For the purposes of this Convention:

(a)

The term "Convention" means the Convention establishing the European Organization for Satellite Communications "EUTELSAT", including its preamble and annexes, opened for signature by the Governments in Paris on 15 July 1982 That subsequently amended;

(b)

The term "provisional agreement" means the Agreement on the establishment of a provisional European satellite telecommunications organisation "EUTELSAT INTERIMAIRE", concluded in Paris on 13 May 1977 between Administrations or Private Operations Recognized competent, and deposited with the French Administration;

(c)

"ECS Agreement" means the Additional Agreement to the Interim Agreement on the Space Sector of the Fixed Service Satellite Communications System (ECS), done in Paris on March 10, 1978;

(d)

The term "Party" means a State in respect of which the Convention has entered into force or is applied provisionally;

(e)

The term "Director General of EUTELSAT" means the chief executive of EUTELSAT;

(f)

The term "EUTELSAT Executive Secretary" means the Head of the EUTELSAT Secretariat;

(g)

The term "Eutelsat SA" means a company governed by the laws of one of the Parties; it will initially be established in France;

(h)

The term "space sector" means a set of telecommunications satellites as well as the tracking, telemetering, remote control, control, monitoring and other associated equipment required for operation These satellites;

(i)

The term "satellite system" means the set up of a space sector and the earth stations that have access to that space sector;

(j)

The term "telecommunications" means any transmission, transmission or reception of signs, signals, writings, images, sounds or information of any kind, by wire, radio, optical or other electromagnetic systems;

(k)

"Basic Principles" refers to the principles referred to in s. III (a) of the Convention;

(l)

The term "Arrangement" means the Agreement between EUTELSAT and the Eutelsat SA Company whose purpose is to define the relationship between EUTELSAT and the Eutelsat SA and their respective obligations, in particular to provide a framework for EUTELSAT to supervise and respect Eutelsat SA of the Basic Principles.

(a)

By this Convention, the Parties hereby establish the European Satellite Communications Organization, hereinafter referred to as EUTELSAT.

(b) (i) Eutelsat SA is established to operate a satellite system and to provide satellite services and, to this end, the assets and operational activities of EUTELSAT are transferred to Eutelsat SA.

(ii)

Eutelsat SA is governed by its constituent instruments and by the laws of the country of its Constitution.

(iii)

Any Party in whose territory the headquarters of the Eutelsat SA Company is established or on which assets are situated and/or operated shall, in accordance with the arrangements to be concluded between the Party and Eutelsat SA, take the measures Necessary to facilitate the creation and operation of Eutelsat SA.

(c)

Relations between EUTELSAT and Eutelsat SA are defined in the Agreement.

(d)

The relevant provisions of Annex A of the Convention are intended to ensure continuity between the activities of EUTELSAT and the activities of Eutelsat SA.

(a)

The main purpose of EUTELSAT is to ensure that Eutelsat SA complies with the basic principles set out in this article, namely:

(i)

Public service obligations/universal service: these obligations apply to the space sector and its use to provide services connected to the public switched telephone network; in respect of audiovisual services and services Future, they will be offered in accordance with national regulations and relevant international agreements, in particular with the provisions of the European Convention on Transfrontier Television ¹ And taking into account those that apply to the concept of universal service and the information society;

(ii)

Pan-European coverage of the satellite system: thanks to the pan-European coverage of its satellite system, Eutelsat SA strives to serve, on an economic basis, all areas where there is a need for services Communications in the Member States;

(iii)

Non-discrimination: services are provided to users on a fair basis, subject to commercial flexibility and compliance with existing legislation;

(iv)

Fair competition: Eutelsat SA complies with all applicable competition laws and regulations.

(b)

EUTELSAT is also intended to ensure the continuity of international rights and obligations arising from the operation of the EUTELSAT space sector transferred to Eutelsat SA, in particular under the Radio Regulations ² As regards the use of frequencies.

(a)

EUTELSAT has legal personality.

(b)

EUTELSAT has the full capacity to carry out its functions and achieve its objectives, including:

(i)

To contract;

(ii)

Acquire, lease, hold and dispose of movable and immovable property;

(iii)

Legal proceedings;

(iv)

Conclude agreements with States or international organizations.

(a)

Arrangements shall be made between EUTELSAT and Eutelsat SA to cover the costs and expenses of EUTELSAT, in accordance with the Agreement.

