yield to movable and immovable property;
III) call in judgment;
IV) to conclude agreements with States or international organizations.
Article 5 the financial Principles) is the owner or tenant EUTELSAT segment space of EUTELSAT and the owner of any other good collected by EUTELSAT. The signatories are responsible for the funding of EUTELSAT.
b) EUTELSAT is founded on a healthy economic and financial basis, in accordance with the principles unanimously accepted in commercial matters.
c) each signatory In EUTELSAT has a financial victory in proportion to its share of investment, this percentage from conforming to the total use of the space segment of the EUTELSAT by all signatories, determined in accordance with the provisions of the operating Agreement. At the same time, no signatory, even though its use of the space segment of EUTELSAT is void, cannot have a lower minimum investment investment quota fixed by the agreement.
d) Each signatory shall contribute to the capital needs of EUTELSAT and receive allowances and depreciation benefit under the agreement.
e) all users of EUTELSAT space segment pay user charges established according to the provisions of the Convention and the agreement.
I) for each type of use, usage fees are the same for all bodies of public or private telecommunications, for the territories under the jurisdiction of the parties, require a space segment capacity required of that type of use.
them) for public or private telecommunications are authorized to use the space segment of EUTELSAT in accordance with art. 16 of the operating Agreement for the territories beyond the jurisdiction of a party, the Board may fix different amounts to the signatories of those referred to in paragraph (i) above), but the same amount is applicable to these bodies for the same category of use.
f) Satellites and related equipment targeted at distinct paragraph f). III of the Convention may, by unanimous decision of the Council of the signatories, to be financed by EUTELSAT. If not, they are financed by those who make such a request in accordance with procedures laid down by the Council of the signatories, so to cover at least all costs incurred for the EUTELSAT; These expenses are not considered as forming part of the capital needs of EUTELSAT, so how are they defined in paragraph b) of article 6. 4 of the agreement. These satellites and related equipment are not part of the space segment of EUTELSAT, for the purposes of paragraph (h)). (I) of the Convention.
Article 6 the structure of EUTELSAT EUTELSAT) comprises the following bodies: i) Assembly parts them) the signatories iii) executive body headed by a director general.
b) every organ is acting within the limits of the powers conferred on it by the Convention or the agreement. No body does not act in such a way that to insult another body in terms of the powers conferred on it by the Convention or the agreement.
Article 7 Assembly of the parties and meetings of the composition) the Assembly of Parties shall be composed of all parties.
b) a party may completing another party to represent it at a meeting of the Assembly of parties, but neither side may not represent more than two other parties.
(c) the 1ère) ordinary Assembly of parties is convened by the Director general and takes place in the year following the date of entry into force of the Convention. Ordinary meetings are held and then every two years, excepţind situation where the Assembly of Parties decides in the context of an ordinary Assembly as an ordinary Assembly will next be held in another range.
d) can take parts Assembly and extraordinary meetings at the request of one or more of the parties, subject to be accepted by at least one third of the parties or at the request of the signatories. Any request for a special meeting shall be given.
(e) each Party shall cover its) its own representation costs during the meetings of the Assembly of parties. Expenses related to meetings of the Assembly of parties are regarded as forming part of the administrative expenditure within the limits of article 14 applies, EUTELSAT. 9 of the agreement.
Article 8 procedure of the Assembly of Parties) each Party shall have one vote in the Assembly of parties. Parties abstaining in the voting are considered as not voting.
b) decisions on questions of substance are taken following an affirmative vote issued by at least two-thirds of the Parties present or represented who voted. A part that represents the one or two other parts, applying the provisions of paragraph b) of art. 7, of the Convention, can vote separately for each part which they represent.
(c) Decisions concerning matters of) the procedure shall be adopted by a majority affirmative vote issued by simple vote of the Parties present, each disposing of one vote.
d) For any meeting of the Assembly of parties, a quorum consists of a majority of representatives of all parties, provided that at least one-third of all parties to be present.
e) Assembly of the parties to adopt its own regulation inside which must be in accordance with the provisions of the Convention and providing for Express: i) the mode of electing the President and other members of the Bureau;
them) procedure for convening its meetings;
III) provisions concerning representation and accreditation;
IV) voting procedures.
