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Law No. 53 Of 19 March 2008

Original Language Title:  LEGE nr. 53 din 19 martie 2008

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LEGE no. 53 53 of 19 March 2008 for the ratification of the Instruments, adopted in Marrakesh on 18 October 2002, amending the Constitution and the Convention of the International Telecommunication Union, signed in Geneva on 22 December 1992
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 248 248 of 31 March 2008



The Romanian Parliament adopts this law + Article 1 The Instruments, adopted in Marrakesh on 18 October 2002, amending the Constitution and the International Telecommunication Union Convention, signed in Geneva on 22 December 1992, ratified by Law no. 76/1993 . + Article 2 At the end of the International Telecommunication Union (Marrakesh, 2002) plenipotentiary conference, Romania made the following statements: 1. " Delegations of candidate states to become members of the European Union declare that the Czech Republic, Estonia, Republic of Cyprus, Republic of Latvia, Republic of Lithuania, Republic of Hungary, Malta, Republic of Poland, Romania, Slovakia and Turkey will apply the acts adopted on the basis of the Constitution and the ITU Convention, but, from the date of accession to the European Union, the application will be made in compliance with their obligations under the Treaty establishing the European Economic Community. 2. The Romanian Government refers to the statements of a number of Member States on reservations made at previous conferences of the Union that have been completed with the conclusion of treaties and formally declare that it maintains its statements and reserves made at the signing of the Final Acts of those conferences, as if they had been made entirely at this plenipotentiary conference. 3. Regarding the declaration made by the Republic of Colombia (no. 45), to the extent that it or any other similar declaration relating to the Bogota Declaration of 3 December 1976, made by the equatorial countries and at the request of those countries, to exercise sovereign rights to the segments of the orbit of geostationary satellite, the delegations of the said States consider that the claims in question cannot be recognized by this conference. It also declares as a reference from art. 44 of the Constitution to "the geographical situation of certain countries" does not imply the recognition of the claim to any preferential right for geostationary satellite orbit. " This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU p. SENATE PRESIDENT, NORICA NICOLAI Bucharest, March 19, 2008. No. 53. + FINAL ACTS of the Plenipotentiary Conference (Marrakesh, 2002) *) ________ Note * *) Translation. INSTRUMENTS FOR FINES of the Constitution and the International Union Convention Telecommunications (Geneva, 1992), amended by the Conference plenipotentiary (Kyoto, 1994) and Plenipotentiary Conference (Minneapolis, 1998) *) ________ Note * *) Translation. General rules of conferences, assemblies and Union meetings. Decisions. Resolutions. Recommendations Explanatory notes Symbols used in Final Acts The symbols on the sidelines indicate amendments adopted by the Plenipotentiary Conference (Marrakesh, 2002) in relation to the texts of the Constitution and the Convention (Geneva, 1992), amended by the Plenipotentiary Conference (Kyoto, 1994) and the Plenipotentiary Conference (Minneapolis, 1998), and have the following meanings: ADD = addition of a new provision (addition of a new provision); MOD = modification of an existing provision (modification of an existing provision); ((MOD) = editorial modification of an existing provision (editorial amendment of an existing provision); SUP = = = = * * * * * * * * * * * * SUP* = provision moved to another place in the Final Acts (provision moved to another place in the Final Acts); ADD* = an existing provision moved from another place in the Final Acts to the place indicated (existing provision moved from a place of Final Acts to the indicated place). ________ Note * *) Translation. These symbols are followed by the existing provision number. For new provisions (ADD symbol), the place where to be inserted is indicated by the number of previous provisions, followed by a letter. Numbering of decisions, resolutions and recommendations The decisions, resolutions and new recommendations adopted by the Plenipotentiary Conference (Marrakesh, 2002) were numbered to start from the following number after the last number used at the Plenipotentiary Conference (Minneapolis, 1998). Decisions and resolutions reviewed by the Plenipotentiary Conference (Marrakesh, 2002) retain the same number as before, followed by "(Rev. Marrakesh, 2002)". + INSTRUMENTS FOR FINES of the Union Constitution and Convention International Telecommunication (Geneva, 1992), amended by the Plenipotentiary Conference (Kyoto, 1994) and the Plenipotentiary Conference (Minneapolis, 1998) INSTR. /10/2002 INSTR. /10/2002 + DECLARATIONS AND RESERVES D/R-1 DECLARATIONS AND RESERVES made at the end of the Union plenipotentiary conference International Telecommunication (Marrakesh, 