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Law No. 7 Of 31 July 1990 For Romania's Accession To The Convention On The Organisation For European Telecommunications Satellite "eutelsat"

Original Language Title:  LEGEA nr. 7 din 31 iulie 1990 pentru aderarea României la Convenţia privind Organizaţia europeană de telecomunicaţii prin satelit "EUTELSAT"

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LAW no. 7 7 of 31 July 1990 for the accession of Romania to the Convention on the European Satellite Telecommunications Organization "EUTELSAT"
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 93 93-94 of 1 August 1990



The Romanian Parliament adopts this law + Article 1 Romania accedes to the Convention on the European Satellite Telecommunication Organization "EUTELSAT", concluded in Paris on 15 July 1982. + Article 2 The Ministry of Communications will sign the Operation Agreement on the European Satellite Telecommunication Organization "EUTELSAT", which entered into force on September 1, 1985, and will participate in the economic and financial activity of this organization, with the reflection of receipts and payments in the own activity of international mail and telecommunications services. This law was passed by the Senate at its meeting on July 26, 1990. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU This law was passed by the Assembly of Deputies at its meeting on July 28, 1990. PRESIDENT OF THE ASSEMBLY MARTIAN DAN By virtue art. 82 lit. m) of Decree-Law no. 92/1990 for the election of the Romanian Parliament and President promulgam the Law for the Accession of Romania to the Convention on the European Satellite Telecommunications Organization "EUTELSAT" and we have its publication in the Official Gazette. ROMANIAN PRESIDENT ION ILIESCU CONVENTION on the creation of the European Satellite Telecommunication Organization "EUTELSAT" *) --------------------- Note * *) Translation. PREAMBUL States Parties to this Convention, emphasizing the importance of satellite telecommunications for the development of relations between the respective peoples and economies, as well as their desire to strengthen cooperation in this field, Taking note of the fact that the European Provisional Satellite Telecommunication Organization "EUTELSAT INTERIM" was created in order to exploit the space segments of the European satellite telecommunications systems, Having regard to the relevant provisions of the Treaty on the principles underlying the work of the States relating to the exploitation and use of the extraatmospheric space, including the Moon and other celestial bodies, concluded in London, Moscow and Washington on 27 January 1967, wishing to continue the commissioning of satellite telecommunications systems to be part of a European telecommunications network, to provide all participating states with wider telecommunications services, without However, the rights and obligations of the States participating in the Agreement on the International Satellite Telecommunication Organization "INTELSAT" concluded in Washington on 20 August 1971, or the Convention on the Creation of International Satellite Telecommunication Organization "INMARSAT", concluded at London on 3 September 1976, decide to provide, for this purpose, through the most appropriate space telecommunications techniques available to them, the most effective and most economical means, to any extent compatible with the most efficient and most efficient use equitable spectrum of radio frequencies as well as orbital space, have agreed the following: + Article 1 Definitions Under this Convention: a) the term "convention" means the Convention on the creation of the European Satellite Telecommunication Organization "EUTELSAT", including its preamble and annexes, opened for signature by various governments in Paris on 15 July 1982; b) the expression "exploitation agreement" means the exploitation agreement on the European Satellite Telecommunication Organization "EUTELSAT", including its preamble and annexes, opened in Paris on 15 July 1982; c) the expression 'provisional agreement' means the Agreement establishing a European provisional satellite telecommunications organisation 'EUTELSAT INTERIM', concluded in Paris on 13 May 1977 between recognised private operating administrations, competent and submitted to the French administration; d) the expression 'ECS Agreement' means the Additional Agreement to the Provisional Agreement on the Space Segment of the Fixed Service Satellite Telecommunication System (ECS), concluded in Paris on 10 March 1978; e) the term "party" means a State for which the Convention has entered into force or is applied on a provisional basis; f) the term 'signatory' means the telecommunications body or the party which has signed the Agreement on exploitation and for which the latter has entered into force or is applied on a provisional basis; g) the expression "space segment" means a set of telecommunications satellites as well as tracking installations, telemasure, remote control, control, surveillance and other associated equipment, necessary for the operation of these satellites; h) the expression "space segment" of EUTELSAT designates the space segment of the property of EUTELSAT or rented by it for the purposes of achieving the objectives cited in paragraphs a), b), c) and e) of Article III of the Convention; i) the expression "satellite telecommunication system" means the ensemble set up by a space segment and the ground stations that have access to this space segment; j) the term "telecommunications" means any transmission, transmission or reception of signs, signals, writings, images, sounds or information of any kind, by wire, radio electricity, optics or other electromagnetic systems; k) the expression "public telecommunications services" means the fixed or mobile telecommunications services that can be provided by satellite and to which the public can access, such as telephone, telegraph, telex, facsimile, data transmission, the videotex, transmission of radio and television programs between approved ground stations to access the space segment of EUTELSAT, in order to transmit further to the public; multiple service transmissions as well as circuits rented for any of these services; e) the expression "specialised telecommunications services" means telecommunications services, other than those defined in paragraph k) of this Article, which may be provided by satellite, including, without this list being limited, radio navigation services, satellite broadcasting, space research, meteorology and terrestrial remote sensing. + Article 2 Creation of "EUTELSAT" a) By this Convention the Parties shall establish the European Satellite Telecommunication Organization "EUTELSAT", hereinafter referred to as "EUTELSAT". b) Each Party shall designate a public or private telecommunications body on its jurisdiction to sign the Exploitation Agreement, if this party does not sign it itself. c) Telecommunication administrations and bodies may, subject to the application of their national law, negotiate and conclude directly the traffic agreements on the use they will give to the means of telecommunications provided by virtue of the Convention and the Operating Agreement, as well as the services to the public, the installations, the distribution of the proceeds and the agreed d) The relevant provisions of Annex A of the Convention aim to ensure continuity between the activities of EUTELSAT INTERIM and EUTELSATs. + Article 3 Scope of EUTELSAT activities a) EUTELSAT has as its main mission the conception, the setting up, the construction, installation, operation and maintenance of the space segment of the system or of the European satellite telecommunications systems. In this framework, EUTELSAT aims to provide the necessary space segment for international public telecommunications services in Europe. b) The space segment of EUTELSAT can be used on the same basis as for public international telecommunications services, for public national telecommunications services in Europe, linking either separate regions of territories that do not pertain to the jurisdiction of a single party or regions falling within the jurisdiction of the same party