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Law No. 43 Of 27 May 1996

Original Language Title:  LEGE nr. 43 din 27 mai 1996

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LEGE No. 43 of 27 May 1996 for the ratification of the Instrument for the Amending of the Constitution of the International Telecommunication Union (Geneva, 1992) and the Instrument for Amending the Convention of the International Telecommunication Union (Geneva, 1992), signed in Kyoto at 14 October 1994
ISSUER PARLIAMENT
Published in OFFICIAL GAZETTE NO. 113 of June 3, 1996



The Romanian Parliament adopts this law + Article UNIC The instrument for the amendment of the Constitution of the International Telecommunication Union (Geneva, 1992) and the Instrument for Amending the Convention of the International Telecommunication Union (Geneva, 1992), signed in Kyoto on 14 October 1994, shall be ratified. This law was adopted by the Senate at its meeting on February 21, 1996, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT CONSTANTIN DAN VASILIU This law was adopted by the Chamber of Deputies at the meeting of May 6, 1996, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE + INSTRUMENT OF FINE of the Constitution of the International Telecommunication Union (Geneva, 1992) *) (Amendments adopted by the Conference of Plenipotentiaries, Kyoto, 1994) + Part I Preamble By virtue and for the application of the corresponding provisions of the Constitution of the International Telecommunications Union (Geneva, 1992) and in special provisions of art. 55, the Conference of the Plenipotentiaries of the International Telecommunication Union (Kyoto, 1994) adopted the following amendments to the Constitution mentioned above: + Article 8 (CS) Conference of Plenipotentiaries MOD 50 b) examine the reports drawn up by the Council on the work of the Union at the last conference of the plenipotentiaries and on the general policy and strategic planning of the MOD 57 i) examine and adopt, where appropriate, proposals for amendments to this constitution and to the Convention, formulated by the members of the Union, in accordance with the provisions of 55 55 of the present constitution and the corresponding provisions of the Convention. ADD 59A 3. Exceptionally, in the interval between two ordinary conferences of plenipotentiaries, an extraordinary conference of plenipotentiaries can be convened, having a restricted day order, to treat specific topics: ADD 59B a) by the decision of the previous ordinary conference of plenipotentiaries; ADD 59C b) at the request made individually by two thirds of the members of the Union and addressed to the Secretary-General; ADD 59D c) at the proposal of the Council, with the consent of at least two thirds of the + Article 9 (CS) Principles on elections and related issues MOD 62 b) The Secretary-General, the Vice-General, the Directors of the Offices and the members of the Radio Regulations Committee, chosen from among the candidates proposed by the members, as their citizens, to be all citizens of some Member States different and that, at their choice, a fair geographical distribution between the regions of the world should be properly taken into account; as regards the elected officials, account should also be taken of the principles listed in the Number 154 of this constitution. MOD 63 c) The members of the Radio Regulations Committee shall be elected individually, each member shall propose only one candidate. + Article 28 (CS) Union finances MOD 163 (4) The contribution class chosen by each member, in accordance with number 161 or number 162 above, shall be applicable to the first biennial budget, counting from the expiry of the 6-month period, referred to in number 161 or number 162 above. + Part II Date of entry into force The amendments contained in this instrument, in their entirety and in the form of a single instrument, will enter into force on 1 January 1996 between the members who are parties to the Constitution and the International Telecommunication Union Convention (Geneva, 1992) and which have submitted before that date their instrument of ratification, acceptance or approval of this instrument or accession thereto. On the basis of those agreed, the undersigned plenipotentiaries signed the original of this instrument amending the Constitution of the International Telecommunication Union (Geneva, 1992). Done at Kyoto on 14 October 1994. + INSTRUMENT OF FINE of the International Telecommunication Union Convention (Geneva, 1992) *) (Amendments adopted by the Conference of Plenipotentiaries, Kyoto, 1994) + Part I Preamble By virtue of and for the application of the corresponding provisions of the International Telecommunication Union Convention (Geneva, 1992) and in particular the provisions of art. 42, the Conference of Plenipotentiaries of the International Telecommunication Union (Kyoto, 1994) adopted the following amendments to the above mentioned convention: + Article 4 (CV) Council MOD 50 1. The number of board members shall be fixed by the conference of plenipotentiaries who shall be held every 4 years. ADD 50A 2. This number shall not exceed 25% of the total number of members of the Union. MOD 80 ((14) is responsible for coordinating with all the international organizations concerned in art. 49 and 50 of the constitution. For this purpose, it shall conclude on behalf of the Union provisional agreements with the international organisations concerned in 50 50 of the constitution and at the numbers 260 and 261 of the Convention and the United Nations in the application of the Agreement between the United Nations and the International Telecommunication Union; these provisional agreements must be subject to the following conferences of plenipotentiaries, in accordance with the relevant provisions of art. 8 8 of the constitution. + Article 7 (CV) World Radio Communications Conferences MOD 118 (2) The general framework of this agenda should be fixed 4 years before and the final agenda is fixed by the council, preferably 2 years before the conference, with the consent of the majority of the members of the union, subject to the provisions of Number 47 of this Convention. These two versions of the agenda are based on the recommendations of the World Radiocommunication Conference in application of the provisions of the number 126 of this Convention. + Article 19 (CV) Participation by entities and organisations, other than administrations, in Union activities MOD 239 9. An entity or organization referred to in number 229 or at number 230 above may act on behalf of the member who approved it, if it notifies the director of the interested office that he has authorized it for this purpose. + Article 23 (CV) Inviting and admitting to the conferences of plenipotentiaries, when there is a government that invites MOD 258 3. The Secretary-General invites as observers: MOD 262A a) entities and organizations concerned by the number 229 