Article 9 Assembly of the parties) the Assembly of parties may be notified for all matters relating to the parties ' interests regarding EUTELSAT and performs the following functions: i) take into account the general policy and long-term objectives of EUTELSAT which are compatible with the principles, objectives and scope of activity of the EUTELSAT Convention and provided for expressing views or adopt recommendations for Board members;
Council recommends them) signatories the measures necessary to ensure that the activities of EUTELSAT to between conflicting with any general multilateral convention compatible with the Convention and to which joined at least simple majority of the parties;
III) issued on the basis of the General Regulation or by specific decision of the Council, on the recommendation of the signatories, authorization for the use of: (A) the space segment) EUTELSAT for specialized telecommunications services under paragraph (e)). (III) of the Convention;
B) offering satellites and related equipment, distinct from those of the space segment of EUTELSAT, for telecommunications services, in accordance with paragraph iii) of subparagraph (f)) of article. (III) of the Convention;
C) delivering satellites and related equipment, distinct from those of the space segment of EUTELSAT, public telecommunications services under paragraph 1. I) and of paragraph f)) of art. (III) of the Convention, States that are not parties and body under their jurisdiction;
IV) adopt decisions that we advertise other recommendations of the Board of the applicants and expressing their views concerning the reports are presented by the Board of the signatories;
v) applying provisions of paragraph a). XVI of the Convention, expressing their views concerning the purchase or use of the equipment in the space segment, other than those of the space segment of the EUTELSAT;
vi) acting in matters relating to official relations between EUTELSAT and States, whether or not they are parties or international organizations and, in particular, to endorse the agreement referred to in paragraph c establishment) of art. XVII of the Convention;
VII) examining complaints that are presented by the parties;
VIII) pursuant to the provisions of paragraph b) of article. XVIII of the Convention, adopt the decisions concerning the withdrawal of a party from EUTELSAT;
IX) decide on any proposal for the amendment to the Convention, in accordance with the provisions of article 3. XIX of the Convention, taking into account the views and recommendations of the Council of the signatories; under art. 22 of the operating Agreement, propose amendments to the agreement, expressing its points of view and formulate recommendations regarding amendments to the operating agreement proposed another path;
x) acting in connection with any application lodged under the provisions of paragraph e). XXIII of the Convention.
b) Assembly parts necessary to exercise the entire competence of prosecution targets and not the EUTELSAT assigned directly by the Convention of another body.
c) in exercising its functions, the Assembly of the parties taking into account all the relevant recommendations of the Council of the applicants.
Article 10 composition-Board of signatories) the Council shall be composed of members with advisers.
Each signer is represented on the Board of the signatories by a counselor.
b) A signatory can designate another signatory to represent him at a meeting of the signatories, but no Advisor may not represent more than two other signers.
Article 11 the Board of signatories-the procedure a) each signatory has a weighted vote corresponding to its investment part, subject to the provisions of paragraph b), c) and (d)) of this article.
Signatories of abstaining during voting are regarded as having voted.
b) until the first determination of investment based on use specified in paragraph (d)) of article 6. 6 of the agreement, part of the investment which corresponds to the weighted vote of a signer is determined according to Annex B of the agreement. After first determining the investment based on the use of quoted above, part of the investment which corresponds to the weighted vote of a signer is calculated according to the use of the space segment of the signatory to EUTELSAT, for public services of national and international telecommunications in addition to the exceptions referred to in paragraphs (c) and (d))) from this article.
c) no signatory has no more than 20% of the total weighted votes from EUTELSAT. At the same time, if the growth of investments decided on a voluntary basis by one of the Signatories until the commissioning of the extension referred to in subparagraph (d)) of article 6. 4 operating agreement increases throughout this period by no more than a vote or 5% of the 20% limit referred to in this subparagraph shall not be taken into consideration.
To the extent that the weighted vote of a signer of the voting share exceeds the maximum authorized, the surplus shall be distributed evenly among the other signers.
d) for the purposes of paragraph b) of this article, where a signatory shall benefit from a reduction or an increase in its investment part under paragraph (h)). 6 of the agreement, reducing or increasing proportionately applies to all kinds of use.
e each signer's vote Share), as defined in paragraph a above) is calculated based on the investment side determined pursuant to article 51. 6 of the agreement. Any new calculation of the weighting of the voting or apply from the date of a new determination of investment under paragraph (e)). 6 of the agreement.
f) At any meeting of members, a quorum shall consist either of simple majority councillors representing the applicants with the right to vote, provided that this majority to have at least two-thirds of the total voting weights of all applicants who have the right to vote, whether from councillors representing the totality of the members with voting rights less than three regardless of the total weighting of votes available to them.
g) Council signatories strives to take decisions unanimously. In the absence of unanimous agreement, decisions are taken in the following manner: i) without prejudice to special provisions in them) and iii) of this subparagraph, any decision on a substantive issue shall be adopted:-either by the affirmative vote of the Councillors who represent at least four signatories disposing of at least two-thirds of the total weighted votes of all members entitled to vote;
-by the affirmative vote of all signatories issued present or represented less than three, regardless of the total weighted votes available to the latter;
any decision on them) the increase of the limit of capital necessary to achieve the objectives set out in paragraphs a) and b) of art. (III) of the Convention shall be taken by an affirmative vote of at least a majority of the issued simply to signatories present or represented and disposing of at least two-thirds of the total weighted votes;
III any decision on increase) limit of capital required infaptuirii new programmes that involve capital investment necessary for meeting the objectives other than those referred to in paragraphs a) and b) of art. (III) of the Convention shall be taken by a vote in the affirmative, issued by at least two-thirds of the signatories of the present or represented and have at least two-thirds of the total weighted votes;
IV) any decision on a matter of procedure shall be taken by vote in the affirmative by most mere advisers present and vote, each disposing of a vote;
v) unless the decisions taken pursuant to the provisions of paragraph iv) of this paragraph, a Councillor representing yet one or two signatories, in accordance with paragraph b) of art. X of the Convention can vote separately for each signatory represents.
h) the Council adopts its regulation or its signatories, which must be in accordance with the provisions of the Convention and which must refer expressly in its provisions: i) elect the President and other members of the Bureau;
meetings convened by them);
III) representation and accreditation;
IV) voting procedures.