but which are separated from the ocean. c) To the extent that the fact does not encroach on the achievement of the first objective of EUTELSAT, the space segment of EUTELSAT may also be used for other national or international public telecommunications services. d) In carrying out its activities, EUTELSAT respects the principle of non-discrimination between signatories e) On request and in accordance with appropriate modalities, the space segment of EUTELSAT existing or in the process of commissioning at the time of such a request can be used in Europe for specialized international telecommunications services or national, as defined in paragraph 1) of art. I of the convention, but not for military purposes, subject to that: i) providing public telecommunications services not to suffer through this adverse effects; ii) the provisions adopted are technically and economically acceptable. f) EUTELSAT may provide on request and in accordance with appropriate modalities, satellites and related equipment distinct from those of the space segment of EUTELSAT for: i) public services of national telecommunications; ii) public international telecommunications services; iii) specialized telecommunications services, other than those for military purposes, provided that the efficient and economic exploitation of the space segment of EUTELSAT is not, in any case, adversely influenced. g) EUTELSAT can undertake any research and experimentation in the fields directly related to its objectives. + Article 4 Legal personality a) EUTELSAT has legal personality. b) EUTELSAT has full capacity to perform its functions and achieve its objectives by being able in particular: i) to conclude contracts; ii) receive, rent, own and cede movable and immovable property; iii) to sue; iv) to conclude agreements with states or international organizations. + Article 5 Financial principles a) EUTELSAT is the owner or tenant of the space segment of EUTELSAT and owner of any other good acquired by EUTELSAT. Signatories have the responsibility of funding EUTELSAT. b) EUTELSAT is founded on a healthy economic and financial basis, according to the unanimously accepted principles of trade. c) In EUTELSAT each signatory has a financial gain in proportion to its share of investment, corresponding to its own percentage of the total use of the space segment of EUTELSAT by all signatories, determined in accordance with the provisions of The exploitation agreement. At the same time, no signatory, even if its own use of the space segment of EUTELSAT is null and void, cannot have a lower investment share of a minimum investment rate fixed by the Operating Agreement. d) Each signatory shall contribute to the capital needs of EUTELSAT and shall receive depreciation and benefit allowances under the Operating Agreement. e) All users of the space segment of EUTELSAT pay usage fees established according to the provisions of the Convention and the Operating Agreement. i) For each type of use, the user charges are identical for all public or private telecommunications bodies which, for the territories under the jurisdiction of the parties, require a space segment capacity necessary for that type of use. ii) For public or private telecommunications bodies that are authorized to use the space segment of EUTELSAT according to the provisions of art. 16 of the Exploitation Agreement for territories which do not pertain to the jurisdiction of a party, the Board of Signatories may fix amounts different from those referred to in paragraph i) above, but the same amount is applicable to those bodies for a same category of use. f) Satellites and related related equipment referred to in paragraph f) of art. III of the Convention may, by unanimous decision of the Council of Signatories, be financed by EUTELSAT. If not, they are financed by those who make such a request according to the modalities fixed by the Board of Signatories, so that they cover at least all the expenses incurred for this by EUTELSAT; these expenses are not considered as making part of the capital needs of EUTELSAT, as defined in paragraph b) of art. 4 4 of the Operating Agreement. These satellites and related equipment are not part of the space segment of EUTELSAT, within the meaning of paragraph h) of art. I from the convention. + Article 6 Structure of EUTELSAT a) EUTELSAT comprises the following organs: i) ii) Board of signatories iii) An executive body headed by a managing director. b) Each organ shall act within the limits of the powers conferred upon it by the Convention or by the Agreement. No organ shall act in such a way as to damage another organ in respect of the powers conferred upon it by the Convention or by the Exploitation Agreement. + Article 7 Assembly of parts-composition and meetings a) The Assembly of the Parties shall consist of all parties. b) One party may task another party to represent it at a meeting of the Assembly of the Parties, but neither party may represent more than two other parties. c) The first ordinary meeting of the Assembly of the Parties shall be convened by the Director General and shall take place in the year following the date of entry into force of the Convention The ordinary assemblies shall then be held every two years, unless the Assembly of the Parties decides at an ordinary meeting that the next ordinary assembly will take place at another interval. d) The Assembly of the Parties may also hold extraordinary meetings at the request of one or more parties, subject to acceptance of at least one third of the Parties, or at the request of the Board of Signatories. Any request for an extraordinary meeting must be reasoned. e) Each Party shall cover its own representation expenses during the meetings of the Assembly of the Parties. Expenses related to meetings of the Assembly of the Parties shall be considered as part of the administrative expenses of EUTELSAT within the limits of the application of 9 9 of the Operating Agreement. + Article 8 Assembly of parties-procedure a) Each Party shall have a vote in the Assembly of Parties. The parties that abstain in the course of a vote are considered as if they did not vote. b) Decisions on substantive issues are taken following an affirmative vote issued by at least two thirds of the parties present or represented, who voted. A party representing one or two other parties, applying the provisions of paragraph b) of art. 7 7 of the Convention, may vote separately for each party it represents. c) The decisions on procedural issues shall be adopted by an affirmative vote issued by the simple majority of the parties that vote, each having one vote. d) For any meeting of the Assembly of the Parties, the quorum shall consist of representatives of the simple majority of all parties, provided that at least one third of all parties are present. e) The Assembly of the Parties shall adopt its own internal regulation, which must comply with the provisions of the Convention and i) the choice of the President and the other members of the Office; ii) the procedure for convening its meetings; iii) provisions on representation and accreditation; iv) voting procedures. + Article 9 Assembly of parts-functions a) The Assembly of the Parties may be notified for all matters concerning EUTELSAT concerning the interests of the Parties and shall exercise the following functions: i) take into consideration the general policy and long-term objectives of EUTELSAT which are compatible with the principles, objectives and scope of the EUTELSAT set out in the Convention and express their views or adopt recommendations for the Council of Signatories; ii) advise the Council of the signatories of the measures necessary to prevent the activities of EUTELSAT from conflict with any general multilateral convention compatible with the Convention and to which at least the simple majority of the parties has acceded; iii) issue on the basis of general regulation or by specific decision, on the recommendation of the Council of Signatories, authorizations concerning A) the use of the EUTELSAT space segment for specialized telecommunications services according to paragraph e) of art. III of the Convention; B) the offering of satellites and related equipment, distinct