INSTRUMENT AMENDING THE CONVENTION OF THE INTERNATIONAL
TELECOMMUNICATION UNION
(GENEVA,
1992)
as amended by
the Plenipotentiary Conference (Kyoto, 1994) and by the
Plenipotentiary Conference (Minneapolis, 1998)
(Amendments adopted by the Plenipotentiary
Conference (Marrakesh, 2002))
PART I - Foreword
By virtue of
and in implementation of the relevant provisions of the
Convention of the International Telecommunication Union
(Geneva, 1992), as amended by the Plenipotentiary Conference
(Kyoto, 1994) and by the Plenipotentiary Conference
(Minneapolis, 1998), in particular those in Article 42 thereof,
the Plenipotentiary Conference of the International
Telecommunication Union (Marrakesh, 2002) has adopted the
following amendments to the said Convention:
CHAPTER I
FUNCTIONING OF THE UNION
SECTION 1
Article 2
Elections and Related Matters
|
The Council
|
(MOD)1
|
11
|
a)when
a Member State of the Council does not have a
representative in attendance at two consecutive ordinary
sessions of the Council; |
|
Members of the Radio Regulations
Board
|
(MOD)
|
21
|
2 If, in the
interval between two plenipotentiary conferences, a
member of the Board resigns or is no longer in a position
to perform his duties, the Secretary-General, in
consultation with the Director of the Radiocommunication
Bureau, shall invite the Member States of the region
concerned to propose candidates for the election of a
replacement at the next session of the Council. However,
if the vacancy occurs more than 90 days before a session
of the Council or after the session of the Council
preceding the next plenipotentiary conference, the Member
State concerned shall designate, as soon as possible and
within 90 days, another national as a replacement who
will remain in office until the new member elected by the
Council takes office or until the new members of the
Board elected by the next plenipotentiary conference take
office, as appropriate. The replacement shall be eligible
for election by the Council or by the Plenipotentiary
Conference, as appropriate.
|
MOD2
|
22
|
3 A member of the
Radio Regulations Board is considered no longer in a
position to perform his duties after three consecutive
absences from the Board meetings. The Secretary-General
shall, after consultation with the Board's Chairman
as well as the member of the Board and the Member State
concerned, declare existence of a vacancy in the Board
and shall proceed as stipulated in No. 21
above.
|
Article 3
Other Conferences and Assemblies
MOD
|
47
|
7 In the
consultations referred to in Nos. 42, 46, 118, 123 and
138 of this Convention and in Nos. 26, 28, 29, 31 and 36
of the General Rules of conferences, assemblies and
meetings of the Union, Member States which have not
replied within the time-limits specified by the Council
shall be regarded as not participating in the
consultations, and in consequence shall not be taken into
account in computing the majority. If the number of
replies does not exceed one-half of the Member States
consulted, a further consultation shall take place, the
results of which shall be decisive regardless of the
number of votes cast.
|
SECTION 2
Article 4
The Council
MOD
|
57
|
6 Only the
travelling, subsistence and insurance expenses incurred
by the representative of each Member State of the
Council, belonging to the category of developing
countries, the list of which is established by the United
Nations Development Programme, in that capacity at
Council sessions, shall be borne by the Union.
|
MOD
|
60A
|
9bis A Member State
which is not a Member State of the Council may, with
prior notice to the Secretary-General, send one observer
at its own expense to meetings of the Council, its
committees and its working groups. An observer shall not
have the right to vote.
|
ADD3
|
60B
|
9ter Sector Members
may be represented as observers at meetings of the
Council, its committees and its working groups, subject
to the conditions established by the Council, including
conditions relating to the number of such observers and
the procedures for appointing them.
|
ADD
|
61A
|
10bis While at all
times respecting the financial limits as adopted by the
Plenipotentiary Conference, the Council may, as
necessary, review and update the strategic plan which
forms the basis of the corresponding operational plans
and inform the Member States and Sector Members
accordingly.
|
ADD*4
|
61B
|
10ter The Council
shall adopt its own Rules of Procedure.