of this Convention and organizations having an international character representing these entities and organizations; ((MOD) 269 b) observers of organizations and institutions invited according to numbers 259 and 262A. + Article 24 (CV) Inviting and admitting to radio communications, when there is a government that invites MOD 271 2. (1) The provisions of the provisions of 256-265 of this Convention, with the exception of the number 262A, shall be applicable to the conferences + Article 32 (CV) Interior Regulation of conferences and other meetings MOD 379 (2) The text of any important proposal that must be the subject of a vote must be distributed in the working languages of the conference, in sufficient time before, in order to allow for its study before the discussions. + Article 33 (CV) Finance NOC 475 4. The following provisions shall apply to the contributions of the organizations concerned to the numbers 259-262 and to the entities admitted to participate in the activity of the union, in 19 19 of this Convention. ((MOD) 476 ((1) The organizations concerned by the numbers 259-262 of this Convention and the other international organizations participating in a conference of plenipotentiaries, at a union sector or at a worldwide conference of international telecommunications contribute to the expenditure of this conference or sector, in accordance with the numbers 479-481 below, as the case may be, except where they have been released subject to reciprocity. ((MOD) 477 ((. Any entity or organization appearing in the lists referred to in the number 237 of this Convention shall contribute to the expenditure of this sector, in accordance with the numbers 479 and 480 below. ((MOD) 478 ((3) Any entity or organization listed in the lists referred to in the number 237 of this Convention, participating in a conference of radio communications, at a worldwide conference of international telecommunications or at a conference or at a assembly of a sector to which it is not a member, contributes to the expenses of this conference or of this assembly, in accordance with the numbers 479-481 below. ((MOD) 479 ((4) The contributions referred to in numbers 476, 477 and 478 are based on the free choice of a contribution class of the scale appearing in the number 468 above, with the exception of classes 1/4, 1/8 and 1/16 of a unit, reserved for members of the union (this exception does not apply to the telecommunications development sector); the chosen class is communicated to the secretary-general; the entity or the organization concerned may at any time choose a contribution class superior to that which it had adopted before. ((MOD) 480 (. The amount of the contribution unit to the expenditure of each sector concerned shall be fixed at 1/5 of the contributory unit of members of the Union These contributions shall be regarded as an income of the Union. They produce interest, in accordance with the provisions of the number 474 above. ((MOD) 481 (6) The amount of the contribution unit to the expenses of a conference or assembly shall be fixed by dividing the total amount of the budget of the conference or meeting in question by the total number of contributory units paid by members as their contribution to union expenditure. The contributions shall be considered as a Union income. They produce interest starting with the sixtieth day following the sending of invoices, in the percentages fixed at number 474 above. ((MOD) 482 ((7) The reduction of the number of contributory units is only possible in accordance with the principles laid down in the relevant provisions of art. 28 of the Constitution. ((MOD) 483 (8) In case of denunciation of participation in the works of a sector or if an end to this participation (see number 240 of the present Convention), the contribution must be paid until the last day of the month in which the denunciation takes effect or the month in which the participation is ended. ((MOD) 484 5. The sale price of the publications is determined by the Secretary-General, in the concern to cover, as a general rule, the expenses of reproduction and distribution. ((MOD) 485 6. The Union shall maintain a reserve fund, which shall constitute a working capital that allows to meet the essential expenditure and to maintain sufficient reserves in cash to avoid, as far as possible, loans. The Council shall fix annually the amount of the reserve fund according to the requirements laid down At the end of each biennial budget year, all budget appropriations that have not been consumed are entered into the reserve fund. The other details of this reserve fund are described in the Financial Regulation. ((MOD) 486 7 7. (1) In accordance with the Coordination Committee, the Secretary-General may accept voluntary contributions in cash or in kind, subject to the conditions applicable to those contributions, where applicable, to the subject matter and to the Union programmes, and with the Financial Regulation which will have to contain the special provisions relating to the acceptance and use of these voluntary contributions. NOC 487 (2) The Secretary-General shall give the Council an account of these voluntary contributions in the financial management report and in a document which briefly indicates the origin and use proposed for each of these contributions and the follow-up to them date. + Annex (CV) MOD 1.002 Observer: Person sent by: -The United Nations, a specialized institution of the United Nations, the International Atomic Energy Agency, a regional telecommunications organization or an intergovernmental organization that exploits satellite systems, to participate in an advisory capacity at the Conference of Plenipotentiaries, at a conference or at a meeting of a sector; -an international organisation, to participate in an advisory capacity at a conference or at a meeting of a sector; -the government of a member of the union, to participate without the right to vote at a regional conference; -an entity or organisation referred to in number 229 of the Convention or an international organisation representing such entities or organisations, in accordance with the relevant provisions of this Convention. + Part II Date of entry into force Date of entry into force The amendments contained in this instrument, in their entirety and in the form of a single instrument, will enter into force on 1 January 1996 between the members who are parties to the Constitution and the International Telecommunication Union Convention (Geneva, 1992) and which have submitted before that date their instrument of ratification, acceptance or approval of this instrument or accession thereto. On the basis of those agreed, the undersigned plenipotentiaries signed the original of the present instrument for the amendment of the International Telecommunication Union Convention (Geneva, 1992). Done at Kyoto on 14 October 1994. --------------- Note * *) Translation. --------------------