from those of the space segment of EUTELSAT, for specialized telecommunications services, according to paragraph iii) of the paragraph f) of art. III of the Convention; C) offering satellites and related equipment, distinct from those of the space segment of EUTELSAT, for public telecommunications services according to par. i) and ii) of the paragraph f) of art. III of the Convention, to States which are not parties and to any body under their jurisdiction; iv) adopt decisions that other recommendations of the Council of Signatories require and express their views on the reports presented by the Board of Signatories; v) applying the provisions of paragraph a) of art. XVI of the Convention, expresses its views on the location, purchase or use of equipment in the space segment, other than those of the space segment of EUTELSAT; vi) decides on the issues related to official relations between EUTELSAT and the States, whether or not they are parties, or international organizations and, in particular, approve the headquarters agreement referred to in paragraph c) of art. XVII of the Convention; vii) examine the complaints submitted by the parties; viii) by virtue of the provisions of paragraph b) of art. XVIII of the Convention, shall adopt the decisions on the withdrawal of part of EUTELSAT; ix) decides in connection with any proposal for amendment to the Convention, as provided for in art. XIX of the convention, taking into account the views and recommendations of the Council of signatories; according to art. 22 of the Exploitation Agreement, proposes amendments to the Exploitation Agreement, expresses its views and makes recommendations on amendments to the proposed Exploitation Agreement in another way; x) decides in relation to any application for accession presented in accordance with the provisions of paragraph e) of art. XXIII of the convention. b) The Assembly of the Parties shall exercise the full competence necessary to pursue the objectives of EUTELSAT and which is not directly assigned by the Convention to another body. c) In the exercise of its functions, the Assembly of the Parties shall take into account all relevant recommendations of the signatories + Article 10 Signatory Council-composition a) The signatories ' council is made up of councillors. Each signatory shall be represented on the Board of Signatories by an adviser b) A signatory may designate another signatory to represent him at a meeting of the Board of Signatories, but no adviser may represent more than two other signatories. + Article 11 Signatory Council-procedure a) Each signatory shall have a weighted vote corresponding to its investment party, subject to the application of the provisions of paragraphs b), c) and d) of this Article. The signatories who abstain in the course of a vote are considered as if they had voted. b) Pina at the first determination of the investment parties based on the use specified in paragraph d) of art. 6 6 of the Exploitation Agreement, the investment party to which the weighted vote of a signatory corresponds is determined according to Annex B of the Operating Agreement. After the first determination of the investment parties based on the use cited above, the investment party to which the weighted vote of a signatory corresponds is calculated according to the use of the space segment of EUTELSAT by that signatory, for international and national public telecommunications services outside the exceptions specified in paragraphs c) and d) of this Article. c) No signatory shall have more than 20% of the total weighted votes of EUTELSAT. At the same time, if the increase of the investment party voluntarily decided by one of the signatories until the extension mentioned in paragraph d) of art. 4 of the Exploitation Agreement increases during this period the vote or by a maximum of 5% the limit of 20% provided for in this paragraph shall not be taken into consideration. In so far as the weighted vote of a signatory exceeds the maximum authorized share of voting, the surplus shall be spread equally among the other signatories. d) For the purpose of applying paragraph b) of this Article, if a signatory benefits from a reduction or an increase of its investment party according to paragraph h) of art. 6 of the Operating Agreement, the reduction or the increase shall apply proportionally to all types of use. e) The share of the vote of each signatory, defined in the paragraph a) above, is calculated according to the investment part determined according to art. 6 6 of the Operating Agreement. Any new calculation of the share of the vote or applies from the date of making a new determination of the investment parties according to the paragraph e) of art. 6 6 of the Operating Agreement. f) At any meeting of the Board of Signatories, the quorum shall be constituted, either from advisors representing the simple majority of voting signatories, provided that this majority has at least two-thirds of the total voting by all signatories entitled to vote, or from councillors representing the totality of the signatories with the right to vote less than three, regardless of the total voting weights available to the latter. g) The Board of Signatories shall endeavour to take the decisions unanimously. In the absence of unanimous agreement, the decisions are taken as follows: i) without prejudice to the special provisions laid down in paragraphs ii) and iii) of this paragraph, any decision on a substantive issue shall be adopted: -either by the affirmative vote of the councillors representing at least four signatories having at least two thirds of the total weighted votes of all the signatories with the right to vote; -either by the affirmative vote issued by the totality of the signatories present or represented less than three, regardless of the total of the weighted votes available to the latter; ii) any decision on increasing the limit of capital necessary to achieve the objectives set out in paragraphs a) and b) of art. III of the Convention is taken by the affirmative vote issued by at least the simple majority of the signatories present or represented and having at least two thirds of the total weighted votes; iii) any decision regarding the increase of the capital limit necessary for the implementation of new programs involving capital investments necessary to satisfy certain objectives of those specified in subparagraphs a) and b) of art. III of the Convention shall be taken by an affirmative vote issued by a minimum of two thirds of the signatories present or represented and having at least two thirds of the total weighted votes; iv) any decision on a matter of procedure is taken following the affirmative vote issued by the simple majority of the councillors present and voting, each with a vote; v) in addition to the case of decisions taken according to the provisions of paragraph iv) of this paragraph, an adviser who represents another one or two signatories, according to the provisions of paragraph b) of art. X of the Convention may vote separately for each signatory it represents. h) The Board of Signatories shall adopt its internal rules, which must comply with the provisions of the Convention and which must be expressly referred to in its provisions: i) the choice of the president and other members of the office ii) convening meetings; iii) representation and accreditation; iv) voting procedures. i) The signatories ' council can create the advisory committees to help it perform its functions. j) The first meeting of the Board of Signatories shall be convened in accordance with paragraph 1 of Annex A of the Exploitation Agreement. The Council meets whenever necessary, but not less than three times a year. + Article 12 Signatory Council-functions a) The signatories ' board is charged with the design, the setting up, the construction, the location, purchase by purchase or hire, operation and maintenance of the space segment of EUTELSAT and all other activities that EUTELSAT is authorised to take them. b) The Board of Signatories shall exercise the functions necessary for the fulfilment of its responsibilities by virtue of paragraph a) of this Article, but in particular: i) adopt the policy, plans, programmes and procedures