|
ADD
|
62A
|
1) receive and
review the specific data for strategic planning that is
provided by the Secretary-General as noted in No. 74A of
the Constitution and, in the last but not ordinary
session of the Council before the next plenipotentiary
conference, initiate the preparation of a draft new
strategic plan for the Union, drawing upon input from
Member States, Sector Members and the Sector advisory
groups, and produce a coordinated draft new strategic
plan at least four month before that plenipotentiary
conference;
|
ADD
|
62B
|
1bis) establish a
calendar for the development of strategic and financial
plans for the Union, and of operational plans for each
Sector and for the General Secretariat, so as to allow
for the development of appropriate linkage among the
plans;
|
MOD
|
73
|
7) review and
approve the biennial budget of the Union, and consider
the budget forecast (included in the financial operating
report prepared by the Secretary-General under No. 101 of
this Convention) for the two-year period following a
given budget period, taking account of the decisions of
the Plenipotentiary Conference in relation to No. 50 of
the Constitution and of the financial limits set by the
Plenipotentiary Conference in accordance with No. 51 of
the Constitution; it shall ensure the strictest possible
economy but be mindful of the obligation upon the Union
to achieve satisfactory results as expeditiously as
possible. In so doing, the Council shall take into
account the priorities established by the Plenipotentiary
Conference as expressed in the strategic plan for the
Union, the views of the Coordination Committee as
contained in the report by the Secretary-General
mentioned in No. 86 of this Convention and the financial
operating report mentioned in No. 101 of this
Convention;
|
MOD
|
79
|
13) take any
necessary steps, with the agreement of a majority of the
Member States, provisionally to resolve questions not
covered by the Constitution, this Convention and
the Administrative Regulations and which cannot await the
next competent conference for settlement;
|
MOD
|
81
|
15) send to Member
States, within 30 days after each of its sessions,
summary records on the activities of the Council and
other documents deemed useful;
|
SECTION 3
Article 5
General Secretariat
MOD
|
87A
|
dbis) prepare
annually a four-year rolling operational plan of
activities to be undertaken by the staff of the General
Secretariat consistent with the strategic plan, covering
the subsequent year and the following three-year period,
including financial implications, taking due account of
the financial plan as approved by the plenipotentiary
conference; this four-year operational plan shall be
reviewed by the advisory groups of all three Sectors, and
shall be reviewed and approved annually by the
Council;
|
SECTION 4
Article 6
Coordination Committee
(MOD)
|
111
|
4 A report shall be
made of the proceedings of the Coordination Committee and
will be made available on request to Member States of the
Council.
|
SECTION 5
Radiocommunication Sector
Article 8
Radiocommunication Assembly
ADD
|
129A
|
1bis The
radiocommunication assembly is authorized to adopt the
working methods and procedures for the management of the
Sector's activities in accordance with No. 145A of
the Constitution.
|
ADD
|
136A
|
7) decide on the
need to maintain, terminate or establish other groups and
appoint their chairmen and vice-chairmen;
|
ADD
|
136B
|
8) establish the
terms of reference for the groups referred to in No. 136A
above; such groups shall not adopt questions or
recommendations.
|
MOD
|
137A
|
4 A
radiocommunication assembly may assign specific matters
within its competence, except those relating to the
procedures contained in the Radio Regulations, to the
radiocommunication advisory group indicating the action
required on those matters.
|
Article 10
Radio Regulations Board
MOD
|
140
|
2 In addition to
the duties specified in Article 14 of the Constitution,
the Board shall:
|
|
|
1)
consider reports from the Director of the
Radiocommunication Bureau on investigations of harmful
interference carried out at the request of one or more of
the interested administrations, and formulate
recommendations with respect thereto;
|
|
|
2)
also, independently of the Radiocommunication Bureau, at
the request of one or more of the interested
administrations, consider appeals against decisions made
by the Radiocommunication Bureau regarding frequency
assignments.
|
MOD
|
141
|
3 The members of
the Board shall participate, in an advisory capacity, in
radiocommunication conferences. In this case, they shall
not participate in these conferences as members of their
national delegations.
|
ADD
|
141A
|
3bis Two members of
the Board, designated by the Board, shall participate, in
an advisory capacity, plenipotentiary conferences and
radiocommunication assemblies. In these cases, the two
members designated by the Board shall not participate in
these conferences or assemblies as members of their
national delegations.
