Obsah (10)

Article 4Article 9Article 6Article 15Article 16Article 19Article 5Article 7Article 23Article 22

Saeima ir pieņēmusi un Valsts prezidents izsludina šādu likumu: Par 1982.gada 15.jūlija Eiropas satelīttelekomunikāciju organizācijas "EUTELSAT" konvenciju un Darbības līgumu 1.pants. 1982.gada 15.jūl

telecommunications by satellite for the development

relations between their peoples and their economies, and their desire to strengthen their co-operation in this field, Noting that the Provisional European Telecommunications Satellite Organization "INTERIM EUTELSAT" was established for the purpose

operating space segments

European telecommunications satellite systems, Considering the relevant provisions

the Treaty on Principles Governing the Activities

States in the Exploration and Use

Outer Space, Including the Moon and Other Celestial Bodies, done at London, Moscow and Washington on 27 January 1967, Wishing to continue the establishment

these telecommunications satellite systems as part

an improved European telecommunications network for providing expanded telecommunications services to all participating States and this without prejudice to any rights and obligations

the States which are parties to the Agreement relating to the International Telecommunications Satellite Organization "INTELSAT", done at Washington on 20 August 1971, or to the Convention on the International Maritime Telecommunications Satellite Organization "INMARSAT", done at London on 3 September 1976, Determined, to this end, to provide, through the most appropriate space telecommunications technology available, the most efficient and economic facilities possible consistent with the most efficient and equitable use

the radio-frequency spectrum and

orbital space, Agree as follows: Article I Definitions For the purposes

this Convention:

1. a)"Convention" means the Convention establishing the European Telecommunications Satellite Organization "EUTELSAT", including its Preamble and its Annexes, opened for signature by Governments at Paris on 15 July 1982;
2. b)"Operating Agreement" means the Operating Agreement relating to the European Telecommunications Satellite Organization "EUTELSAT", including its Preamble and its Annexes, opened for signature at Paris on 15 July 1982;
3. c)"Provisional Agreement" means the Agreement on the Constitution

a Provisional European Telecommunications Satellite Organization "INTERIM EUTELSAT", done at Paris on 13 May 1977 between Administrations or Recognized Private Operating Agencies and deposited with the French Administration; d) "ECS Agreement" means the Supplementary Agreement to the Provisional Agreement relating to the space segment

the Satellite Telecommunications System for the Fixed Service (ECS), done at Paris or 10 March 1978;

1. e)"Party" means a State for which the Convention has entered into force or has been provisionally applied;
2. f)"Signatory" means the telecommunications entity or the Party which has signed the Operating Agreement and for which it has entered into force or has been provisionally applied;
3. g)"Space segment" means a set

telecommunications satellites, and the tracking, telemetering, command, control, monitoring and related facilities and equipment for the operational support

those satellites; h) "EUTELSAT Space Segment" means the space segment owned or leased by EUTELSAT for the purpose

the objectives listed under paragraphs a), b), c) and e)

Article III

the Convention;

1. i)"Satellite telecommunications system" means the unit formed by a space segment and the earth stations having access to that space segment;
2. j)"Telecommunications" means any transmission, emission or reception

signs, signals, writing, images and sounds or intelligence

any nature, by wire, radio, optical or other electromagnetic systems; k) "Public telecommunications services" means fixed or mobile telecommunications services which can be provided by satellite and which are available to the public, such as telephony, telegraphy, telex, facsimile, data transmission, videotex, transmission

radio and television programmes between approved earth stations having access to the EUTELSAT Space Segment for further transmission to the public; multiservices transmissions, and leased circuits to be used in any

these services; l) "Specialized telecommunications services" means telecommunications services which can be provided by satellite, other than those defined in paragraph k)

this Article, including, but not limited to, radio-navigation services, broadcasting satellite services, space research services, meteorological services, and remote sensing

earth resources. Article II Establishment

EUTELSAT

1. a)The Parties hereby establish the European Telecommunications Satellite Organization "EUTELSAT", hereinafter referred to as "EUTELSAT".
2. b)Each Party shall designate to sign the Operating Agreement one or more entities subject to its jurisdiction, unless such Party itself signs the Operating Agreement. Each Party shall ensure that any entity designated by it is licensed to operate telecommunications services and has declared its intention to utilize the EUTELSAT Space Segment and to support the activities