(b)

Costs relating to the establishment and operation of the Secretariat, including, but not limited to, the cost of renting and maintaining its premises, the salaries and emoluments of its staff, the costs of organizing and maintaining the Meetings of the Assembly of the Parties, the costs of consultation between EUTELSAT and the Parties and other organizations and the costs associated with the application of the measures taken by EUTELSAT under Art. III to ensure that Eutelsat SA complies with the Basic Principles, shall be borne by the Eutelsat SA Company in accordance with the provisions of subs. (a) art. V, within the limit of the limit fixed by the Agreement.

(a)

EUTELSAT comprises the following bodies:

(i)

The Assembly of the Parties;

(ii)

The Secretariat, headed by the Executive Secretary.

(b)

Each body shall act within the limits of the powers conferred upon it by the Convention.

(a)

The Assembly of the Parties shall be composed of all Parties.

(b)

A Party may designate another Party to represent it at a meeting of the Assembly of the Parties, but no Party may represent more than two other Parties.

(c)

The first ordinary meeting of the Assembly of the Parties shall be convened within one year after the date of entry into force of the Convention. Ordinary meetings shall be held thereafter every two years, unless the Assembly of the Parties, at an ordinary meeting, decides that the next ordinary meeting shall be held at a different time.

(d)

The Assembly of the Parties may also hold extraordinary meetings at the request of one or more Parties, subject to acceptance by at least one third of the Parties or at the request of Eutelsat SA. Any request for an extraordinary meeting must be substantiated.

(e)

Each Party shall cover its own costs of representation at meetings of the Assembly of the Parties.

(a)

Each Party shall have one vote in the Assembly of the Parties. Parties abstaining in a vote shall be deemed not to have voted.

(b)

Decisions on matters of substance shall be taken by an affirmative vote issued by at least two-thirds of the Parties present or represented and voting. A Party that represents one or two other Parties, pursuant to the provisions of s. (b) art. VII of the Convention may vote separately for each Party it represents.

(c)

Decisions on procedural matters shall be taken by an affirmative vote by a simple majority of the Parties present and voting, each with one vote.

(d)

For any meeting of the Assembly of the Parties, the Quorum Shall be constituted by 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 rules of procedure, which shall be in conformity with the provisions of the Convention, including:

(i)

The method of election of the President and other officers;

(ii)

The procedure for convening its meetings;

(iii)

The representation and accreditation provisions;

(iv)

Voting procedures.

The Assembly of the Parties shall perform the following functions:

(a)

It examines the activities of the Eutelsat SA in relation to the Basic Principles. Eutelsat SA may make recommendations in this regard which will be taken into account by the Assembly of the Parties;

(b)

It shall ensure compliance with the Basic Principles by Eutelsat SA, in accordance with the Agreement;

(c)

It decides on the proposed changes to the Agreement, these changes being subject to agreement between the parties to the Agreement;

(d)

It shall take the necessary decisions in order to ensure the continuity of international rights and obligations arising from the operation of the space sector of EUTELSAT transferred to Eutelsat SA, in particular under the terms of the Radiocommunication in relation to the use of frequencies;

(e)

It shall decide on matters relating to the official relations between EUTELSAT and the States, whether they are Parties or not, or international organisations and, in particular, it negotiates the Headquarters Agreement referred to in par. (c) of s. XII of the Convention;

(f)

It shall decide on any proposal to terminate the Convention in accordance with the provisions of s. (c) of s. XIV;

(g)

Reviews claims submitted by Parties;

(h)

It adopts, under the provisions of s. XIII of the Convention, decisions concerning the withdrawal of a Party from EUTELSAT;

(i)

It decides on any proposed amendment to the Convention, in accordance with the provisions of Art. XIV of the Convention, and submits to the Eutelsat Society any amendment which may affect the conduct of its activities;

(j)

It shall decide on any application for membership submitted in accordance with the provisions of par. (e) art. XVIII of the Convention;

(k)

Under s. X of the Convention, it shall appoint the Executive Secretary and may revoke it and, on the recommendation of the Executive Secretary, shall determine the staffing, status and terms and conditions of employment of all staff of the Secretariat, taking due account of The Agreement;

(l)

It shall designate a senior official of the Secretariat, acting as Acting Executive Secretary, when the Executive Secretary is absent or prevented from performing his or her functions, or when the post of Executive Secretary is vacant;

(m)

Adopts an annual or biennial budget;

(n)

It approves the changes in the location of the Eutelsat SA Company in accordance with the provisions of the Agreement.