|
ADD
|
142A
|
4bis The members of
the Board shall, while in the exercise of their duties
for the Union, as specified in the Constitution and
Convention, or while on mission for the Union, enjoy
functional privileges and immunities equivalent to those
granted to the elected officials of the Union by each
Member State, subject to the relevant provisions of the
national legislation or other applicable legislation in
each Member State. Such functional privileges and
immunities granted to members of the Board for the
purposes of the Union and not for their personal
advantage. The Union may and shall withdraw the immunity
granted to a member of the Board whenever it considers
that such immunity is contrary to the orderly
administration of justice and its withdrawal is not
prejudicial to the interests of the Union.
|
MOD
|
145
|
2) The Board shall
normally hold up to four meetings a year, of up to five
days' duration, generally at the seat of the Union,
at which at least two-thirds of its members shall be
present, and may carry out its duties using modern means
of communication. However, if the Board deems necessary,
depending upon the matters to be considered, it may
increase the number of its meetings. Exceptionally, the
meetings may be of up to two weeks'
duration.
|
Article 11A
Radiocommunication Advisory Group
MOD
|
160A
|
1 The
radiocommunication advisory group shall be open to
representatives of administrations of Member States and
representatives of Sector Members and to chairmen of the
study groups and other groups, and will act through the
Director.
|
MOD
|
160C
|
1) review
priorities, programmes, operations, financial matters and
strategies related to radiocommunication assemblies,
study groups and other groups and the preparation of
radiocommunication conferences, and any specific matters
as directed by a conference of the Union, a
radiocommunication assembly or the Council;
|
ADD
|
160CA
|
1bis) review the
implementation of the operational plan of the preceding
period in order to identify areas in which the Bureau has
not achieved or was not able to achieve the objectives
laid down in that plan, and advise the Director on the
necessary corrective measures;
|
ADD
|
160I
|
7) prepare a report
for the Radiocommunication Assembly on the matters
assigned to it in accordance with No. 137A of this
Convention and transmit it to the Director for submission
to the assembly.
|
Article 12
Radiocommunication Bureau
MOD
|
164
|
a) coordinate the
preparatory work of the study groups and other groups and
the Bureau, communicate to the Member States and Sector
Members the results of this preparatory work, collect
their comments and submit a consolidated report to the
conference which may include proposals of a regulatory
nature;
|
MOD
|
165
|
b) participate as
of right, but in an advisory capacity, in the
deliberations of radiocommunication conferences, of the
radiocommunication assembly and of the radiocommunication
study groups and other groups. The Director shall make
all necessary preparations for radiocommunication
conferences and meetings of the Radiocommunication Sector
in consultation with the General Secretariat in
accordance with No. 94 of this Convention and, as
appropriate, with the other Sectors of the Union, and
with due regard for the directives of the Council in
carrying out these preparations;
|
MOD
|
169
|
b) distribute to
all Member States the Rules of Procedure of the Board,
collect comments thereon received from administrations
and submit them to the Board;
|
MOD
|
170
|
c) process
information received from administrations in application
of the relevant provisions of the Radio Regulations and
regional agreements and their associated Rules of
Procedure and prepare it, as appropriate, in a form
suitable for publication;
|
MOD
|
175
|
3) coordinate the
work of the radiocommunication study groups and other
groups and be responsible for the organization of that
work;
|
MOD
|
175B
|
3ter) take
practical measures to facilitate the participation of
developing countries in the radiocommunication study
groups and other groups.
|
MOD
|
180
|
d) submit to the
world radiocommunication conference a report on the
activities of the Radiocommunication Sector since the
last conference; if a world radiocommunication conference
is not planned, a report on the activities of the Sector
covering the period since the last conference shall be
submitted to the Council and, for information, to Member
States and Sector Members;
|
MOD
|
181A
|
f) prepare annually
a rolling four-year operational plan that covers the
subsequent year and the following three-year period,
including financial implications of activities to be
undertaken by the Bureau in support of the Sector as a
whole; this four-year operational plan shall be reviewed
by the radiocommunication advisory group in accordance
with Article 11A of this Convention, and shall be
reviewed and approved annually by the Council;
|
SECTION 6
Telecommunication Standardization
Sector
Article 13
World Telecommunication Standardization
Assembly
ADD
|
184A
|
1bis The world
telecommunication standardization assembly is authorized
to adopt the working methods and procedures for the
management of the Sector's activities in accordance
with No. 145A of the Constitution.
|
MOD
|
187
|
a) consider the
reports of study groups prepared in accordance with No.