necessary for the design, implementation, construction, location, acquisition, operation and maintenance of the space segment of EUTELSAT and for all other activities that EUTELSAT is authorized to undertake them; ii) adopt the procedures and regulations governing the conclusion of transactions as well as the terms and conditions of these transactions and approve them; iii) adopt and implement the management provisions, on the basis of which the Director-General will have to conclude contracts for the exercise of technical and operating functions or any other function when through this EUTELSAT can have an advantage; iv) adopt the general principles and procedures at the basis of the acquisition, protection and authorization of the exploitation of intellectual property rights, according to the provisions of art. 18 18 of the Operating Agreement; v) adopt the policy to be followed in matters of finance and financial regulation, approve the budgets and annual financial states, as well as the general rules and specific decisions on the periodic determination of the use of the segment space of EUTELSAT, as provided for in art. V of the convention and art. 8 of the Exploitation Agreement; takes decisions relating to any other financial problems, according to the provisions of the Convention and the Operating Agreement; vi) adopt the criteria and procedures for the approval of standardized ground stations, for access to the space segment of EUTELSAT, for the verification and control of the operating characteristics of these ground stations and for the coordination of access to the space segment of EUTELSAT and its use by these ground stations; vii) approve non-standard ground stations which may have access to the space segment of EUTELSAT; viii) adopt the conditions that determine the capacity of the EUTELSAT space segment; ix) determine the conditions of access to the space segment of EUTELSAT, applicable to telecommunications bodies that are not under the jurisdiction of any party, according to the provisions of art. III of the Convention; x) takes decisions in connection with the conclusion of agreements on uncovering payments and loans, according to the provisions of art. 11 11 of the Operating Agreement; xi) fixes the general internal rules and takes decisions which, according to the Radio Regulations of the International Telecommunication Union on the management of radio spectrum and the efficient and economic use of orbital space, give assurance that the operation of the space segment of EUTELSAT or other satellites and related equipment provided by EUTELSAT, within the meaning of the provisions of paragraph f) of art. III of the Convention, according to the provisions of the Radio Regulations; xii) submits to the Assembly of the Parties any recommendation on the authorisations referred to iii) paragraph a) of art. ix) of the Convention; xiii) expresses the opinion or Assembly of the Parties, according to paragraph a) of art. XVI of the Convention, in connection with the location, purchase or use of equipment in the space segment, distinct from those of the space segment of EUTELSAT; xiv) fix the general internal rules and make decisions on the coordination of the space segment of EUTELSAT with the spatial segments of INTELSAT and INMARSAT, according to the provisions of the agreements relating to these organizations; xv) adopt the measures provided in art. XVIII of the Convention and Art. 21 of the Exploitation Agreement, on withdrawals and suspensions; xvi) appoints the general manager and can revoke him from office; determines, on the recommendation of the general manager, the staff of the state and the conditions of use of all the personnel of the executive body, according to the paragraph e) of art. XIII of the Convention and approves the appointment by the Director-General of senior officials who depend directly on his/her authority; xvii) designate a senior official of the executive body who will act as acting director-general, when the director-general is absent or when he cannot exercise his responsibilities, or when the post of general manager is vacant; xviii) leads the negotiations with the party on whose territory the seat of EUTELSAT is located in order to conclude a headquarters agreement that carries the privileges, exemptions and immunities provided for in paragraph c) of art. XVII of the Convention and submits that Agreement, for approval, to the Assembly of xix) submits to the Assembly of the Parties the periodic reports on the xx) provide any information required by one of the parties or by one of the signatories to allow it to be paid by its obligations under the Convention or the Operating Agreement; xxi) designates the EUTELSAT arbitrator when it is party to an arbitration; xxii) expresses its point of view and makes recommendations to the Assembly of the Parties on the proposals for amendments to the Convention, according to paragraph a) of art. XIX of the Convention; xxiii) take decisions, according to art. 22 of the Operating Agreement, on the proposals for amendments to the Exploitation Agreement which are compatible with the Convention; xxiv) examines the applications for accession and makes recommendations to the Assembly of the Parties, according to paragraph d) of art. XXIII of the convention. c) In the exercise of its functions, the Board of Signatories shall consider the recommendations and points of view transmitted to it by the Assembly of the Parties, by applying art. IX of the convention. + Article 13 Executive Body a) The Executive Body shall be headed by a Director-General appointed by the Board of Signatories, subject to confirmation by the Parties. The depositary shall immediately notify the parties to the parties. The appointment shall be confirmed within 60 days of the notification, unless more than one third of the parties inform in writing that they are opposed. The Director-General may take up his duties after his appointment, at the date fixed by the Board of Signatories and waiting for his appointment to be confirmed. b) The term of office of the Director-General shall be six years, unless the Board of Signatories decides otherwise. c) The Board of Signatories may terminate the duties of the Director-General by a reasoned decision, before the end of his term of office and must present before the Assembly of the Parties the reasons for its decision. d) The Director-General shall be the highest-ranking official and the legal representative of EUTELSAT; he shall act under the authority of the Board of Signatories and shall be directly liable to him for the performance of all duties entrusted to him. the executive body. e) The Director-General shall submit for approval to the Council of the signatories his proposals relating to the structure, flocks and conditions of use of the personnel of the executive body, as well as those relating to the conditions of use of the consultants and other counselors he has hired. f) The general manager has the capacity to appoint the entire staff of the executive body. The appointment of senior officials who depend directly on the authority of the Managing Director must nevertheless be approved by the Board of Signatories, according to the provisions of para. xvi) paragraph b) of art. XII of the convention. g) If the post of general manager is vacant, or when he is absent or cannot exercise his responsibilities, the acting director-general legally appointed according to par. xvii) paragraph b) of art. XII of the Convention, has the powers conferred on the Director-General by the Convention and the Operating Agreement h) The dominant consideration in the appointment of the Director-General and other officials in the executive body must be the need to achieve the highest levels of integrity, competence and efficiency. i) The Director-General and the staff of the Executive Body shall refrain from any act incompatible with their responsibilities to EUTELSAT. + Article 14 Transaction conclusion a) The EUTELSAT transaction policy is likely to encourage, in the interest of the organization, parties and signatories, as much competition as possible in the supply of goods and services, which is applied according to the provisions of art. 