Advanced Search

RS 0.784.404 European Agreement of 22 January 1965 for the suppression of broadcasting programmes carried out by stations outside the national territories

Original Language Title: RS 0.784.404 Accord européen du 22 janvier 1965 pour la répression des émissions de radiodiffusion effectuées par des stations hors des territoires nationaux

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.784.404

Original text

European Agreement for the Repression of Broadcasting Emissions from Stations outside the National Territories

Conclu in Strasbourg on 22 January 1965
Approved by the Federal Assembly on 30 September 1975 1
Instrument of ratification deposited by Switzerland on 18 August 1976
Entered into force for Switzerland on 19 September 1976

(Status on 15 November 2005)

The member States of the Council of Europe, signatories to this Agreement,

Considering that the aim of the Council of Europe is to achieve a closer union among its Members;

Considering that the Radio Regulations 2 Annexed to the International Telecommunication Convention 3 Prohibit the establishment and use of broadcasting stations on board ships, aircraft or any floating or airborne object outside the national territories;

Considering also the usefulness of providing for the possibility of prohibiting the installation and use of broadcasting stations on objects fixed or in support of the seabed outside the national territories;

Considering the interest of European cooperation in this matter,

Have agreed as follows:

Art. 1

This Agreement covers broadcasting stations installed or in service on board a ship, aircraft or other floating or airborne object, and which, outside the national territories, transmit emissions to be received, or May be received, in whole or in part, in the territory of one of the Contracting Parties, or which cause harmful interference to a radiocommunication service operated with the authorization of one of the Contracting Parties, in accordance with the Radio Regulations.

Art. 2

1. Each Contracting Party undertakes to take, in accordance with its domestic legal order, the measures necessary to suppress the establishment of stations referred to in Art. 1, their exploitation and the acts of collaboration carried out knowingly for that purpose.

2. Shall be considered to be acts of collaboration with respect to the stations referred to in s. 1, the following acts:

(a)
The supply, maintenance or repair of equipment;
(b)
Supply of supply;
(c)
The provision of means of transport or the transport of persons, equipment or supplies;
(d)
The order or the making of productions of any kind, including advertising, intended to be broadcast;
(e)
The provision of advertising services to interested stations.
Art. 3

Each Contracting Party undertakes to apply, in accordance with its national law, the rules provided for in this Agreement in respect of:

(a)
Of its nationals who have committed any of the acts referred to in s. 2, either on its territory or on board its ships or aircraft, or, outside the national territories, on board ships, aircraft or any other floating or airborne object;
(b)
Aliens who have committed one of these acts on their territory or on board ships or aircraft having their nationality, or on board any other floating or airborne object within its jurisdiction.
Art. 4

None of the provisions of this Agreement shall be deemed to prevent the Contracting Parties:

(a)
To punish acts other than those provided for in s. 2 or those committed by persons other than those referred to in s. 3;
(b)
To apply the provisions of this Agreement to broadcasting stations installed or in services on objects fixed or in support of the seabed.
Art. 5

It is open to the Contracting Parties not to apply this Agreement to performers' performances that have been provided outside of the stations referred to in Art. 1.

Art. 6

The provisions of Art. 2 does not apply to acts performed in order to rescue a ship, aircraft or floating or airborne object in distress or to safeguard human life.

Art. 7

No reservation shall be made to the provisions of this Agreement.

Art. 8

1. This Agreement shall be open for signature by the member States of the Council of Europe which may become Parties to this Agreement by:

(a)
Signature without reservation of ratification or acceptance, or
(b)
Signature subject to ratification or acceptance followed by ratification or acceptance.

2. Instruments of ratification or acceptance shall be deposited with the Secretary General of the Council of Europe.

Art.

1. This Agreement shall enter into force one month after the date on which three member States of the Council, in accordance with the provisions of Art. 8, have signed the Agreement without reservation as to ratification or acceptance, or have deposited their instruments of ratification or acceptance.

2. For any Member State which subsequently signs it without reservation as to ratification or acceptance or ratifies or accepts it, the Agreement shall enter into force one month after the date of signature or deposit of the instrument of ratification or Of acceptance.

Art. 10

After the entry into force of this Agreement, any Member or Associate Member of the International Telecommunication Union which is not a Member of the Council of Europe may, with the prior agreement of the Committee of Ministers, accede to this Agreement.

2. Accession shall be effected by the deposit, by the Secretary General of the Council of Europe, of an instrument of accession which shall take effect one month after the date of its deposit.

Art. 11

(1) Any Contracting Party may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance or accession, designate the territory or territories to which this Agreement shall apply.

(2) Any Contracting Party may, at the time of the deposit of its instrument of ratification, acceptance or accession, or at any other time thereafter, extend the application of this Agreement by declaration addressed to the Secretary General of Europe, To any other territory designated in the declaration of which it secures international relations or for which it is entitled to stipulate.

(3) Any declaration made under the preceding paragraph may be withdrawn, in respect of any territory designated in that declaration, under the conditions laid down in Art. 12 of this Agreement.

Art. 12

(1) This Agreement shall remain in force without limitation of duration.

2. Any Contracting Party may, as far as it is concerned, denounce this Agreement by sending a notification to the Secretary General of the Council of Europe.

The denunciation shall take effect six months after the date of receipt of the notification by the Secretary General.

Art. 13 Scope of application 7 October 2005

The Secretary General of the Council of Europe shall notify the member States of the Council and the Government of any State which has acceded to this Agreement:

(a)
Any signature without reservation of ratification or acceptance;
(b)
Any signature subject to ratification or acceptance;
(c)
The deposit of any instrument of ratification, acceptance or accession;
(d)
Any date of entry into force of this Agreement in accordance with its art. 9 and 10;
(e)
Any statement received pursuant to the provisions of s. 2 and 3 of Art. 11;
(f)
Any notification received pursuant to the provisions of Art. 12 and the date on which the denunciation takes effect.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Agreement.

Done at Strasbourg, on 22 January 1965 in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each of the signatory and acceding States.

(Suivent signatures)

Scope of application 7 October 2005

States Parties

Ratification Accession (A)

Entry into force

Germany

30 January

1970

28 February

1970

Belgium

18 September

1967

19 October

1967

Cyprus

1 Er September

1971

2 October

1971

Croatia

30 November

2004

31 December

2004

Denmark

22 September

1965

19 October

1967

Spain

10 February

1988

March 11

1988

France

March 5

1968

April 6

1968

Greece

July 13

1979

August 14

1979

Ireland

22 January

1969

23 February

1969

Italy

18 February

1983

19 March

1983

Liechtenstein

13 January

1977 A

February 14

1977

Norway

16 September

1971

17 October

1971

Netherlands

26 August

1974

27 September

1974

Poland

10 October

1994

11 November

1994

Portugal

August 6

1969 A

7 September

1969

United Kingdom

2 November

1967 A

3 December

1967

Isle of Man

2 November

1967 A

3 December

1967

Channel Islands

2 November

1967 A

3 December

1967

Sweden

15 June

1966

19 October

1967

Switzerland

August 18

1976

19 September

1976

Turkey

16 January

1975

17 February

1975


RO 1976 1949; FF 1975 I 401


1 AF of Sept. 30. 1975 (RO 1976 1948)
2 RS 0.784.403
3 RS 0.784.16


Status on 15 November 2005