EUTELSAT. c) Telecommunications Administrations and entities may, subject to applicable domestic law, negotiate and enter directly into traffic agreements for their use

telecommunications facilities provided under the Convention and the Operating Agreement, as well as for services to the public, installations, division

revenues and related business arrangements. d) The relevant provisions

Annex A to the Convention shall apply for the purpose

ensuring continuity between the activities

INTERIM EUTELSAT and those

EUTELSAT. Article III Scope

EUTELSAT activities a) The main purpose

EUTELSAT shall be the design, development construction, establishment, operation and maintenance

the space segment

the European telecommunications satellite system or systems In this context, EUTELSAT shall have as its prime objective the provision

the space segment required for international public telecommunications services in Europe. b) The EUTELSAT Space Segment shall also be made available on the same basis as international public telecommunications services for domestic public telecommunications services in Europe, either between areas separated by areas separated by areas which do not fall under the jurisdiction

the same Party or between areas falling under the jurisdiction

the same Party but separated by the high seas. c) As long as the ability

EUTELSAT to achieve its prime objective is not impaired, the EUTELSAT Space Segment may also be made available for other domestic or international public telecommunications services. d) In the implementation

its activities EUTELSAT shall apply the principle

non-discrimination as between Signatories. e) On request and under appropriate terms and conditions, the EUTELSAT Space Segment, existing or being implemented at the time

such a request, may also be utilized in Europe for specialized telecommunications services either international or domestic as defined in paragraph 1)

Article I

the Convention, but not for military purposes, provided that: i) the provision

public telecommunications services is not unfavourably affected, and ii) the arrangements are otherwise acceptable from a technical and economic point

view.

1. f)EUTELSAT may, on request and under appropriate terms and conditions, provide satellites and associated equipment separate from those for the EUTELSAT Space Segment for:
2. i)domestic public telecommunications services;
3. ii)international public telecommunications services; iii) specialized telecommunications services, other than for military purposes ; provided that the efficient and economic operation

the EUTELSAT Space Segment is not unfavourably affected in any way.

1. g)EUTELSAT may undertake any research and experimentation in fields directly connected with its purposes. Article IV Legal Personality
2. a)EUTELSAT shall have legal personality.
3. b)EUTELSAT shall enjoy the full capacity necessary for the exercise

its functions and the achievement

its purposes, and may in particular:

1. i)enter into contracts;
2. ii)acquire, lease, hold and dispose

movable and immovable property; iii) be a party to legal proceedings;

1. iv)conclude agreements with States or international organizations. Article V Financial Principles
2. a)EUTELSAT shall own or lease the EUTELSAT Space Segment and shall own all other property acquired by EUTELSAT. The Signatories shall be responsible for financing EUTELSAT.
3. b)EUTELSAT shall operate on a sound economic and financial basis having regard to accepted commercial principles.
4. c)Each Signatory shall have a financial interest in EUTELSAT in proportion to its investment share and this shall correspond to its percentage

all utilization

the EUTELSAT Space Segment by all Signatories as determined under the Operating Agreement. However, no Signatory, even if its utilization

the EUTELSAT Space Segment is nil, shall have an investment share less than the minimum investment share specified in the Operating Agreement. d) Each Signatory shall contribute to the capital requirements

EUTELSAT and shall receive capital repayment and compensation for use

capital in accordance with the Operating Agreement. e) All users

the EUTELSAT Space Segment shall pay utilization charges determined in accordance with the provisions

the Convention and the Operating Agreement. i) The rates

utilization charge for each type

utilization shall be the same for all public or private telecommunications entities in territories under the jurisdiction

Parties, which apply for space segment capacity for that type

utilization. ii) For public or private telecommunications entities authorized to utilize the EUTELSAT Space Segment under Article 16

the Operating Agreement for territories which are not under the jurisdiction

a Party, the Board

Signatories may determine rates

utilization charge different from those referred to in subparagraph i) above, but the same rate shall be applied to these entities for the same type

utilization. f) The satellites and separate associated equipment referred to in paragraph f)

Article Ill

the Convention may, by the unanimous decision

the Board

Signatories, be financed by EUTELSAT. Otherwise they shall be financed by those requesting them on terms and conditions set by the Board

Signatories with a view to covering at least all relevant costs borne by EUTELSAT, which costs shall not be considered as part

the capital requirements

EUTELSAT as defined in paragraph b)

Article 4

the Operating Agreement. Such satellites and associated equipment do not form part

the EUTELSAT Space Segment within the meaning

paragraph h)

Article I

the Convention. Article VI Structure

EUTELSAT

1. a)EUTELSAT shall have the following organs:
2. i)the Assembly

Parties; ii) the Board

Signatories ; iii) an executive organ, headed by a Director General. b) Each organ shall act within the limits

the powers that are conferred upon it by the Convention or by the Operating Agreement. No organ shall act such a way as to harm the exercise by another organ

the powers vested it by the Convention or by the Operating Agreement. Article VII Assembly