(a)

The Secretariat shall be headed by the Executive Secretary appointed by the Assembly of the Parties.

(b)

The term of office of the Executive Secretary shall be four years, unless the Assembly of the Parties decides otherwise.

(c)

The Assembly of the Parties may revoke the Executive Secretary, by reasoned decision, before the end of his term of office.

(d)

The Executive Secretary shall be the legal representative of EUTELSAT. It shall act under the authority of the Assembly of the Parties and shall be directly responsible to the Assembly for the execution of all functions entrusted to the Secretariat.

(e)

The Executive Secretary shall have the power to appoint all staff of the Secretariat, subject to the approval of the Assembly, in accordance with the provisions of subs. (k) of s. IX.

(f)

In the event of the vacancy of the post of Executive Secretary, or where the Executive Secretary is absent or prevented from performing his or her functions, the Acting Executive Secretary, duly appointed by the Assembly of the Parties, shall have the powers of the Executive Secretary to The Convention.

(g)

The Executive Secretary and the staff of the Secretariat shall refrain from any action incompatible with their responsibilities within EUTELSAT.

(a)

The Parties shall assume the rights and obligations of the Convention in a manner that fully respects and promotes the principles and provisions of the Convention.

(b)

All Parties may participate in all conferences and meetings to which they are entitled to be represented, in accordance with the provisions of the Convention, as well as any other meetings organised by EUTELSAT or held under its In accordance with the arrangements made by EUTELSAT for these meetings, irrespective of where they are held.

(c)

Before any conference or meeting held outside the State of the headquarters of EUTELSAT, the Executive Secretary shall ensure that the provisions adopted with the Party hosting the said conference or meeting include a clause on admission and Stay in the State in which the conference or meeting is held, for the duration of the conference, of representatives of all Parties entitled to attend.

(a)

The headquarters of EUTELSAT is located in France.

(b)

In the course of the activities authorised by the Convention, EUTELSAT and its property shall be exempt, in the territory of all Parties, from any income tax and direct tax on property and all customs duties.

(c)

Each Party, in accordance with the Protocol referred to in this paragraph, shall grant the necessary privileges, exemptions and immunities to EUTELSAT, its officials and other categories of staff specified in the Protocol, to the Parties and to Their representatives, as well as those participating in the arbitration proceedings. In particular, each Party shall accord to such persons, within the limits and in the cases to be provided for in the Protocol referred to in this paragraph, immunity from jurisdiction in respect of acts performed, writings or statements made in the exercise of Their duties and within the limits of their duties. The Party in whose territory the seat of EUTELSAT is located shall negotiate, as soon as possible, or, where appropriate, renegotiate a Headquarters Agreement with EUTELSAT on privileges, exemptions and immunities. The other Parties shall also, as soon as possible, conclude a Protocol on Privileges, Exemptions and Immunities. The Headquarters Agreement and the Protocol each provide for the conditions under which they terminate and are independent of the Convention.

(a)

Any Party may at any time withdraw voluntarily from EUTELSAT by notifying the Depositary in writing, as defined in Art. XXI. The withdrawal shall take effect three months after the date of receipt of the notification by the Depositary.

(b)

If a Party appears to have failed to fulfil one of its obligations under the Convention, the Assembly of the Parties, after having been seized or acting on its own initiative, and having considered any comments made by that Party Party may decide, if it finds that there has been a breach of an obligation, that the Party is deemed to have withdrawn from EUTELSAT. From the date of such a decision, the Convention shall cease to be in force in respect of the Party concerned. The Assembly of the Parties may be convened in extraordinary session for this purpose.

(c)

The Party which has withdrawn or is deemed to have withdrawn from EUTELSAT shall cease to have any right of representation in the Assembly of the Parties and shall not assume any obligation or liability after the effective date of withdrawal, subject to obligations Resulting from acts or omissions that preceded that date.

(d)

Any notification of withdrawal or any decision of exclusion shall be communicated immediately by the Depositary to all Parties.