17 17 and 18 of the Operating Agreement. b) Apart from the cases provided in art. 17 of the Operating Agreement, the goods and services necessary for EUTELSATs are obtained by awarding contracts, as a result of requests for international public offers. c) Contracts are awarded with maximum benefit for EUTELSAT, to the auctioneers who offer the best combination of quality, price, delivery time and other important criteria for EUTELSAT, being understood that, when several offers present a similar combination of the criteria mentioned above, the contracts are awarded taking into consideration the general and industrial interests of the parties. + Article 15 Rights and obligations a) The Parties and the signatories shall assume the rights and obligations provided for by the Convention, fully respecting and promoting the principles and provisions of the Convention. b) All parties and all signatories may participate in all conferences and meetings to which they are entitled to be represented in accordance with the provisions of the Convention and the Agreement of exploitation, as well as at any other meeting organized by EUTELSAT or held under its auspices, according to the provisions of EUTELSAT in relation to these meetings, regardless of where they are held. c) Before any conference or meeting held outside the state where the seat is located, the executive body shall follow that the decisions taken by the party or the signatory who make the invitation for such a conference or meeting to conduct a clause on admission and stay in the State where that conference or meeting is held, for the duration thereof, of the representatives of all parties and all signatories in law to participate. d) If applicable, all parties shall take the measures in their power to prevent the use of the EUTELSAT space segment by ground stations which do not comply with the provisions of art. 15 15 of the Operating Agreement. + Article 16 Other space segments a) Any party or signatory who proposes, or who is informed that a person under the jurisdiction of this party proposes, individually or collectively, to install, acquire or use the equipment of the space segment different from those of the space segment of EUTELSAT to meet its needs in the field of international public telecommunications services within the service area of the space segment of EUTELSAT, as defined at paragraphs a) and b) of art. III of the Convention, must, prior to the installation, purchase or use of such equipment, provide all basic information to the Assembly of the Parties through the Board of Signatories deciding whether or not there is the possibility of considerable economic damage that could harm EUTELSATs. The Board of Signatories shall submit its report and conclusions to the Assembly The Assembly of the Parties shall present its views within a period of 6 months beginning with the date on which the procedure referred to in the preceding subparagraph has been established. The Assembly of the Parties may be convened in an extraordinary session for this purpose. b) The Board of the signatories shall give priority and submit to the Assembly of the Parties the guidelines to be taken into consideration by any party and any signatory who proposes, or who is informed, that a person under the jurisdiction of that Party proposes individually or in association, to put into operation space segment equipment distinct from those of the space segment of EUTELSAT, in order to meet its needs in the field of national public telecommunications services or international or specialised telecommunications services in order to ensure the technical compatibility of those equipment and their exploitation with the use by EUTELSAT of the radio spectrum and orbital space for its existing or planned space segment. c) This article does not apply to the installation, purchase or use of equipment belonging to a space segment distinct from those being part of the EUTELSAT space segment, i.e. those: i) which belong to or must be part of the space segment of INTELSAT or the space segment of INMARSAT as defined in the INTELSAT Agreement and the INMARSAT Convention; ii) which are only installed for national security purposes. + Article 17 EUTELSAT Headquarters, privileges, exemptions and immunities a) The EUTELSAT headquarters are in Paris. b) Within the activities authorized by the EUTELSAT Convention, its goods are exempt on the territory of all parties from any income tax, direct tax on the goods, as well as all customs duties on the satellites of telecommunications, component parts of the respective satellites and all equipment used in the space segment of EUTELSAT. c) According to the Protocol provided for in this paragraph, each Party shall grant privileges, exemptions and necessary immunities to EUTELSAT, its senior officials and other personnel specified in that Protocol, to the Parties and to the representatives of the parties, signatories and representatives of the signatories, as well as persons participating in the arbitration proceedings. In contrast, each party shall grant the persons mentioned above, within and in the cases to be provided for by the protocol referred to in this paragraph, immunity and jurisdiction for the acts performed, the writings or the speeches issued within the exercising their functions and within the limits of their duties. The party on whose territory EUTELSAT is located shall immediately enter into an establishment agreement with EUTELSAT on privileges, exemptions and immunities. That agreement will include a provision on the exemption from any income tax on the amounts paid by EUTELSAT, in the territory of that party, to the signatories acting in that capacity, with the exception of the signatory designated by the territory of which EUTELSAT is located. And the other parties must conclude as soon as possible a protocol on privileges, exemptions and immunities. The residence agreement and the protocol provide, each one, the conditions under which they cease to exist; they are independent of the convention. + Article 18 Withdrawal and suspension a) i) Any party and any signatory may voluntarily withdraw from EUTELSAT at any time; ii) The withdrawal party shall notify the depositary of its decision in writing. When a party withdraws from EUTELSAT, any signatory, designated by him in accordance with paragraph b) of art. II of the Convention shall be considered withdrawn from the Exploitation Agreement on the date of the withdrawal of the Party; iii) The decision to withdraw a signatory shall be notified in writing to the Director-General by the party who appointed it and the notification shall bear the acceptance by the party of the decision to withdraw the signatory. Where a signatory withdraws from EUTELSAT, the party which has designated that signatory shall itself assume the status of a signatory on the date of withdrawal, unless it designates a new signatory or withdraws from EUTELSAT; iv) Any voluntary withdrawal from EUTELSAT with the application of para. i), ii), iii) of this paragraph shall enter into force three months after the date of receipt of the notification previously shown by the depositary or the Director-General, as the case may be. b) i) If there are indications that one of the parties does not fulfill one of its obligations under the terms formulated by the Convention, the Assembly of the Parties, following the referrals or acting on its own initiative and after having examined all the explanations of the party in question, may decide, if it finds that an obligation is not fulfilled, that that party be considered to be withdrawn from EUTELSAT. Starting with the date of such a decision, the Convention shall cease to be in force against the party concerned. The Assembly of the Parties may be convened in extraordinary session for this purpose. When a party is considered to be withdrawn from EUTELSAT, as provided for in this paragraph, any signatory appointed by it, in accordance with paragraph b) of art. II of the Convention shall be considered withdrawn from the Exploitation Agreement on the date on which the withdrawal of the Party takes effect ii) A) If a signatory, acting as such, does not fulfill one of its obligations according to