Parties - Composition and Meetings a) The Assembly

Parties shall be composed

all the Parties. b) A Party may be represented by another Party in a meeting

the Assembly

Parties, but no Party may represent more than two other Parties. c) The first ordinary meeting

the Assembly

Parties shall be convened by the Director General within one year after the date on which the Convention enters into force. Ordinary meetings shall thereafter be held every two years unless the Assembly

Parties decides at an ordinary meeting that the following meeting shall be held at a different interval. d) The Assembly

Parties may also hold extraordinary meetings at the request

one or more Parties supported by at least one-third

the Parties or at the request

the Board

Signatories. Such a request shall state the purpose

the meeting. e) Each Party shall meet its own costs

representation at meetings

the Assembly

Parties. Expenses

meetings

the Assembly

Parties shall be regarded as an administrative cost

EUTELSAT for the purpose

Article 9

the Operating Agreement. Article VIII Assembly

Parties - Procedure a) Each Party shall have one vote in the Assembly

Parties. Parties abstaining from voting shall be considered as not voting. b) Decisions on matters

substance shall be taken by an affirmative vote cast by at least two-thirds

the Parties present or represented and voting. A Party which represents one or two other Parties under paragraph b)

Article VII

the Convention may vote separately for each Party it represents. c) Decisions on procedural matters shall be taken by an affirmative vote cast by a simple majority

the Parties present and voting, each having one vote. d) A quorum for any meeting

the Assembly

Parties shall consist

representatives

a simple majority

all the Parties, provided that not less than one-third

all the Parties are present. e) The Assembly

Parties shall adopt its rules

procedure, which shall be consistent with the provisions

the Convention and which, in particular shall include provisions for: i) election

its Chairman and other

ficers; ii) convening

meetings; iii) representation and accreditation; iv) voting procedures. Article IX Assembly

Parties - Functions a) The Assembly

Parties, which may concern itself with any aspect

EUTELSAT which affects the interests

the Parties, shall have the following functions: i) to give consideration to the general policy and long-term objectives

EUTELSAT consistent with the principles, objectives and scope

activities

EUTELSAT, as provided for in the Convention, and to express views or make recommendations, thereon to the Board

Signatories; ii) to recommend to the Board

Signatories appropriate measures to prevent the activities

EUTELSAT from conflicting with any general multilateral convention which is consistent with the Convention and which is acceded to by at least a simple majority

the Parties; iii) to authorize, through general rules or by specific decisions on the recommendation

the Board

Signatories: A) the utilization

the EUTELSAT Space Segment for specialized telecommunications services in accordance with paragraph e)

Article III

the Convention; B) the provision

satellites and associated equipment separate from the EUTELSAT Space Segment for specialized telecommunications services in accordance with subparagraph iii)

paragraph f)

Article III

the Convention; C) the provision

satellites and associated equipment separate from the EUTELSAT Space Segment for public telecommunications services in accordance with subparagraphs i) and ii)

paragraph f)

Article III

the Convention to States which are not Parties and to any entity under the jurisdiction

such States. iv) to decide on other recommendations

the Board

Signatories and express views on reports submitted to it by the Board

Signatories; v) to express, under paragraph a)

Article XVI

the Convention, its views on the intended establishment, acquisition or utilization

space segment equipment separate from that

the EUTELSAT Space Segment; vi) to take decisions on formal relations between EUTELSAT and States whether Parties or not, or international organizations, and in particular to approve the Headquarters Agreement mentioned in paragraph c)

Article XVII

the Convention; vii) to consider complaints submitted to it by Parties; viii) to take decisions, under paragraph b)

Article XVIII

the Convention, about the withdrawal

a Party from EUTELSAT; ix) to decide upon any proposal for amendment to the Convention under Article XIX

the Convention, taking into account any views or recommendations received from the Board

Signatories and in accordance with Article 22

the Operating Agreement to propose amendments to the Operating Agreement and express its views and make recommendations on amendments to the Operating Agreement proposed otherwise; x) to decide upon any request for accession made in accordance with paragraph e)

Article XXIII

the Convention. b) The Assembly

Parties shall exercise any function necessary for the performance

EUTELSAT's purpose that is not expressly attributed to another organ under the Convention. c) In performing its functions the Assembly

Parties shall take into account any relevant recommendations

the Board

Signatories. Article X Board

Signatories - Composition a) The Board

Signatories shall be composed

Board Members, each Board Member representing at least one Signatory whose investment share is not less than 0.1 percent

the total investment shares. b) A Signatory, whether or not a Board Member, may be represented by another Signatory being a Board Member, but no Board Member may represent more than four other Signatories. Article XI Board

Signatories - Procedure a) Each Signatory shall have a voting participation equal to its investment share subject to the application

paragraphs b), c) and d)

this Article. Signatories abstaining from voting shall be considered as not voting. b) Until the first determination

investment shares based on utilization under paragraph d)