2002) The signatory plenipotentiaries confirm, by signing this document, which is part of the Final Acts of the Plenipotentiary Conference (Marrakesh, 2002), that they considered the following statements and reservations made at the end of this conferences. D/R-45 Original: Spanish For Colombia: At the signing of the Final Acts of the International Telecommunication Union Plenipotentiary Conference (Marrakesh, 2002), the delegation of the Republic of Colombia: 1 declares that the reserve for the Government or the right a) take any measures it deems necessary in accordance with domestic laws and international law to protect national interests if any of the members do not comply with the provisions contained in the Final Acts of the The plenipotentiary conference (Marrakesh, 2002) or any reservations of representatives of other states endanger the telecommunications services of the Republic of Colombia or its sovereign rights; b) to make reservations to the Final Acts of the Plenipotentiary Conference (Marrakesh, 2002), in accordance with the Vienna Convention on the Law of the Treaties of 1969, whenever it considers between the date of signature and the date of possible ratification of International instruments constituting those Final Acts. Consequently, it must not be constrained by any rules limiting its sovereign right to reserve reserves only at the time of signing the final acts of the conferences and other meetings of the Union; 2 reaffirm, in their essence, reserves 40 and 79 made at the World Radio Administrative Conference (Geneva, 1979), Reserve 64 made at the World Conference for Radiocommunications (Istanbul, 2000) and Reserve 50 made at the plenipotentiary Conference (Minneapolis, 1998) on the new provisions contained in the documents of the Final Acts of the Plenipotentiary Conference (Marrakesh, 2002), in particular, which amend the Constitution and the Convention; 3 declares that the Republic of Colombia considers mandatory the instruments of the International Telecommunication Union, including the provisions amending the Constitution, the Convention, the Protocols and Administrative Regulations, only to the extent that it consented express and on time to be linked to each of the instruments mentioned and subject to the completion of the constitutional procedures in force. Consequently, it does not agree to be bound by any presumptive or tacit consent; 4 declares that, according to its Constitution, its Government cannot provisionally apply the international instruments constituting the Final Acts of the Plenipotentiary Conference (Marrakesh, 2002) and other Union instruments, due to its content and nature of these instruments D/R-47 Original: English For the Republic of Cyprus, the Republic of Estonia, the Hungarian Republic, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Slovak Republic, the Czech Republic, The delegations of these candidate countries to become future Member States of the European Union declare the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, Romania, the Slovak Republic and the Republic of Turkey will apply the acts adopted in the form of the Constitution and the ITU Convention, but from the date of access to the European Community the application will become the subject of compliance with the obligations of the establishing the European Economic Community. D/R-88 Original: English For Romania: The Government of Romania, referring to the statements made by a number of Member States on reservations made at previous Union conferences which have been completed by the conclusion of the Treaties, formally declares that it maintains its declarations and the reservations made by his country when he signed the Final Acts of those previous conferences as if they had been made entirely at this plenipotentiary conference. D/R-101 Original: English For the Federal Republic of Germany, the Australian Union, the Republic of Austria, the Republic of Azerbaijan, the Kingdom of Belgium, Canada, the Kingdom of Denmark, the United States of America, the Republic of Finland, the French Republic, the Republic of Iceland, Japan, the Republic of Latvia, the Principality of Liechtenstein, the Grand Duchy of Luxembourg, the Republic of Malta, the Kingdom of Norway, New Zealand, the Portuguese Republic, the Slovak Republic, the Czech Republic, Romania, the United Kingdom and Northern Ireland, Kingdom of Sweden, Swiss Confederation, Republic of Turkey: Delegations of the said States, referring to the declaration made by the Republic of Colombia (No. 45), to the extent that it or any other similar declaration relates to the Bogota Declaration of 3 December 1976, made by the equatorial countries and at the request of those countries, to exercise sovereign rights over the segments of the orbit of geostationary satellite, considers that the claims in question cannot be recognized by this conference. D/R-102 Also, the delegations mentioned above wish to specify as a reference from art. 44 of the Constitution at the "geographical location of certain countries" does not imply the recognition of the request of any preferential right for geostationary satellite orbit. ----