(a)

Any Party may propose amendments to the Convention. Proposals for amendments shall be transmitted to the Executive Secretary, who shall circulate the text, as soon as possible, to all Parties. The Assembly of the Parties shall consider the proposed amendment only after a period of at least six months from its circulation, taking due account of any recommendation made by the Eutelsat SA Company whose opinion is sought when the Proposal for an amendment to the Convention may affect the conduct of its activities. The Assembly of the Parties may, in a particular case, reduce that time limit by a decision taken in accordance with the procedure laid down for matters of substance.

(b)

If adopted by the Assembly of the Parties, the amendment shall enter into force one hundred and twenty days after receipt by the Depositary of the notification of acceptance of this amendment by two thirds of the States which, on the date of its adoption by the Assembly Parties, were Parties. When it enters into force, the amendment becomes mandatory for all Parties.

(c)

The Parties may dissolve EUTELSAT by terminating the Convention by a two-thirds majority vote of all Parties.

(d)

The termination of the Convention does not call into question the existence of Eutelsat SA.

(e)

Unless otherwise agreed with Eutelsat SA, no decision to dissolve EUTELSAT in accordance with subs. (c) of this Article, as long as the international rights and obligations referred to in s. (b) art. III is not completely extinguished.

(a)

Any dispute between the Parties or between EUTELSAT and one or more Parties relating to the interpretation or application of the Convention shall be subject to arbitration in accordance with the provisions of Annex B of the Convention, if it could not be resolved Within one year from the date on which a party to the dispute notified the other party of its intention to settle the dispute amicably.

(b)

Any dispute relating to the interpretation and application of the Convention, which arises between a Party and a State which has ceased to be a Party, or between EUTELSAT and a State which has ceased to be a Party, after that State has ceased to be a Party, shall be submitted to Arbitration in accordance with the provisions of Annex B of the Convention, if it has not been otherwise resolved within one year from the date on which a party to the dispute has notified the other party of its intention to settle the dispute Amicably, provided that the State which has ceased to be a Party consents. If a State ceases to be a Party after the submission to arbitration of a dispute in which it participates in accordance with subs. (a) of this Article, the arbitral proceedings shall continue until its conclusion.

(a)

Any State which has or has the right to become a signatory to the Provisional Agreement may become a Party to the Convention by:

(i)

Signature without reservation of ratification, acceptance or approval, or

(ii)

Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval, or

(iii)

Membership.

(b)

The Convention is open for signature in Paris from 15 July 1982 until the date of its entry into force; it is then open for accession.

(c)

No reservations may be made to the Convention.

(a)

The Convention shall enter into force sixty days after the date on which two thirds of the States which, on the date of opening for signature of the Convention, have jurisdiction over the Parties to the Interim Agreement, have signed it, in accordance with Al. (i) du par. (a) art. XVI of the Convention, or ratified, accepted or approved, provided that these Signatory Parties, or the signatories designated by them for the purposes of the ECS Agreement, hold at least two thirds of the assessments under the ECS Agreement.

(b)

The Convention cannot enter into force less than eight months after the date on which it was opened for signature. It shall not enter into force if it has not been able to obtain the signatures, ratifications, acceptances or approvals required by the provisions of s. (a) of this section within thirty-six months from the date of its opening for signature.

(c)

Where an instrument of ratification, acceptance, approval or accession is deposited by a State after the date of entry into force of the Convention, it shall enter into force with respect to that State on the date of the deposit of its instrument.

(d)

Upon entry into force, the Convention shall be applied provisionally in respect of any State which has signed the Convention subject to ratification, acceptance or approval and has applied for it at the time of signature or at any time before the entry into force of the Convention. In force. The provisional application ceases:

(i)

At the time of deposit of an instrument of ratification, acceptance or approval by that State,

(ii)

The expiration of the two-year period following the date of entry into force of the Convention, if the Convention has not been ratified, accepted or approved by that State,

(iii)

Or upon notification by that State, before the expiry of the period referred to in para. (ii) of this paragraph, of its decision not to ratify, accept or approve the Convention.

If the provisional application ceases under para. (ii) or para. (iii) of this paragraph, the provisions of s. (c) of s. XIII of the Convention governs the rights and obligations of the Party.

(e)

Upon entry into force, the Convention replaces and terminates the Interim Agreement. However, no provision of the Convention shall affect any rights or obligations that a Party would have previously acquired as a Signatory Party to the Provisional Agreement.