I may create) the Board members with consultative committees which help it to carry out its functions.
j) First meeting of the signatories is convened in accordance with paragraph 1 of Annex A of the agreement. The Council brings together whenever necessary, but no less than three times a year.
Article 12 the Council functions of the signatories) the Council is responsible for the conception of the applicants, the development, construction, location, purchase or acquisition through lease, operation and maintenance of the EUTELSAT space segment and all other activities that EUTELSAT is authorized to take.
b) the Council shall exercise the functions required of signatories to the fulfilment of the responsibilities incumbent on it by virtue of paragraph 1 of this article has), but mostly i) adopt plans, programmes, policy and procedures development, development, construction, placement, acquisition, exploitation and maintenance of the EUTELSAT space segment and all other activities that EUTELSAT is authorized to take;
procedures and adopt them) the rules governing the conclusion of transactions as well as the terms and conditions of such transactions and approve them on them;
III) adopt and implement provisions relating to the management, under which the Director-general will have to enter into contracts for the performance of operational and technical functions or any other functions when through it may have an advantage EUTELSAT;
IV) adopt general principles and procedures placed at the base of the acquisition, protection and authorization of exploitation rights relating to intellectual property, in accordance with the provisions of article 3. 18 of the operating Agreement;
v) adopt the policy to be followed in matters of finance and financial regulation, approve budgets and annual accounts, as well as general rules and specific decisions regarding the determination of fees for the use of the space segment of EUTELSAT, in accordance with art. V of the Convention and art. 8 operating agreement; takes decisions regarding any further financial problems, according to the provisions of the Convention and operating Agreement;
vi) adopt criteria and procedures for the approval of standardized ground stations for access to the space segment of EUTELSAT, to verify and control the operating characteristics of these ground stations and to coordinate access to the space segment of EUTELSAT and its use by those ground stations;
VII) approve non-standard station which may have access to the space segment of the EUTELSAT;
VIII) adopt the conditions that determine the spatial capacity segment assignment of EUTELSAT;
IX) determine the conditions for access to the space segment of EUTELSAT, applicable to the telecommunications bodies which are not under the jurisdiction of any of the parties, as provided in art. (III) of the Convention;
x) take decisions in connection with the conclusion of agreements on payments without coverage and, according to the provisions of article loans. 11 of the agreement operation;
XI) secure the internal rules and take decisions, in accordance with regulation radiocomunicatiilor of the International Union of Telecommunications regarding radio frequencies spectrum management and the efficient and economic use of space orbital, ensuring that the exploitation of EUTELSAT space segment or other satellites and related equipment provided by EUTELSAT, within the meaning of subparagraph (f)). (III) of the Convention, shall be carried out according to the provisions of regulation radiocomunicatiilor;
XII) subject to the Assembly's recommendation on the parties any authorisations referred to in paragraph 1. III) paragraph a, article) IX) of the Convention;
XIII) express the opinion or the Assembly of the parties, in accordance with paragraph a). XVI of the Convention, in connection with the purchase or use of the equipment in the space segment, distinct from those of the space segment of the EUTELSAT;
XIV) secures the internal rules and takes decisions on the coordination of space-related segment of the EUTELSAT with spatial segments of INTELSAT and INMARSAT, under the provisions of the agreements relating to these organizations;
XV) adopt measures as referred to in art. XVIII of the Convention and in article 13. 21 of the operating Agreement, withdrawal and showers;
16th) called the Director general may revoke it from Office; determine, on the recommendation of the Director-general, State and usage conditions of the entire staff of the Executive Body, in accordance with paragraph e). XIII of the Convention and endorse the appointment of the Director-general of senior officials employed directly by that authority;
XVII) shall designate a senior official of the executive body who will act as interim ceo, when the Director-general is absent or when you can't exercise your responsibilities, or when the position of director general is vacant;
XVIII) leads the negotiations with the party in whose territory is situated the headquarters of EUTELSAT in a headquarters agreement which privileges, exemptions and behave immunities referred to in paragraph c of article 1.) XVII of the Convention and subject to that agreement, the parties, for approval by the Assembly;
XIX) subject to regular reports to the Assembly on the activities of the parties EUTELSAT;
XX) supply any information requested by one of the parties or of one of the signatories in order to enable him to fulfil the obligations incumbent on it under the Convention or the agreement of exploitation;
XXI) shall appoint the arbitrator, except when it is EUTELSAT part in an arbitration;
XXII) expressing their views and make recommendations to the parties with regard to the Assembly's proposals for amendments to the Convention under paragraph a). XIX of the Convention;
XXIII) take decisions, in accordance with art. 22 operating agreement over proposals for amendments to the operating Agreement which are compatible with the Convention;
XXIV) shall examine applications for membership and formulate recommendations to the meeting of the parties, in accordance with paragraph (d)) of article 6. XXIII of the Convention.
c) in exercising its functions, the Council shall take into account the recommendations of the signatories and the views with which they are transmitted by the meeting of the parties, pursuant to art. (IX) of the Convention.
Article 13 of the Executive Body) the executive body is headed by a director general appointed by the signatories, the subject to be confirmed by the parties.