the convention or the exploitation agreement, other than the one referred to in paragraph a) of art. 4 of the Exploitation Agreement, and if it did not fulfill that obligation within three months of the written notification made to it by the executive body through a resolution of the Board of Signatories that took note of that default, the rights recognised the signatory by the Convention and the Exploitation Agreement are automatically suspended at the end of that three-month period. During such a suspension of his rights, the signatory continues to assume all obligations and responsibilities incumbent upon a signatory by virtue of the Convention and the Operating Agreement. b) After examining the observations submitted by the signatory or the party which has designated it, the Board of Signatories may decide that the signatory should be considered withdrawn from EUTELSAT and that, at the time of its decision, the Exploitation Agreement ceases to may be in force for the signatory concerned. Where a signatory is considered withdrawn from EUTELSAT, the party who has appointed him shall assume the status of a signatory on the date of withdrawal, unless he designates a new signatory or withdraws from EUTELSAT. iii) A) If a signatory does not pay the amount he owes, in application of the paragraph a) of art. 4 of the Operating Agreement, after three months following the maturity, the rights recognized to the signatory by the Convention and the Exploitation Agreement are automatically suspended. During the period of such suspension of its rights, the signatory shall continue to assume all obligations and responsibilities accruing to a signatory by virtue of the Convention and the Operating Agreement. B) If, in the three months following the suspension, all amounts due, the Board of Signatories have not been paid, after the examination of all the explanations submitted by the signatory or the party that has designated it, may decide that the signatory should be considered withdrawn from EUTELSAT and that, on the date of the decision, the Exploitation Agreement ceases to be in force against the signatory concerned. Where a signatory is considered to be withdrawn from EUTELSAT, the designated party shall itself assume on the date of withdrawal, the status of a signatory, unless he has appointed a new signatory or withdrawn from EUTELSAT. c) If, for any reason, a party wishes to substitute the signatory it has appointed, or to designate a new signatory, it must notify the depositary in writing of its decision; The Convention and the Exploitation Agreement shall enter into force against the new signatory and cease to be in force against the previous signatory as soon as the new signatory assumes all obligations not fulfilled by the previous signatory and signs the Agreement exploitation. d) The party that has withdrawn or is considered withdrawn from EUTELSAT shall cease to have any right of representation in the Assembly of the Parties and shall assume no obligation or responsibility after the date of the effective withdrawal, subject to the obligations of arise from the facts or omissions that preceded this date. e) i) the signatory who has withdrawn or who is considered withdrawn from the exploitation agreement loses any right of representation on the Board of the signatories and no longer assumes any obligation or responsibility after the date of his effective withdrawal under reserve the obligation, if the Board of Signatories does not decide otherwise, to pay its share of contributions to the capital to meet the contractual commitments expressly authorised prior to the date of withdrawal and the obligations arising from facts or omissions that preceded this date. ii) The regulation of the financial situation at the time of the withdrawal of a signatory from EUTELSAT shall be carried out 21 21 of the Operating Agreement. f) Any notice of withdrawal or any decision of exclusion must be communicated immediately by the depositary or by the Director-General, as the case may be, to all parties and all signatories. g) None of the provisions of this Article shall have the effect of the damage of any interest as a party or a signatory, which is retained after the date of the actual withdrawal and for which no compensation has been received under this Article. + Article 19 Amendments a) Any Party may propose amendments to the Convention. The draft amendments are submitted to the Director-General who disseminates the text in optimal time to all signatories. It must pass a three-month notice before the draft amendment is examined by the Board of Signatories, which communicates to the Assembly of the Parties its views and recommendations within a period of six months from the date of the broadcast Draft amendment. The Assembly of the Parties shall not study the draft amendment, until six months after its receipt, taking into account the opinions and recommendations expressed by the Board of Signatories. The Assembly of the Parties may, in a special case, reduce the duration of that period by a decision taken under the procedure laid down for substantive matters. b) If adopted by the Assembly of the Parties, the amendment shall enter into force one hundred twenty days after the receipt by the depositary of the notification of acceptance of this amendment from two thirds of the States which, at the date of its adoption of to the Assembly of the Parties, parties are constituted and which the signatories represented by at least two thirds of the total investment parties. When it comes into force, the amendment becomes binding on all parties and all signatories. c) No amendments shall enter into force less than eight months after the date of its adoption by the Assembly of the Parties. An amendment which has not entered into force in accordance with the provisions of paragraph b) of this Article, 18 months after the date of its adoption by the Assembly of the Parties shall be deemed void. + Article 20 Dispute settlement a) Any dispute between the parties or between EUTELSAT and one or more parties, relating to the interpretation or application of the Convention in paragraph c) of art. 15 15 or paragraph c) of art. 16 of the Exploitation Agreement, is subject to arbitration under the provisions of Annex B of the Convention, if it could not be resolved in another way in a period of one year beginning with the date on which one of the parties of the dispute notified the other party its intention to resolve that dispute through good understanding. Any similar dispute relating to the interpretation or application of this Convention or the Agreement of exploitation between one or more parties, on one side and one or more signatories, on the other, may be subject to arbitration under the provisions of Annex B of the Convention, if the party or parties and the signatory or signatories in dispute consent thereto. b) Any dispute regarding the interpretation and application of the convention, paragraph c) of art. 15 15 or paragraph c) of art. 16 of the Exploitation Agreement, which appears between a party and a state that ceased to be a party, or between EUTELSAT and a state that ceased to be a party, after the time when that state ceased to be a party, is subject to arbitration according to the provisions of Annex B of the Convention, if it could not otherwise be resolved within one year of the date on which part of the dispute notified the other party of its intention to resolve such a dispute by good understanding, under reserve that the state that has ceased to be a party to consent. If a state ceases to be a party, or if a state or a telecommunications body ceases to be a signatory after submitting to arbitration a dispute in which it participates in accordance with paragraph a) of this Article, the arbitration procedure continue until the final solution. c) The resolution of any dispute concerning the interpretation or application of the agreements between EUTELSAT and any of the parties other than the Convention or the Operating Agreement shall be made in accordance with the provisions laid down in the basic agreement. In the absence of such provisions, such a dispute, if not otherwise resolved, may be subject to arbitration in accordance