Article 6

the Operating Agreement, the investment share on which a Signatory's voting participation is based shall be determined in accordance with Annex B to the Operating Agreement. After the first determination

investment shares based on utilization, the investment share on which a Signatory's voting participation is based shall be derived from the utilization

the EUTELSAT Space Segment by that Signatory for international and domestic public telecommunications services, subject to the exceptions stated in paragraphs c) and d)

this Article. c) No Signatory shall have more than 20 per cent

the total voting participation in EUTELSAT. However, the increase

investment shares voluntarily acquired by a Signatory until the operational use

the extension under paragraph d)

Article 4

the Operating Agreement shall, for this period, augment the voting participation

that Signatory by a maximum

5 per cent, regardless

the 20 per cent limit mentioned in this paragraph. To the extent that the voting participation

any Signatory would otherwise have exceeded the permissible voting participation, the excess shall be distributed equally among other Signatories. d) For the purpose

paragraph b)

this Article, whenever a Signatory is granted a smaller or greater investment share under paragraph h)

Article 6

the Operating Agreement, the reduction or increase shall be applied proportionately to all types

utilization. e) The voting participation

each Signatory, defined in paragraph a)

this Article, shall be calculated in accordance with the determination

its investment share under Article 6

the Operating Agreement. Any recalculation

its voting participation shall take effect from the effective date

redetermination

its investment share under paragraph e)

Article 6

the Operating Agreement. f) A quorum for any meeting

the Board

Signatories shall consist either

a simple majority

all Board Members (as defined in paragraph a)

Article X) having the right to vote, provided that that majority have at least two-thirds

the total voting participation

all the Board Members having the right to vote, or

Board Members representing the total number

Board Members having the right to vote minus three, regardless

the voting participation the latter represent. g) The Board

Signatories shall try to take decisions unanimously. Otherwise decisions shall be taken as follows: i) subject to the special provisions in subparagraphs ii) and iii)

this paragraph, decisions on matters

substance shall be taken: • either by an affirmative vote

Board Members representing at least four Signatories having at least two-thirds

the total voting participation

all the Signatories who have the right to have their voting participation taken into account, • or by an affirmative vote cast by at least the total number

Signatories present or represented minus three, regardless

the voting participation the latter represent; ii) decisions on any adjustment

the capital ceiling which might be required to meet the objectives specified in paragraphs a) and b)

Article III

the Convention shall be taken by an affirmative vote cast by at least a simple majority

the Signatories present or represented and having at least two-thirds

the total voting participation; iii) decisions on any adjustment

the capital ceiling which might be required to undertake new program's involving capital investments which are required to meet objectives other than those specified in paragraphs a) and b)

Article III

the Convention shall be taken by an affirmative vote cast by at least two-thirds

the Signatories present or represented and having at least two-thirds

the total voting participation; iv) decisions on procedural matters shall be taken by an affirmative vote cast by a simple majority

the Board Members present and voting, each having one vote; v) except in the case

decisions to be taken under subparagraph iv)

this paragraph, a Board Member to whom representation has been delegated under paragraph b)

Article X

the Convention may vote separately for each Signatory he represents. h) The Board

Signatories shall adopt its rules

procedure, which shall be consistent with the provisions

the Convention and which, in particular, shall include provisions for: i) election

its Chairman and other

ficers; ii) convening

meetings; iii) representation and accreditation;

1. iv)voting procedures.
2. i)The Board

Signatories may create Advisory Committees to assist it in performing its functions. j) The first meeting

the Board

Signatories shall be convened in accordance with paragraph I

Annex A to the Operating Agreement. The Board

Signatories shall thereafter meet as necessary but at least three times a year. Article XII Board

Signatories - Functions a) The Board

Signatories shall have the responsibility for the design, development, construction, establishment, acquisition by purchase or lease, operation and maintenance

the EUTELSAT Space Segment and for any other activities which EUTELSAT is authorized to undertake. b) The Board

Signatories shall carry out those functions necessary to discharge its responsibilities under paragraph a)

this Article, including but not limited to: i) adoption

policies, plans, programmes and procedures for the design, development, construction, establishment, acquisition, operation and maintenance

the EUTELSAT Space Segment and any other activities which EUTELSAT is authorized to undertake; ii) adoption

procurement procedures, regulations and contract terms and conditions, as well as approval

procurement contracts; iii) adoption and implementation

management arrangements requiring the Director General to contract for technical and operational or other functions whenever this is advantageous to EUTELSAT; iv) adoption

policies and procedures for the acquisition, protection and licensing

intellectual property rights, consistent with Article 18

the Operating Agreement; v) adoption

financial policies and regulations, approval

budgets and annual financial statements, as well as general rules and adoption

specific decisions on the periodic determination

charges for utilization

the EUTELSAT Space Segment in accordance with Article V

the Convention and Article 8

the Operating Agreement and decisions with respect to all other financial matters, consistent with the Convention and the Operating Agreement; vi) adoption