The depositary shall immediately notify the parties of the appointment of the Director general. The appointment is confirmed within a period of 60 days after notification, unless more than one third of the Parties shall notify in writing that they oppose. The Director general may take over the functions after his appointment, the date fixed by the Board of signatories and expects his appointment to be confirmed.
b) Director-general's term of Office is six years, unless the Council decides otherwise by the signatories.
c) the Council may order the cessation of the functions of signatories the Director general by means of a reasoned decision, before the conclusion of the mandate or and must appear before the Assembly of the parties of the reasons for its decision.
d) Director general is an official with the highest degree and legal representative of EUTELSAT; He is acting under the authority of the Council and its members is directly responsible in front of it to fully comply with the functions entrusted to it by the executive body.
e) the Director-general shall submit to the Council proposals relating to the applicants its structure, and the conditions for the use of staff of the Executive Body, as well as those relating to conditions of employment consultants and other advisers he hired.
f) general manager has the ability to appoint all staff to the executive body. The appointment of senior officials which depend directly on the authority of the Director-general must however be approved by the Council, in accordance with the provisions of paragraph 1 of the signatories. XVI) in paragraph b) of article. XII of the Convention.
g) if the post of director-general is vacant, or when he is absent or cannot exercise its responsibilities, the interim Director-general legally designated under paragraph 1. XVII) in paragraph (b)). XII of the Convention, shall have the powers conferred on the Director-general by Convention and operating Agreement.
h) dominant in the Recital of the Director general and the appointment of other officials from the executive body must be the need to achieve the highest levels of efficiency, competence and integrity.
(I) the Director general and staff) Executive Body shall refrain from any action incompatible with their responsibilities towards EUTELSAT.
Article 14 termination of the transaction) policy objectives regarding transactions EUTELSAT is likely to encourage, in the interest of the Organization, to the parties and signatories, as well as greater competition in the provision of goods and services, this being applied as prescribed. 17 and 18 of the agreement.
b) in the cases prescribed in article 21. 17 of the agreement, the goods and services necessary for EUTELSAT-s are obtained through the awarding of contracts, as a result of the takeover bid.
c) contracts are awarded with maximum benefits for EUTELSAT, licitatorilor which offers the best combination of quality, price, delivery time and other important criteria for EUTELSAT, being understood that, when several deals is a blend similar to the criteria mentioned above, contracts are awarded taking into account 6 into account general interests and industrial parts.
Article 15 the rights and obligations of the Parties and signatories) assumes the rights and obligations provided for by the Convention, while respecting fully the principles and provisions of the Convention and promoting Moldavian.
b) all parts and all the signatories can attend all conferences and meetings to which they are entitled to be represented in accordance with the provisions of the Convention and the agreement, and at any other meeting organised by EUTELSAT or under the auspices of his attire, according to EUTELSAT in relation to these meetings, no matter where they are held.
c) before any conferences or meetings except for selected state attire where the headquarters, the Executive Body shall ensure that the decisions taken by the party or signatory that makes the invitation for such a conference or meeting to include a clause relating to the admission and residence in the Member State where the said Conference or meeting, throughout the duration of the Administration, representatives of all parties and signatories have the right to participate.
d) where appropriate, the Parties shall take measures to all within their powers to prevent the use of the space segment EUTELSAT by ground stations which are not in conformity with article 4. 15 of the agreement.
Article 16 Other spatial segments of) any part or any signatory which intends, or is informed that a person subject to the jurisdiction of this part aims, individually or collectively, to install, to purchase or to use spatial segment equipment different from those of the space segment of the EUTELSAT to its needs in terms of public telecommunications services within the international service of EUTELSAT space segment , as defined in paragraphs a) and b) of art. (III) of the Convention, shall, prior to installation, use or acquisition of such equipment, to provide all the information based on the Assembly of the parties through the Board of signatories who decides whether or not there is a possibility of a considerable economic damage that could cause harm to EUTELSAT. The Council shall submit the report and conclusions of the signatories of its Assembly.
The Assembly of Parties shall submit their point of view or within a period of 6 months beginning with the date on which it is established procedure laid down in the previous paragraph. The Assembly of parties may be convened in extraordinary session for the purpose.
b) to give priority to Council members prepare and submit to the Assembly of the parts you need guidelines envisaged by any party and any signatory which intends, or is informed that a person subject to the jurisdiction of this part aims singly or in association, to put into operation equipment of the space segment of space segment of EUTELSAT to meet its needs in the field of public telecommunications services, national, or international or specialized telecommunications services, in order to ensure the compatibility of technical equipment and working with the use of the frequencies spectrum SAT radio and orbital space segment or existing or planned space.
c) this article does not apply to installation, or use of equipment belonging to a distinct space segment of those forming part of the EUTELSAT space segment, i.e. the: s) to which they belong or which must be part of the space segment of the INTELSAT space segment or of INMARSAT as are defined in the INTELSAT and INMARSAT Convention;
installed them) are only for purposes of national security.
Article 17 privileges, EUTELSAT Headquarters, exemptions and immunities) EUTELSAT Headquarters are located in Paris.