(a)

Any State whose Telecommunications Administration or Private Exploitation was, or had the right to become, on the date on which the Convention was opened for signature, Party to the Interim Agreement, may accede to the Convention from the date on which the Convention ceased to be open for signature until the expiration of two years after the entry into force of the Convention.

(b)

The provisions of s. (c) to (e) of this Article shall apply to applications for membership from the following States:

(i)

A State of which the Telecommunications Administration or the Recognized Private Exploitation was, or had the right to become, on the date on which the Convention was opened for signature, Party to the Interim Agreement, but which is not Having become a Party to the Convention, in accordance with the provisions of paras. (i) or (ii) of s. (a) art. XVI of the Convention, or of s. (a) of this section;

(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 which wishes to accede to the Convention under the conditions mentioned in par. (a) of this Article (hereinafter referred to as "the requesting State") shall notify the Executive Secretary in writing and shall forward all information concerning the application to the Executive Secretary.

(d)

The Executive Secretary shall receive the request of the requesting State and submit it to the Assembly of the Parties.

(e)

The Assembly of the Parties shall rule on the request of the requesting State within six months after the date on which the Executive Secretary has decided that he is in possession of all the information requested under subs. (c) of this section. The decision of the Executive Secretary 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 and in accordance with the procedure for decisions on matters of substance. An extraordinary session of the Assembly of the Parties may be convened for that purpose.

(f)

The Executive Secretary shall notify the requesting State of the conditions of accession established by the Assembly of the Parties. These conditions of accession shall be the subject of a Protocol annexed to the instrument of accession which the State concerned shall file with the Depositary.

No Party shall incur individual liability for the acts and obligations of EUTELSAT, except where such liability is the result of a treaty to which that Party and the requesting State party are parties. In such case, EUTELSAT shall compensate the Party concerned for the amounts paid, unless the Party has expressly committed itself to such liability.

(a)

The official and working languages of EUTELSAT are English and French.

(b)

EUTELSAT collaborates, taking into account the general guidelines of the Parties on matters of common interest, with the United Nations and its specialized agencies, in particular the International Union of Telecommunications, as well as other international organizations.

(c)

In accordance with the provisions of United Nations General Assembly Resolution 1721 (XVI), EUTELSAT addresses, for information purposes, to the Secretary-General of the United Nations and the specialized agencies concerned an annual report on its Activities. The annual report is also addressed to Eutelsat SA.

(a)

The Government of the French Republic is the Depositary of the Convention, with which instruments of ratification, acceptance, approval or accession are deposited, applications for provisional application, as well as Notifications of ratification, acceptance or approval of amendments, and decisions to withdraw EUTELSAT or terminate the provisional application of the Convention.

(b)

The Convention shall be deposited in the archives of the Depositary. It shall transmit certified copies of the text of the Convention to all States which have signed it, or who have deposited their instruments of accession, as well as to the International Telecommunication Union.

(c)

The Depositary shall inform, as soon as possible, all States which have signed or acceded to the Convention and, where appropriate, the International Telecommunication Union:

(i)

Any signature of the Convention;

(ii)

The deposit of any instrument of ratification, acceptance, approval or accession;

(iii)

The commencement of the sixty-day period referred to in s. (a) art. XVII of the Convention;

(iv)

The entry into force of the Convention;

(v)

Any application for provisional application, in accordance with subs. (d) of s. XVII of the Convention;

(vi)

The appointment of the Executive Secretary referred to in s. (a) art. X of the Convention;

(vii)

The adoption and entry into force of any amendment to the Convention;

(viii)

Any notification of withdrawal;

(ix)

Any decision of the Assembly of the Parties referred to in paragraph 1. (b) art. XIII of the Convention, where a Party is deemed to have withdrawn from EUTELSAT;

X)

Any other notification or communication relating to the Convention.

(d)

Upon entry into force of the Convention, the Depositary shall transmit a certified copy of the Convention to the Secretariat of the United Nations for registration and publication, in accordance with the provisions of Art. 102 of the United Nations Charter ¹ .

In witness whereof, The undersigned, duly authorized by their respective Governments, have signed this Convention.

Open for signature in Paris, this fifteenth day of the month of July one thousand nine hundred and ninety-two in the English and French languages, both texts being equally authentic, in a single copy.

(Suivent signatures)