criteria arid procedures for approval

standard earth stations for access to the EUTELSAT Space Segment, for verification and monitoring

performance characteristics

these earth stations and for co-ordination

earth station access to and utilization

the EUTELSAT Space Segment; vii) approval

non-standard earth stations for access to the EUTELSAT Space Segment; viii) adoption

terms and conditions governing the allotment

EUTELSAT Space Segment capacity; ix) establishment

terms and conditions for access to the EUTELSAT Space Segment by telecommunications entities which are not under the jurisdiction

a Party, consistent with Article Ill

the Convention; x) decisions on arrangements for overdrafts and loans under Article 11

the Operating Agreement; xi) establishment

general internal rules and adoption

decisions which, in accordance with the Radio Regulations

the International Telecommunication Union concerning radio-frequency spectrum management and orbital space efficiency and economy, may be appropriate in order to ensure that the operation

the EUTELSAT Space Segment or

other satellite and associated equipment provided by EUTELSAT under paragraph f)

Article III

the Convention, is in compliance with those Radio Regulations; xii) submission

recommendations to the Assembly

Parties concerning authorizations in accordance with subparagraph iii)

paragraph a)

Article IX

the Convention; xiii) tendering

advice to the Assembly

Parties under paragraph a)

Article XVI

the Convention, about the intended establishment, acquisition or utilization

space segment equipment separate from the EUTELSAT Space Segment; xiv) establishment

general internal rules and adoption

decisions about co-ordination

the EUTELSAT Space Segment with the space segments

INTELSAT and INMARSAT, in accordance with the provisions in the respective agreements

those organizations; xv) action required on withdrawals and suspensions under Article XVIII

the Convention and Article 21

the Operating Agreement; xvi) appointment and removal from

fice

the Director General, and, upon the recommendation

the Director General, determination

the number, status, and terms and conditions

employment

all staff

the executive organ under paragraph e)

Article XIII

the Convention, and approval

the appointment by the Director General

senior

ficers reporting directly to him; xvii) designation

a senior

ficer

the executive organ to serve as Acting Director General whenever the Director General is absent or is unable to discharge his duties, or if the

fice

Director General becomes vacant; xviii) direction

the negotiations with the Party in whose territory the Headquarters

EUTELSAT is situated,

the Headquarters Agreement on privileges, exemptions and immunities mentioned in paragraph c)

Article XVII

the Convention, and its submission to the Assembly

Parties for approval; xix) submission

periodic reports on the activities

EUTELSAT to the Assembly

Parties; xx) provision

such information as may be required by any Party or Signatory to enable it to discharge its obligations under the Convention or the Operating Agreement; xxi) designation

an arbitrator where EUTELSAT is party to an arbitration; xxii) expression

its views and recommendations to the Assembly

Parties on proposed amendments to the Convention under paragraph a)

Article XIX

the Convention; xxiii) decisions under Article 22

the Operating Agreement on amendments to the Operating Agreement which are consistent with the Convention; xxiv) examination

applications for accession and recommendations thereon to the Assembly

Parties under paragraph d)

Article XXIII

the Convention. c) In performing its functions the Board

Signatories shall take due account

recommendations and views addressed to it by the Assembly

Parties under Article IX

the Convention. Article XIII Executive Organ a) The executive organ shall be headed by a Director General appointed by the Board

Signatories, subject to confirmation by the Parties. The Depository shall immediately notify the Parties

the appointment. The appointment is confirmed unless within sixty days

the notification more than one-third

the Parties have informed the Depository in writing

their objection. The Director General may assume his functions after appointment on a date determined by the Board

Signatories and pending confirmation

his appointment. b) The term

fice

the Director General shall be six years, unless otherwise decided by the Board

Signatories. c) The Board

Signatories may remove the Director General for cause before the end

his term

fice, and shall report to the Assembly

Parties the reasons for removal. d) The Director General shall be the chief executive and legal representative

EUTELSAT. He shall act under the direction

the Board

Signatories and shall be directly responsible to it for the performance

all functions

the executive organ. e) The structure and staff levels

the executive organ, the terms and conditions

employment

all staff, and the conditions

employment

any consultants or other advisers engaged by the Director General shall be submitted to the Board

Signatories for approval. f) The Director General shall have the power to appoint all staff

the executive organ. The appointment

senior

ficers reporting directly to the Director General shall, however, be approved by the Board

Signatories as provided in subparagraph xvi)

paragraph b)

Article XII

the Convention. g) During any vacancy in the

fice

the Director General or when he is absent or unable to discharge his duties, the Acting Director General, duly designated under subparagraph xvii)

paragraph b)