(b) authorized activities) within the framework of the Convention, his belongings SAT are exempt from the territory of all parties of any tax on income tax directly on the goods, as well as all customs duties on the telecommunications satellite, over their respective parts of the satellite and all equipment used in the space segment of EUTELSAT.
c) according to the Protocol set out in this paragraph, each Party shall grant privileges, exemptions and immunities required EUTELSAT, senior officials and his other servants specified in that protocol, to the parties and the representatives of the parties, signatories and representatives of the signatories, as well as persons who participate in the arbitration proceedings. Particularly, each Party shall grant to the persons referred to above, within the limits and in cases which shall be laid down in the Protocol referred to in this paragraph, immunity and jurisdiction for acts, writings or speeches of handled in the exercise of their functions and duties in their limits. The side in whose territory is situated the headquarters of EUTELSAT immediately conclude a headquarters agreement with EUTELSAT with respect to privileges, exemptions and immunities.
Such agreement shall contain a provision relating to exemption from any income tax on the amounts paid by EUTELSAT, the territory of that party, its members acting in this capacity, with the exception of the designated signatory of the side in whose territory is situated the EUTELSAT. And other parties shall conclude as soon as possible a protocol concerning the privileges, exemptions and immunities. The agreement and the Protocol provide for residence, each individually, the conditions on which they shall cease to exist; they are independent of the Convention.
Article 18 Withdrawal and suspension of any part) i) and any signatory may withdraw voluntarily at any time, from EUTELSAT;
them) part which withdraws its decision, in writing, notify the depositary. When a Party withdraws from any signatory, EUTELSAT, designated under paragraph b) of art. (II) of the Convention, is deemed to be withdrawn from the operating Agreement from the date on which the withdrawal takes effect to the party;
III) withdrawal of a signatory shall be notified in writing to the Director general by the party that appointed him and notification of the acceptance of the Act part of the decision to withdraw the signer. When a signatory to withdraw from EUTELSAT, the designated signatory concerned assumes itself, from the date of withdrawal, quality of the signatory, except that it shall designate a new signatory or withdraws from EUTELSAT;
IV) Any voluntary withdrawal from EUTELSAT with application of paragraph 1. I),), iii) of this paragraph shall enter into force three months after the date of receipt of the notification referred to above by the depositary or by the Director general, as appropriate.
b) i) If there are indications that one of the parties does not meets any one of the obligations incumbent on it under the terms of the Convention, the Assembly ask the parties, as a result of complaints or operating within its own initiative and after having examined all the explanations of the party concerned, may decide, if non-fulfilment of an obligation will be found as that to be deemed to be withdrawn from EUTELSAT. As of the date of such resolutions, the Convention ceases to be in force toward the cause. The Assembly of parties may be convened in extraordinary session for the purpose. When a party is deemed to have been withdrawn, as provided from EUTELSAT to this paragraph, the designated signatory of ea, in accordance with paragraph b) of art. (II) of the Convention, is deemed to be withdrawn from the agreement, the date on which the withdrawal takes effect on the party.
to them)) where a signatory, as they are not operating within-and meets one or more of his obligations under the Convention or the agreement, other than the one endorsed in paragraph a). 4 of the operating Agreement, and if not to fulfill that obligation within three months of a written notification, which was made by the executive body by means of a resolution of the signatories who had taken note of that failure, the signatory rights recognized by the Convention and operating Agreement are suspended automatically at the end of that three-month period. During any such suspension of its rights, the signatory continue to assume all obligations and responsibilities incumbent upon a signatory pursuant to the Convention and operating Agreement.
(B) after considering comments submitted) by a signatory or a party designated by the Council of the signatories can decide that the signer is considered retired from EUTELSAT and as at the date of its decision, operating Agreement ceases to be in force for the signer.
When a signatory is considered retired from EUTELSAT, the designated assumes itself, from the date of withdrawal, quality of the signatory, except in designating a new signatory or withdraws from EUTELSAT.
III)) where a signatory does not pay the amount due, pursuant to paragraph a). 4 operating agreement after three months following its due rights recognized by the Convention and signatory of the operating Agreement are automatically suspended. During the period of any such suspension of its rights, the signatory continue to assume all obligations and responsibilities incumbent upon a signatory pursuant to the Convention and operating Agreement.
B) If, within three months following the suspension were not paid all amounts owed to the applicants, the Council, having examined all explicatiilor presented by the signatory or party who appointed him or her, may decide that the signer to be considered retired from EUTELSAT and that, on the date of the decision, the agreement of exploitation shall cease to be in force towards the signer.
When a signatory is considered retired from EUTELSAT, the designated assumes herself to date of withdrawal, quality of the signatory, except that designated a new signatory or withdraws from EUTELSAT.
c) If, for any reason whatsoever, a party wishes to replace the signer that appointed him or her, or to nominate a new signer, it must notify the depositary in writing of its decision;
Convention and operating Agreement enter into force towards new signatory and cease to be in force against previous signer as soon as the new signatory assume all the obligations of signatory and neindeplinite signed the agreement.
d) party that withdrew or is deemed to be withdrawn from EUTELSAT to cease have any right of representation in the Assembly of parties and no longer assume any obligation or liability after the effective date of withdrawal, subject to the obligations arising from the acts or omissions which preceded that date.
e)) the signatory who has been withdrawn or considered withdrawn from operational agreement forfeit any right of representation on the Board of the signatories, and no longer assume any obligation or liability after the date of its actual subject to the obligation, where the Council decides otherwise, the signatories not to pay its share of contributions to the capital to make the face of contractual commitments expressly authorized before the date of withdrawal and of the obligations arising out of the facts or omissions which preceded that date.
financial regulation of them) at the time of the withdrawal of a signatory to EUTELSAT is carried out in accordance with the provisions of article 3. 21 of the agreement.
f) any notification of withdrawal, or any exclusion decision must be communicated immediately by the depositary or by the Director general, as appropriate, of all parties and signatories.
g) none of the provisions of this article shall not have the effect of prejudicing any competent law as party or signatory, which is retained after the effective date of withdrawal and for which he received no compensation under this article.