194 of this Convention and approve, modify or reject
draft recommendations contained in those reports, and
consider the reports of the telecommunication
standardization advisory group in accordance with Nos.
197H and 197I of this Convention;
|
ADD
|
191bis
|
f) decide on the
need to maintain, terminate or establish other groups and
appoint their chairmen and vice-chairmen;
|
ADD
|
191ter
|
g) establish the
terms of reference for the groups referred to in No.
191bis above; such groups shall not adopt
questions or recommendations.
|
MOD
|
191B
|
5 A world
telecommunication standardization assembly shall be
presided over by a chairman designated by the government
of the country in which the meeting is held or, in the
case of a meeting held at the seat of the Union, by a
chairman elected by the assembly itself. The chairman
shall be assisted by vice-chairmen elected by the
assembly.
|
Article 14A
Telecommunication Standardization Advisory
Group
MOD
|
197A
|
1 The
telecommunication standardization advisory group shall be
open to representatives of administrations of Member
States and representatives of Sector Members and to
chairmen of the study groups and other groups.
|
ADD
|
197CA
|
1bis) review the
implementation of the operational plan of the preceding
period in order to identify areas in which the Bureau has
not achieved or was not able to achieve the objectives
laid down in that plan, and advise the Director on the
necessary corrective measures;
|
Article 15
Telecommunication Standardization
Bureau
MOD
|
200
|
a) update annually
the work programme approved by the world
telecommunication standardization assembly, in
consultation with the chairmen of the telecommunication
standardization study groups and other groups;
|
MOD
|
201
|
b) participate, as
of right, but in an advisory capacity, in the
deliberations of the world telecommunication
standardization assemblies and of the telecommunication
standardization study groups and other groups. The
Director shall make all necessary preparations for
assemblies and meetings of the Telecommunication
Standardization Sector in consultation with the General
Secretariat in accordance with No. 94 of this Convention
and, as appropriate, with the other Sectors of the Union,
and with due regard for the directives of the Council
concerning these preparations;
|
MOD
|
205A
|
g) prepare annually
a rolling four-year operational plan that covers the
subsequent year and the following three-year period,
including financial implications of activities to be
undertaken by the Bureau in support of the Sector as a
whole; this four-year operational plan shall be reviewed
by the telecommunication standardization advisory group
in accordance with Article 14A of this Convention, and
shall be reviewed and approved annually by the
Council;
|
SECTION 7
Telecommunication Development Sector
Article 16
Telecommunication Development
Conferences
ADD
|
207A
|
1 The world
telecommunication development conference is authorized to
adopt the working methods and procedures for the
management of the Sector's activities in accordance
with No. 145A of the Constitution.
|
ADD
|
209A
|
a
bis) decide on the need to
maintain, terminate or establish other groups and appoint
their chairmen and vice-chairmen;
|
ADD
|
209B
|
a
ter) establish the terms of
reference for the groups referred to in No. 209A above;
such groups shall not adopt questions or
recommendations.
|
MOD
|
210
|
b) regional
telecommunication development conferences shall consider
questions and priorities relating to telecommunication
development, taking into account the needs and
characteristics of the region concerned, and may also
submit recommendations to world telecommunication
development conferences;
|
MOD
|
213A
|
3 A
telecommunication development conference may assign
specific matters within its competence to the
telecommunication development advisory group, indicating
the recommended action on those matters.
|
Article 17A
Telecommunication Development Advisory
Group
MOD
|
215C
|
1 The
telecommunication development advisory group shall be
open to representatives of administrations of Member
States and representatives of Sector Members and to
chairmen and vice-chairmen of study groups and other
groups.
|
ADD
|
215EA
|
1
bis) review the
implementation of the operational plan of the preceding
period in order to identify areas in which the Bureau has
not achieved or was not able to achieve the objectives
laid down in that plan, and advise the Director on the
necessary corrective measures.