Article XII

the Convention, shall have the capacity to exercise the powers

the Director General under the Convention and the Operating Agreement. h) The paramount consideration in the appointment

the Director General and other staff

the executive organ shall be the need to ensure the highest standards

integrity, competence and efficiency. i) The Director General and the staff

the executive organ shall refrain from any action incompatible with their responsibilities to EUTELSAT. Article XIV Procurement a) The procurement policy

EUTELSAT shall be such as to encourage, in its interests and those

the Parties and Signatories, the widest possible competition in the supply

goods and services, and shall be applied taking into account the provisions

Articles 17 and 18

the Operating Agreement. b) Except as provided in Article 17

the Operating Agreement, procurement

goods and services for EUTELSAT shall be effected by the award

contracts, based on responses to open international invitations to tender. c) Contracts shall be awarded in the best interest

EUTELSAT, to bidders

fering the best combination

quality, price, delivery time and other important criteria

relevance to EUTELSAT, it being understood that there are bids

fering a comparable combination

the above-mentioned criteria, contracts shall be awarded with due consideration to the general and industrial interests

the Parties. Article XV Rights and Obligations a) The Parties and Signatories shall exercise their rights and meet their obligations under the Convention in a manner fully consistent with and in furtherance

the principles and the provisions

the Convention. b) All Parties and all Signatories may attend and participate in all conferences and meetings in which they are entitled to be represented under any

the provisions

the Convention or the Operating Agreement, and in any other meetings called by or held under the auspices

EUTELSAT in accordance with the arrangements made by it for such meetings, regardless

where they may take place. c) Before any such conference or meeting is held outside the country in which the Headquarters

EUTELSAT is established, the executive organ shall ensure that arrangements with the host Party or Signatory for each such conference or meeting include a provision for the admission to and residence in the host country during such conference or meeting

representatives

all Parties and Signatories entitled to attend. d) All Parties shall, if necessary, take all measures within their jurisdiction to prevent the use

earth stations in connection with the EUTELSAT Space Segment which do not comply with Article 15

the Operating Agreement. Article XVI Other Space Segments [deleted] Article XVII EUTELSAT Headquarters, Privileges, Exemptions, Immunities a) The Headquarters

EUTELSAT shall be in Paris. b) Within the scope

activities authorized by the Convention, EUTELSAT and its property shall be exempt in the territory

all Parties from income and direct property taxation and from customs duties on communications satellites and their component parts and on all equipment for use in the EUTELSAT Space Segment. c) Each Party shall grant in accordance with the Protocol referred to in this paragraph the appropriate privileges, exemptions and immunities to EUTELSAT, to its

ficers, and to those categories

its employees specified in such Protocol, to Parties and representatives

Parties, to Signatories and representatives

Signatories, and to persons participating in arbitration proceedings. In particular, each Party shall grant to these individuals immunity from legal process in respect

acts done or words written or spoken in the exercise

their functions and within the limits

their duties to the extent and in the cases to be provided for in the Protocol preferred to in this paragraph. The Party in whose territory the Headquarters

EUTELSAT is located shall, as soon as possible, conclude with EUTELSAT a Headquarters Agreement covering privileges, exemptions and immunities. The Headquarters Agreement shall include a provision that all Signatories acting in their capacity as such, except the Signatory, designated by the Party in whose territory the Headquarters

EUTELSAT is located, shall be exempt from taxation on income earned from EUTELSAT in the territory

such Party. The other Parties shall also, as soon as possible, conclude a Protocol covering privileges, exemptions and immunities. The Headquarters Agreement and the Protocol shall each prescribe

the conditions

its termination and shall be independent

the Convention. Article XVIII Withdrawal and Suspension

1. a)
2. i)Any Party or Signatory may withdraw voluntarily from EUTELSAT at any time.
3. ii)A Party shall give written notice to the Depository

its decision to withdraw. When a Party withdraws from EUTELSAT, any Signatory which was designated by it under paragraph b)

Article II

the Convention shall be deemed to have withdrawn from the Operating Agreement with effect from the date on which the withdrawal

the Party takes effect. iii) The decision

a Signatory to withdraw shall be notified in writing to the Director General by the Party which has designated that Signatory and the notification shall signify the acceptance by the Party

the decision

the Signatory to withdraw. When a Signatory withdraws from EUTELSAT, the Party which designated that Signatory shall, at the date

withdrawal, if there is no remaining Signatory designated by it, either withdraw from EUTELSAT, or itself assume the capacity

a Signatory unless and until it designates a new Signatory.

1. iv)A voluntary withdrawal from EUTELSAT under subparagraphs i),
2. ii)and iii)

this paragraph shall take effect three months after the date

receipt

the notification by the Depository or the Director General, as the case may be.