Article 19 Amendments to) either side may propose amendments to the Convention. Draft amendment are submitted by the Director-general who shall disseminate the text of the optimal time to all signatories. Must pass a three-month notice before the draft amendment to be examined by the Board members, who shall notify the parties of its Assembly and its recommendations within a period of six months from the date of broadcast of the draft amendment. Assembly of Parties not studying the draft amendment, than after six months from its receipt, taking into account the opinions and recommendations expressed by Council members. The Assembly of parties may, in one case, to reduce the length of this period by a decision taken in accordance with the procedure laid down for substantive issues.
b) if it is adopted by the meeting of the parties, the amendment shall enter into force on the one hundred and twenty days of receipt by the depositary of the notification of acceptance of that amendment from two thirds of the States which, at the date of its adoption by the Assembly of Parties shall constitute the parties and signatories that they represent at least two thirds of the parties. When it enters into force, the amendment becomes binding on all parties and all the signatories.
c) no amendment shall not enter into force less than eight months from the date of its adoption by the Assembly of parties. An amendment has not entered into force in accordance with paragraph b) of this article, after 18 months from the date of its adoption by the Assembly of parties is considered void.
Article 20 settlement of the dispute to any dispute between the parties) or between EUTELSAT and one or more parties concerning the interpretation or application of the Convention in paragraph c of article 1.) 15 or of paragraph c of article 1.) 16 operating agreement is submitted to arbitration in accordance with the provisions of Annex B of the Convention, if it could not be solved in any other way in a period of one year beginning with the date on which one of the parties to the dispute has notified the other party of its intention to resolve that dispute through good understanding. Similar disputes concerning the interpretation or application of this Convention or of the operating Agreement between one or more parties on one side and one or more signatories, on the other hand, may be subject to arbitration in accordance with the provisions of Annex B of the Convention, if the party or signatory parties and signatories in dispute or consenting to it.
b) any dispute concerning the interpretation and application of the Convention, paragraph c of article 1.) 15 or of paragraph c of article 1.) 16 of the agreement operation that occurs between a party and a State which has ceased to be a party to, or between EUTELSAT and a State which has ceased to be a party, after the time at which that State had ceased to be a party to, is submitted to arbitration under the provisions of Annex B of the Convention, if it could not be solved in any other way in the period of one year reckoned from the date on which a party to the dispute has notified the other party of its intention to resolve such disputes through good understanding, provided that the State which has ceased to be a party to agree to this.
If a State ceases to be a party to, or whether a State or a body of telecommunications cease to be signed after the submission to arbitration of a dispute in which participate in accordance with paragraph a) of this article, the arbitration procedure shall continue until the final solution.
(c) any dispute Resolution) concerning the interpretation or the application of the agreements between EUTELSAT and any party, other than a Convention or Agreement, is made in accordance with the provisions laid down in the agreement. In the absence of any such provision, such dispute, if it has not been solved in another way, it can be submitted to arbitration in accordance with the provisions of Annex B of the Convention, unless the parties to the dispute consent to it.
Article 21 reservations to signing) any State whose telecommunications administration or private exploitation is recognized or is entitled to become a signatory party to the agreement on a provisional basis can become part of the Convention: i) signature without it to be subject to ratification, acceptance or approval, or signature subject to ratification), acceptance or approval, followed by ratification, acceptance or approval , or iii).
b) Convention is open for signing in Paris, from July 15th, 1982 until the date of its entry into force; It still remains open to accession.
c) no State becomes a party to the Convention before the operating Agreement to be signed by Telecom's body that he has appointed or until the agreement signed by himself.
d) cannot be formulated no reserve toward the Convention or to the agreement.
Article 22 entry into force of the Convention) enters into force 60 days after the date on which two thirds of the States which, at the time of the opening for signature of the Convention, with jurisdiction over the parties signatory to the agreement, signed it, in accordance with paragraph a) para. I) of article XXI, have ratified it, they accepted it or have approved it, provided that: (i) the signatory or party) these signatories designated by them under the agreement to hold the ECS at least two-thirds of the shares parts of the funding under the agreement, and ECS) operating Agreement to be signed in accordance with paragraph b) of art. (II) of the Convention.
b) the Convention cannot enter into force in less than 8 months after the date on which it was opened for signature. The Convention does not enter into force if it could not be the subject of signature, ratification, acceptance or approval required by the provisions of paragraph 1 of this article has), in 18 months from the date when it was opened for signature.
c) when an instrument of ratification, acceptance, approval or accession is deposited after the entry into force of the Convention, the Convention shall enter into force for that State on the date of the instrument.
d) since its entry into force, the Convention shall be applied on a provisional basis to each State that has signed it subject to ratification, acceptance or approval and which made the request at the time of signature or at any time prior to its entry into force. Provisional application shall terminate: (i) either the filing date) an instrument of ratification, acceptance or approval by that State;
them) or at the expiry of the two years following the date of entry into force of the Convention if it has not been ratified, accepted or approved by that Member State;
III) or as notification by that State prior to the expiration of the period referred to in paragraph 1. them) of this paragraph, of its decision not to ratify, accept or approve the Convention.