with the provisions of Annex B of the Convention, if the parties to the dispute agree. + Article 21 Signing-reserves a) Any State whose telecommunications or private exploitation administration is recognized or has the right to become a signatory party to the Provisional Agreement may become part of the Convention by: i) signing without it being subject to ratification, acceptance or approval, or ii) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval, or iii) accession. b) The Convention is open to signature in Paris, from July 15, 1982 to the date of its entry into force; it remains open to accession. c) No State shall become a party to the Convention, before the Exploitation Agreement is signed by the telecommunications body which it has designated or until it has signed the respective agreement itself. d) No reservation can be made to the Convention or to the Exploitation Agreement. + Article 22 Entry into force a) The Convention shall enter into force after 60 days from the date on which two thirds of the States which, on the date of opening for signature of the Convention, with jurisdiction over the signatory parties of the Provisional Agreement, have signed it, according to paragraph a) para. i) of Article XXI, have ratified it, accepted it or approved it, provided that: i) these signatory parties or the signatories appointed by them under the ECS Agreement to hold at least two thirds of the shares of the funding under the ECS Agreement, and ii) The exploitation agreement is signed according to paragraph b) of art. II of the convention. b) The Convention may not enter into force in less than 8 months after the date on which it was opened for signature. The Convention shall not enter into force if it has not been able to be subject to the signature, ratification, acceptance or approval required by the provisions of paragraph a) of this Article, within 18 months of the date on which it was opened for signature. c) When an instrument of ratification, acceptance, approval or accession is submitted by a State after the date of entry into force of the Convention, the Convention shall enter into force for that State on the date of the deposit of that instrument. d) Since its entry into force, the Convention is provisionally applied to each State which has signed it subject to ratification, acceptance or approval and which made the request at the time of signature or at any time before its entry into force. vigor. The provisional application shall cease: i) either at the time of deposit of an instrument of ratification, acceptance or approval by that State; ii) either on the expiry of the two-year period following the date of entry into force of the Convention, if it has not been ratified, accepted or approved by that State; iii) from the notification by that State before the expiry of the period referred to in paragraph 1. ii) of this paragraph, of its decision not to ratify, accept or approve the Convention. If the provisional application ceases by virtue of paragraph 1. ii) or iii) of this paragraph, the provisions of paragraphs d), e) and g) of art. The XVIII of the Convention determines the rights and obligations of the party and the signatory that it has designated. e) Contrary to any other provision of this Article, the Convention shall not enter into force against any State and shall not be applied provisionally to any State, as long as the conditions required by paragraph c) of art. The 21st of the convention was not met. f) At the time of its entry into force, the Convention will replace and terminate the Provisional Agreement At the same time, no provision of the Convention or the Operating Agreement affects the rights or obligations that a party or a signatory has previously accrued as a signatory party to the Provisional Agreement or as a signatory of the The ECS agreement. + Article 23 Accession a) Any State whose administration of telecommunications or private exploitation recognized was, or had the right to become, on the date on which the convention was opened for signature, a signatory party to the Provisional Agreement, may accede to the Convention starting with the date on which it ceased to be open for signature, until the expiry of a period of two years after the entry into force of the Convention. b) The provisions of paragraphs c) and e) of this Article shall apply to applications for accession from the following States: i) a state whose telecommunications or private exploitation administration recognized was or had the right to become, on the date on which the convention was opened for signature, a signatory party to the Provisional Agreement, but which did not become part of the convention according to the provisions of paragraphs i) or ii) of paragraph a) of art. of the Convention or of the paragraph a) of this Article; ii) any other European Member State of the International Telecommunication 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 referred to in paragraph b) of this Article (hereinafter referred to as the requesting State) shall notify the Director-General in writing and send it all the information it The Board of Signatories could ask them about how it aims to use the space segment of EUTELSAT. d) The Board of Signatories shall examine technically, financially and from the point of view of exploitation, the compatibility of the application for accession of the requesting State with the interests of EUTELSAT and those of the Signatories in the field of activities of the EUTELSAT and shall submit a recommendation to the Assembly of the Parties. e) Having regard to that recommendation, the Assembly of the Parties shall take a decision on the request of the requesting State within the next six months from the date on which the Board of Signatories has decided that it has all the information required by virtue of paragraph c) of the this article. The decision of the signatory council shall be communicated without delay to the Assembly of the Parties. The decision of the Assembly of the Parties shall be taken by secret ballot, in accordance with the procedure for decisions on substantive issues An extraordinary session of the Assembly of the Parties may be convened for this purpose. f) The Director-General shall notify the requesting State of the conditions of accession Those conditions of accession shall be the subject of an Annex to the instrument of accession which the State concerned shall deposit with the depositary. + Article 24 Responsibilities Neither party shall draw up individual responsibilities for the acts and obligations of EUTELSAT, unless that obligation arises from a treaty in which a certain party and the State seeking compensation are parties. In this case EUTELSAT shall indemnify the party concerned with the amounts it has paid, unless that party has specifically committed itself to assume such responsibility. + Article 25 Various provisions a) The official languages of work in EUTELSAT are French and English. b) EUTELSAT shall cooperate in taking into account the general directives of the Assembly of the Parties on matters of common interest with the United Nations and its specialised institutions, in particular the International Telecommunication Union, and the other international organisations. c) Under the provisions of United Nations General Assembly Resolution 1721 (XVI), EUTELSAT shall provide information to the Secretary-General of the United Nations and to the specialised institutions concerned, an annual report on its activities. + Article 26 Depositary a) The Government of the French Republic shall be the depositary of the convention by which the instruments of ratification, acceptance, approval or accession are deposited, applications for provisional application, as well as notifications of ratification, acceptance or approval of amendments, withdrawal decisions from EUTELSAT or decisions to terminate the provisional application of the Convention. b) The Convention is deposited in the archives of the depositary. It shall transmit copies authenticated in accordance with the text of the Convention of all States which have signed it or which have deposited their instruments of accession, as well as the International Telecommunication Union