1. b)
2. i)If a Party appears to have failed to comply with any obligation under the Convention, the Assembly

Parties, having received notice to that effect or acting on its own initiative, and having considered any representations made by the Party, may decide, if it finds that the failure to comply has occurred, that the Party be deemed to have withdrawn from EIJTELSAT and, from the date

the decision, the Convention shall cease to be in force for that Party. An extraordinary meeting

the Assembly

Parties may be convened for this purpose. When a Party is deemed to have withdrawn from EUTELSAT under this subparagraph, any Signatory which was designated by it under paragraph b)

Article II

the Convention shall be deemed to have withdrawn from the Operating Agreement with effect from the date on which the withdrawal

the Party takes effect. ii) A) If a Signatory, in its capacity as such, appears to have failed to comply with any obligation under the Convention or the Operating Agreement, other than an obligation under paragraph a)

Article 4

the Operating Agreement, and the failure to comply is not remedied within three months after the Signatory has been notified in writing by the executive organ

a resolution

the Board

Signatories taking note

the failure to comply, the rights

the Signatory under the Convention and the Operating Agreement shall be automatically suspended at the end

such period

three months. During the period

suspension

the rights

a Signatory under this paragraph, the Signatory shall continue to have all the obligations and liabilities

a Signatory under the Convention and the Operating Agreement. B) The Board

Signatories may decide, after considering any representations made by the Signatory or by the Party which designated it, that the Signatory be deemed to have withdrawn from EUTELSAT and that, from the date

the decision, the Operating Agreement shall cease to be in force for that Signatory. When a Signatory is deemed to have withdrawn from EUTELSAT, the Party which designated that Signatory shall, at the date

withdrawal, if there is no remaining Signatory designated by it, either withdraw from EUTELSAT, or itself assume the capacity

a Signatory unless and until it designates a new Signatory. iii) A) If a Signatory fails to pay any sum for which it is liable in accordance with paragraph a)

Article 4

the Operating Agreement within three months after the payment has become due, the rights

the Signatory under the Convention and the Operating Agreement shall be automatically suspended. During the period

suspension

the rights

a Signatory under this paragraph, the Signatory shall continue to have all the obligations and liabilities

a Signatory under the Convention and the Operating Agreement. B) If within three months after the suspension any sums due remain unpaid, the Board

Signatories, after considering any representations made by the Signatory or the Party which has designated it, may decide that that Signatory be deemed to have withdrawn from EUTEI-SAT and that, from the date

the decision, the Operating Agreement shall cease to be in force for that Signatory. When a Signatory is deemed to have withdrawn from EUTELSAT, the Party which designated that Signatory shall, at the date

withdrawal, if there is no remaining Signatory designated by it, either withdraw from EUTELSAT, or itself assume the capacity

a Signatory unless and until it designates a new Signatory. c) If for any reason a Party wishes to substitute itself for a designated Signatory, or to designate replacement for that Signatory by a new Signatory, it shall give written notice to the Depositary. The Convention and the Operating Agreement shall enter into force for the new Signatory and cease to be in force for the former Signatory from the time that the new Signatory assumes all outstanding obligations

the former Signatory and signs the Operating Agreement. d) A Party which has withdrawn or is deemed to have withdrawn from EUTELSAT shall cease to have any right

representation in the Assembly

Parties and shall incur no obligation or responsibility after the effective date

withdrawal, except for liabilities arising from acts or omissions before that date.

1. e)
2. i)A Signatory which has withdrawn or is deemed to have withdrawn from the Operating Agreement shall cease, as from the effective date

withdrawal, to have any right

representation in the Board

Signatories and shall incur no obligation or responsibility from that date, except its obligation, unless the Board

Signatories decides otherwise, to discharge its due proportion

the capital contributions needed to meet contractual commitments expressly authorized before that date and any liabilities arising from acts or omissions before that date. ii) The financial settlement on the withdrawal

a Signatory from EUTELSAT shall be in accordance with Article 21

the Operating Agreement. f) Every notification

a withdrawal and every decision effecting a deemed withdrawal shall be communicated at once to all Parties and Signatories by the Depositary or the Director General, as the case may be. g) Nothing in this Article shall deprive a Party or Signatory

any right acquired by it in its capacity as such, which is preserved after the effective date

withdrawal and for which compensation has not been received under this Article. Article XIX Amendments a) Amendments to the Convention may be proposed by any Party and shall be communicated to the Director General, who shall promptly circulate the proposals to all the Parties and Signatories. Three months notice is required before consideration

a proposed amendment by the Board

Signatories, which shall submit its views and recommendations to the Assembly

Parties within a period

six months from the date

circulation

the proposed amendment. The Assembly

Parties shall consider the proposed amendment not earlier than six months from receipt by it, taking into account any views and recommendations expressed by the Board