If provisional application shall cease by virtue of para. them) or iii) of this paragraph, the provisions of paragraphs (d), (e))) and (g)). XVIII of the Convention determines the rights and obligations of the party and the signatory which she appointed him.
(e) any other provision) contrary to this article, the Convention shall enter into force towards any State and does not apply on a provisional basis against any State, so much, as long as the requirements of paragraph (c) of article 1.) XXI of the Convention have not been met.
f) at the time of its entry into force, the Convention supersede and terminate the agreement on a provisional basis.
At the same time, nothing in the Convention or the agreement on operation does not affect the rights or obligations that a party or a signatory it has accumulated previously signed as part of the agreement on a provisional basis or as a signatory of the ECS.
Article 23 Accession to) Any State whose telecommunications administration or recognized private exploitation was, or have the right to become, from the date on which the Convention was opened for signature, part of the agreement, signed may accede to the Convention as of the date on which it ceases to be open for signature until the expiration of a period of two years after the entry into force of the Convention.
b) reexamine c) and e) of this article shall apply to applications for membership coming from the following countries: i) a State whose telecommunications administration or recognized private operating or have the right to become, from the date on which the Convention was opened for signature, signed the agreement on a provisional party, but who has not become a party to the Convention in accordance with the provisions of paragraphs i) or paragraph a)) of article. XXI of the Convention or of paragraph a) of this article;
them) any other european State member of the International Telecommunications Union, which wishes to accede to the Convention after its entry into force.
c) any State wishing to accede to the Convention under the conditions set out in paragraph b) of this article (hereafter referred to as the requesting State) shall notify in writing to the Director-general and sends it with all the information which the applicants might be asked in relation to how it proposes to utilize the space segment of EUTELSAT.
d) Council members examined technically, financially and in terms of operation, compatibility of application for membership to the interests of the requesting State with EUTELSAT and with those of the applicants in the field of activities of EUTELSAT and submit a recommendation to the Assembly of parties in connection therewith.
e) having regard to the recommendation, the Assembly of Parties shall take a decision on the request of the requesting State within the next six months from the date on which Council members decided that holds all the information required pursuant to paragraph (c) of this article).
Council decision of the signatories shall be communicated without delay to the Assembly of parties. Decision of the Assembly of Parties shall be taken by secret ballot, in accordance with the procedure relating to decisions on matters of substance. To this end can be called an extraordinary session of the Assembly of parties.
f) Director general will notify the requesting State the conditions for accession laid down by the Assembly of parties. These terms of membership shall be subject to the protocol annex to the instrument of accession States in case it submitted to the depositary.
Article 24 Responsibilities no part shall not attract individual responsibilities and obligations for EUTELSAT, except where such obligation arises from a treaty in which a certain proportion and claim damages State are parties. In this case the side SAT pays out claims it paid, unless that party has undertaken specifically to assume such responsibility only.
Miscellaneous Provisions article 25 a) official languages of work within the EUTELSAT are French and English.
b) EUTELSAT given directives collaborates General Assembly parties on issues of common interest with the United Nations and its specialized institutions, in particular with the International Telecommunications Union, as well as with other international organizations.
in accordance with the provisions of Resolution c) 1721 (XVI) of the United Nations General Assembly, EUTELSAT for information addressed to the Secretary-General of the United Nations and specialized institutions concerned, an annual report on its activities.
Article 26 Depositary of the Government of the French Republic) is the depositary of the Convention under the auspices of which are deposited the instruments of ratification, acceptance, approval or accession, applications for provisional application, as well as notifications of ratification, acceptance or approval of amendments, the decisions to withdraw from EUTELSAT or of termination of the provisional application of the Convention.
b) Convention is deposited in the archives of the depositary. It shall forward certified copies in accordance with the Convention to all States which have signed it or who deposited their instruments of accession, as well as the International Telecommunications Union.
c) Depositary as soon as possible inform all States which have signed the Convention or acceded to it, all the signatories, as well as, if necessary, International Telecommunications Union:
I) about any signature of the Convention;
about filing them) any instrument of ratification, acceptance, approval or accession;
III) about the start of the period of 60 days referred to in paragraph a, article) XXII of the Convention;
IV) about the entry into force of the Convention;
v) of any request for provisional application pursuant to paragraph (d)) of article. XXII of the Convention;
vi) Director-general, about the appointment of any objection relating to it, and the confirmation of his appointment as referred to in paragraph a). XIII of the Convention;
VII) about the adoption and entry into force of any amendment to the Convention;
VIII) any notice of withdrawal;
IX) any decision of the Assembly of Parties referred to in paragraph b) of article 6. XVIII of the Convention when a party is deemed to be withdrawn from EUTELSAT;
x) any decision of the Council of the applicants under paragraph b) of art. XVIII of the Convention when a signer is considered retired from EUTELSAT;
XI) any substitution of signatory complying with paragraphs (b) and (c))) of art. XVIII of the Convention;
XII) about any suspension and about any restitution of rights;
XIII) about other notifications and communications having relation to the Convention.
d) at the time of entry into force of the Convention, the depositary shall transmit a certified copy to conform to the Convention and operating agreement with the Secretariat of the United Nations for registration and publication, in accordance with the provisions of article 3. 102 of the Charter of the United Nations.