c) The depositary shall inform as soon as possible all the states which have signed the convention or which have acceded to it, all the signatories, as well as, if necessary, the International Telecommunication Union: i) any signing of the Convention; ii) the deposit of any instrument of ratification, acceptance, approval or accession; iii) about the start of the 60-day period referred to in paragraph a) of art. XXII of the Convention; iv) the entry into force of the Convention; v) about any request for provisional application according to paragraph d) of art. XXII of the Convention; vi) about the appointment of the Director General, about any objection related to it, as well as about the confirmation of his appointment provided for in the paragraph a) of XIII of the Convention; vii) the adoption and entry into force of any amendment to the Convention; viii) about any notice of withdrawal; ix) about any decision of the Assembly of the parties referred to in paragraph b) of art. XVIII of the Convention when a Party is considered withdrawn from EUTELSAT; x) about any decision of the Council of signatories according to paragraph b) of art. XVIII of the Convention when a signatory is considered withdrawn from EUTELSAT; xi) about any substitution of signatory made according to paragraphs b) and c) of art. XVIII of the Convention; xii) about any suspension and about any restoration of rights; xiii) about other notifications and communications related to the convention. d) At the time of the entry into force of the Convention, the depositary shall transmit an authenticated copy conforming to the Convention and the Exploitation Agreement to the Secretariat of the United Nations, for registration and publication as provided 102 of the United Nations Charter. As for which, in full knowledge, the undersigned, representatives duly empowered for that purpose by those governments, have signed this Convention. Member States at EUTELSAT: R.F.G., Austria, Belgium, Cyprus, Denmark, Spain, Finland, France, Greece, Iceland, Italy, Lichtenstein, Luxembourg, Malta, Monaco, Norway, Netherlands, Portugal, England, San-Marino, Sweden, Switzerland, Turkey, Vatican, Yugoslavia. Open for signature in Paris, in a single copy, on the fifteenth day of July 1982, in English and French, both texts being authentically equal. + Annex A Transitional provisions 1. Continuity of activities a) Any agreement passed through EUTELSAT INTERIM by virtue of the Provisional Agreement or the ECS Agreement and which is in force on the date when the last two above-mentioned agreements have ended remains in force, unless and until such time which is amended or cancelled as provided for in that Agreement. Any decision taken by EUTELSAT INTERIM by virtue of the Provisional Agreement or the ECS Agreement and which is in force on the date when the last two abovementioned agreements have ended remains in force, unless and until such time as this decision is amended or cancelled by the Convention or the Exploitation Agreement or as a result of their application. b) If, at the time when the Provisional Agreement and the ECS Agreement have ended, an organ of EUTELSAT INTERIM has committed but has not completed an action which has been the subject of an authorisation or which is required under the Provisional Agreement or the ECS Agreement, The signatories ' council is substituting for this organ in order to carry out this action. 2. Management a) Starting from the date of entry into force of the Convention, the entire staff of the permanent general secretariat established in accordance with art. 9 of the Provisional Agreement has the right to be transferred to the executive body of EUTELSAT, subject to the provisions of paragraph f) of art. XIII of the convention. b) According to the provisions of paragraph 1 of this annex, the conditions for the use of personnel that were in force under the Provisional Agreement continue to be applied until the signatories ' Council determines the new conditions of use. c) The Secretary General of EUTELSAT INTERIM assumes the duties of the first general manager until his entry into office. 3. The transfer to EUTELSAT of the functions of the authorized administration a) Soaking from the beginning of the 60-day period, referred to in the paragraph a) of art. XXII of the Convention, the Secretary-General of EUTELSAT INTERIM shall inform the empowered administration of the date on which the Convention enters into force and the provisional Agreement shall cease. b) The Secretary-General of EUTELSAT INTERIM shall take all measures to ensure at the appropriate time the transfer to EUTELSAT of all rights and obligations assumed by the administration empowered in its capacity as legal representative of EUTELSAT INTERIM. + Annex B Arbitration procedure 1. An arbitration tribunal shall be established according to the provisions of the following paragraphs, in order to decide in relation to any dispute provided in art. XX of the convention or art. 20 20 of the Operating Agreement. 2. Any part of the Convention may relate to one or another of the Parties to the dispute in arbitration. 3. The arbitration tribunal shall be composed of three members. Each Party shall designate an arbitrator, within two months from the date of receipt of the request issued by one of the Parties, to submit the dispute to the arbitration. When art. XX of the convention and art. 20 of the Requesting Agreement, the agreement of the parties for the dispute to be subject to arbitration, the two-month period shall be calculated from the date of that agreement. The first two arbitrators shall designate within a period of two months from the date of designation of the second arbitrator, the third arbitrator presiding over the arbitration tribunal. If one of the two arbitrators has not been designated in the requested period, he shall be designated, at the request of one or another party, by the President of the International Court of Justice, or in the event of disagreement between the parties, by the Secretary-General of the Permanent Court of Arbitration. The same procedure applies if the president of the arbitration tribunal has not been designated within the prescribed period. 4. The arbitration tribunal shall choose its seat and shall establish its internal rules. 5. Each party takes in its charge the expenses of the arbitrator it has designated, as well as the expenses of representation before the tribunal. The expenses of the President of the arbitration tribunal shall be equally divided between the parties of the dispute 6. The arbitration tribunal's sentence is given by the majority of members, who cannot abstain from voting. That sentence is final and binding on the parties to the dispute. The decision is not susceptible to appeal. The Parties shall comply with the arbitral decision. In the event of a dispute concerning the meaning or scope of the decision, the arbitral tribunal shall interpret it at the request of any of the parties to the dispute. AMENDMENT 1 TO THE "EUTELSAT" CONVENTION Intergovernmental Conference-Paris, December 15, 1983 The signatory States of the Convention, founders of the European Satellite Telecommunication Organisation (EUTELSAT), taking into account the Convention establishing the European Satellite Telecommunication Organization (EUTELSAT), opened by signing in Paris on 15 July 1982, and in particular the provisions of art. XXII of this Convention, Noting that the signatures, ratifying, acceptance or approvals required for the entry into force of the Convention may not be met before the expiry of the 18-month period at the end of which, according to the provisions of art. XXII paragraph b), the Convention shall not enter into force, wishing that the entry into force of the Convention could take place as soon as possible, have agreed the following: + Article 1 In the 12th sentence of paragraph b) of art. XXII of the convention, the words "18 months" are replaced by the words "36 months". + Article 2 This Convention amendment shall enter into force on the date of entry into force of the Convention. Drawn up in Paris on 15 December 1983, in French and English, both texts are equivalent and form a single original. ------------------------