|
ADD
|
215JA
|
6
bis) prepare a report for
the telecommunication development conference on the
matters assigned to it in accordance with No. 213A of
this Convention and transmit it to the Director for
submission to the conference.
|
Article 18
Telecommunication Development Bureau
MOD
|
218
|
a) participate as
of right, but in an advisory capacity, in the
deliberations of the telecommunication development
conferences and of the telecommunication development
study groups and other groups. The Director shall make
all necessary preparations for conferences and meetings
of the Telecommunication Development Sector in
consultation with the General Secretariat in accordance
with No. 94 of this Convention and, as appropriate, with
the other Sectors of the Union, and with due regard for
the directives of the Council in carrying out these
preparations;
|
MOD
|
223A
|
g) prepare annually
a rolling four-year operational plan that covers the
subsequent year and the following three-year period,
including financial implications of activities to be
undertaken by the Bureau in support of the Sector as a
whole; this four-year operational plan shall be reviewed
by the telecommunication development advisory group in
accordance with Article 17A of this Convention, and shall
be reviewed and approved annually by the
Council;
|
CHAPTER II
MOD
|
SPECIFIC PROVISIONS REGARDING
CONFERENCES AND ASSEMBLIES
|
Article 23
MOD
|
Admission to Plenipotentiary
Conferences
|
SUP*5
|
255 to 266
|
|
(MOD)
|
267
|
1 The following
shall be admitted to plenipotentiary
conferences:
|
ADD
|
268A
|
b) the elected
officials, in an advisory capacity;
|
ADD
|
268B
|
c) the Radio
Regulations Board, in accordance with No. 141A of this
Convention, in an advisory capacity;
|
MOD
|
269
|
d) observers of the
following organizations, agencies and
entities:
|
ADD*
|
269A
|
i) the United
Nations;
|
ADD*
|
269B
|
ii) regional
telecommunication organizations mentioned in Article 43
of the Constitution;
|
ADD*
|
269C
|
iii) intergovernmental organizations operating
satellite systems;
|
ADD*
|
269D
|
iv) the specialized
agencies of the United Nations and the International
Atomic Energy Agency;
|
ADD*
|
269E
|
v) Sector Members
referred to in Nos. 229 and 231 of this Convention and
organizations of an international character representing
them.
|
ADD*
|
269F
|
2 The General
Secretariat and the three Bureaux of the Union shall be
represented at the conference in an advisory
capacity.
|
Article 24
MOD
|
Admission to Radiocommunication
Conferences
|
SUP*
|
270 to 275
|
|
|
(MOD)
|
276
|
1 The following
shall be admitted to radiocommunication
conferences:
|
(MOD)
|
278
|
b) observers of
organizations and agencies referred to in Nos. 269A to
269D of this Convention;
|
MOD
|
279
|
c) observers of
other international organizations invited by the
government and admitted by the conference in accordance
with the relevant provisions of Chapter I of the General
Rules of conferences, assemblies and meetings of the
Union;
|
SUP*
|
281
|
|
|
(MOD)
|
282
|
e) observers of
Member States participating in a non-voting capacity in a
regional radiocommunication conference of a region other
than that to which the said Member States
belong;
|
ADD*
|
282A
|
f) in an advisory
capacity, the elected officials, when the conference is
discussing matters coming within their competence, and
the members of the Radio Regulations Board.
|
Article 25
MOD
|
Admission to Radiocommunication
Assemblies, World Telecommunication Standardization
Assemblies and Telecommunication Development
Conferences
|
SUP*
|
283 to 294
|
|
|
(MOD)
|
295
|
1 The following
shall be admitted to the assembly or
conference:
|
MOD
|
297
|
b) observers of the
following organizations and agencies:
|
SUP*
|
298
|
|
|
ADD*
|
298A
|
i) regional
telecommunication organizations mentioned in Article 43
of the Constitution;
|
ADD*
|
298B
|
ii) intergovernmental organizations operating
satellite systems;
|
ADD*
|
298C
|
iii) any other
regional organization or other international organization
dealing with matters of interest to the assembly or
conference;
|
ADD*
|
298D
|
iv) the United
Nations;
|
ADD*
|
298E
|
v) the specialized
agencies of the United Nations and the International
Atomic Energy Agency;
|
ADD*
|
298F
|
c) representatives
of Sector Members concerned.