In witness whereof, in full knowledge of the case, the undersigned representatives, duly empowered to this effect by their respective Governments, have signed this Convention. Member States to the EUTELSAT: R.F.G., Austria, Belgium, Cyprus, Denmark, Spain, Finland, France, Greece, Iceland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Norway, Netherlands, Portugal, United Kingdom, San Marino, Sweden, Switzerland, Turkey, Vatican City, Yugoslavia.
Opened for signature at Paris, in a single copy, in the fifteenth day of July 1982, in English and French languages, both texts being authentic.
Annex transitional provisions 1. The continuity of the activities) any agreement passed by virtue of the agreement EUTELSAT INTERIM or provisional Agreement ECS and which is in force on the date when the last two agreements mentioned above have ended remains in effect unless and until it is amended or cancelled in accordance with the provisions of that agreement. Any decision taken by virtue of the agreement EUTELSAT INTERIM or provisional Agreement ECS and which is in force on the date when the last two agreements mentioned above have ended remains in force, excepţind if and until it is amended or annulled decision by the Convention or the agreement or as a result of their application.
b) If, at the time the agreement Agreement provisional and ECS, an organ taken end of the EUTELSAT employee but not INTERIM has completed an action that has been subject to authorizations or which is required under the agreement or the Agreement provisionally ECS, Council members shall replace this body in order to carry out this action at the end.
2. Management of Starting from the date) the entry into force of the Convention, the entire staff of a permanent general secretariat established under article 13. 9 of the provisional Agreement is entitled to be transferred to the executive body of EUTELSAT, subject to the provisions of paragraph (f)). XIII of the Convention.
c) Secretary-General INTERIM assumes the tasks of EUTELSAT first ceo until their entry into Office.
3. The transfer of the functions of the Administration at EUTELSAT authorized) at the beginning of Counting period of 60 days referred to in paragraph a of article.) XXII, of the Convention, the Secretary-General shall inform the authorized INTERIM administration SAT about the date on which the Convention enters into force and terminate the existence of the provisional agreement.
b) the Secretary-General shall take all INTERIM measures EUTELSAT to ensure the transfer of all rights at EUTELSAT and obligations delegated administration in his capacity as legal representative of EUTELSAT'S ACTING.
Annex B Arbitration Procedure 1. A Court of arbitration shall be established according to the provisions of the following paragraphs, to decide on any dispute referred to in art. XX of the Convention or at art. 20 of the agreement.
2. Any party to the Convention may join one or other of the parties to the dispute under arbitration.
3. the Arbitration Tribunal shall consist of three members. Each Party shall appoint an arbitrator to settle the dispute within a period of two months from the date of receipt of the demand issued by one of the parties, to refer the dispute to arbitration. When art. XX of the Convention and art. 20 of the operating Agreement, the parties consent to heaven that the dispute be submitted to arbitration, the period of two months shall be calculated from the date of that agreement. The first two arbitrators shall designate within a time limit of two months from the date of the appointment of the second arbitrator, the third arbitrator who shall preside over the Arbitration Tribunal. If one of the two referees was not appointed within the period required, he shall be appointed, at the request of one or other of the parties, the President of the International Court of Justice, or in the event of disagreement between the parties, the Secretary-General of the Permanent Court of arbitration. The same procedure applies if the President of the Court of arbitration was not appointed within the period specified.
4. the Arbitration Tribunal shall elect its premises and shall adopt its rules or inside.
5. Each Party shall take the responsibility to the arbitrator's expenses which appointed him or her, as well as the costs of representation before the Court. The President of the Arbitration Tribunal costs are divided equally between the parties to the dispute.
6. The verdict of the Court of arbitration shall be the date of the majority of members, who can't refrain from voting.
That the verdict is final and binding on the parties to the dispute. The decision is not susceptible of appeal. The Parties shall comply with the call for an arbitration decision. In case of dispute concerning the meaning or the scope of the decision of the Arbitration Tribunal, she performs at the request of any of the parties to the dispute.
AMENDMENT NO. 1 at the "EUTELSAT" Intergovernmental Conference-PARIS, 15 December 1983 the signatory States of the Convention, the Organization's founding European telecommunications satellite (EUTELSAT), taking into consideration the Convention establishing the European Organization's telecommunications satellite (EUTELSAT), opened by the signing in Paris on 15 July 1982, and in particular article 7. XXII of this Convention, constatind as acceptarile, ratificarile, signatures or endorsements required for the entry into force of the Convention may not be met before the expiry of 18 months from the end of which, in accordance with the provisions of art. XXII, paragraph b) of the Convention has not entered into force, desiring that the entry into force of the Convention to take place as soon as possible, have agreed as follows: article 1 The phrase 12th paragraph b) of art. XXII, of the Convention, the words "18 months" are replaced by the words "36 months".
Article 2 this amendment of the Convention shall enter into force on the date of entry into force of the Convention.
Done at Paris on 15 December 1983, the French and English languages, both texts and forms are equivalent to the original one.