|
ADD
|
298G
|
2 The elected
officials, the General Secretariat and the Bureaux of the
Union, as appropriate, shall be represented at the
assembly or conference in an advisory capacity. Two
members of the Radio Regulations Board, designed by the
Board, shall participate in radiocommunication assemblies
in an advisory capacity.
|
SUP*
|
Article 26
Article 27
Article 28
Article 29
Article 30
|
SUP*
|
SUP*
|
SUP*
|
SUP*
|
Article 31
Credentials for Conferences
MOD
|
334
|
5 Credentials shall
be deposited with the secretariat of the conference as
early as possible; to that end, Member States should send
their credentials, prior to the opening date of the
conference, to the Secretary-General who shall transmit
them to the secretariat of the conference as soon as the
latter has been established. The committee referred to in
No. 68 of General Rules of conferences, assemblies and
other meetings of the Union shall be entrusted with the
verification thereof and shall report on its conclusions
to the Plenary Meeting within the time specified by the
latter. Pending the decision of the Plenary Meeting
thereon, any delegation shall be entitled to participate
in the conference and to exercise the right to vote of
the Member State concerned.
|
CHAPTER III
RULES OF PROCEDURE
Article 32
MOD
|
General Rules of Conferences,
Assemblies and Meetings of the Union
|
MOD
|
339A
|
1 The General Rules
of conferences, assemblies and meetings of the Union are
adopted by the Plenipotentiary Conference. The provisions
governing the procedure for amending those Rules and the
entry into force of amendments are contained in the Rules
themselves.
|
MOD
|
340
|
2 The General Rules
of conferences, assemblies and meetings of the Union
shall apply without prejudice to the amendment provisions
contained in Article 55 of the Constitution and in
Article 42 of this Convention.
|
CHAPTER IV
OTHER PROVISIONS
Article 33
Finances
MOD
|
476
|
4
|
1) The
organizations referred to in Nos. 269A to 269E of this
Convention and other organizations of an international
character (unless they have been exempted by the Council,
subject to reciprocity) and Sector Members which
participate, in accordance with the provisions of this
Convention, in a plenipotentiary conference, in a
conference, assembly or meeting of a Sector of the Union,
or in a world conference on international
telecommunications, shall share in defraying the expenses
of the conferences, assemblies and meetings in which they
participate on the basis of the cost of these conferences
and meetings and in accordance with the Financial
Regulations. Nevertheless, Sector Members will not be
charged separately for their attendance at a conference,
assembly or meeting of their respective Sectors, except
in the case of regional radiocommunication
conferences.
|
CHAPTER VI
ARBITRATION AND AMENDMENT
Article 42
Provisions for Amending this Convention
MOD
|
523
|
5 Unless specified
otherwise in the preceding paragraphs of this Article,
which shall prevail, the General Rules of conferences,
assemblies and meetings of the Union shall
apply.
|
1 Editorial
modification of an existing provision
2 Modification of an
existing provision
3 Addition of new
provision
4 An existing provision
moved from another place in the Final Acts to the place
indicated
5 Provision moved to
another place in the Final Acts
PART II
- Date of Entry into Force
The
amendments contained in the present instrument shall, as a
whole and in the form of one single instrument, enter into
force on 1 January 2004 between Member States being at that
time parties to the Constitution and the Convention of the
International Telecommunication Union (Geneva, 1992), and
having deposited before that date their instrument of
ratification, acceptance or approval of, or accession to, the
present amending instrument.
IN WITNESS
WHEREOF, the respective plenipotentiaries have signed the
original of the present instrument amending the Convention of
the International Telecommunication Union (Geneva, 1992), as
amended by the Plenipotentiary Conference (Kyoto, 1994) and by
Plenipotentiary Conference (Minneapolis, 1998).
Done at
Marrakesh, 18 October 2002
|
|
Statuss: Veids: starptautisks dokuments daudzpusējs Pieņemts: 18.10.2002. Stājas spēkā: 25.11.2005. Pieņemšanas vieta: Marakeša Ratificēja: Saeima Atruna: Nav Deklarācija: Nav Dokumenta valoda:
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