Signatories. This period may, in any particular case, be reduced by the Assembly

Parties by a decision taken in accordance with the procedure for a matter

substance. b) If adopted by the Assembly

Parties, the amendment shall enter into force one hundred and twenty days after the Depositary has received notices

acceptance from two-thirds

those States which, at the time

adoption by the Assembly

Parties, were Parties and whose Signatories then held at least two-thirds

the total investment shares. Upon its entry into force, the amendment shall become binding upon all Parties and all Signatories. Article XX Settlement

disputes a) All disputes arising between Parties or between EUTELSAT and a Party or Parties in connection with the interpretation or application

the Convention or

paragraph c)

Article 15

or

paragraph c)

Article 16

the Operating Agreement shall be submitted to arbitration in accordance with Annex B to the Convention, if not otherwise settled within one year

the time a party to the dispute has notified the other party

its intention to settle such a dispute amicably. Any similar dispute relating to the interpretation or application

the Convention or the Operating Agreement between one or more Parties on the one hand and one or more Signatories on the other hand may be submitted to arbitration under Annex B to the Convention, provided that the Party or Parties and the Signatory or Signatories in dispute agree. b) All disputes arising in connection with the interpretation and application

the Convention or

paragraph c)

Article 15

or

paragraph c)

Article 16

the Operating Agreement, 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, and which arise after the State has ceased to be a Party, shall be submitted to arbitration in accordance with the provisions

Annex B to the Convention, if not otherwise settled within one year

the time a party to the dispute has notified the other party

its intention to settle such a dispute amicably, provided that the State which has ceased to be a Party so agrees. If a State ceases to be a Party or if a State or a telecommunications entity ceases to be a Signatory after a dispute to which it is a disputant has been submitted to arbitration under paragraph a)

this Article, the arbitration shall be continued and concluded. c) The settlement

all disputes arising in connection with the interpretation or application

agreements between EUTELSAT and any Party, other than the Convention or the Operating Agreement, shall be as provided for in the relevant agreement. In the absence

any provisions, such disputes, if not otherwise settled, may be submitted to arbitration under Annex B to the Convention, if the disputants agree. Article XXI Signature - Reservations

1. a)Any State whose telecommunications Administration or Recognized Private Operating Agency is, or has the right to become, a Signatory Party to the Provisional Agreement may become a Party to the Convention by:
2. i)signature not subject to ratification, acceptance or approval, or
3. ii)signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval, or iii) accession. ) The Convention shall be open for signature at Paris from 15 July 1982 until it enters into force and shall thereafter remain open for accession. ) No State shall become a Party to the Convention until the Operating Agreement has been signed by the telecommunications entity which it has designated or until it has itself signed the Operating Agreement.
4. d)No reservation may be made to the Convention or the Operating Agreement. Article XXII Entry into Force
5. a)The Convention shall enter into force sixty days after the date on which it has been signed, in accordance with subparagraph i)

paragraph a)

Article XXI

the Convention, or has been ratified, accepted or approved, by two-thirds

the States which, at the date on which it is opened for signature, have jurisdiction over Signatory Parties to the Provisional Agreement provided that: i) those Signatory Parties, or their designated Signatories to the ECS Agreement, hold at least two-thirds

the financial shares under the ECS Agreement, and ii) the Operating Agreement has been signed in accordance with paragraph b)

Article II

the Convention. b) The Convention shall not enter into force less than eight months after the date on which it is opened for signature. The Convention shall not enter into force if it has not been signed, ratified, accepted or approved under paragraph a)

this Article, within thirty-six months

the date on which it is opened for signature. c) For a State whose instrument

ratification, acceptance, approval or accession is deposited after the date on which the Convention enters into force, the Convention shall enter into force on the date

such deposit. d) Upon entry into force, the Convention will be applied provisionally for any State which has signed it subject to ratification, acceptance or approval and has so requested at the time

signature or at any later time before entry into force. Provisional application shall end: i) upon deposit

an instrument

ratification, acceptance or approval by that State, or ii) at the end

two years from the date on which the Convention enters into force without having been ratified, accepted or approved by that State, or iii) upon notification by that State, before the end

the period mentioned in subparagraph ii)

this paragraph,

its decision not to ratify, accept or approve the Convention. When provisional application ends under subparagraph ii) or iii)

this paragraph, paragraphs d), e) and g)

Article XVIII

the Convention shall govern the rights and obligations

the Party and

its designated Signatory. e) Despite the provisions

this Article, the Convention shall neither enter into force, nor be applied provisionally for any State, unless the conditions in paragraph c)

Article XXI

the Convention have been satisfied. f) Upon entry into force, the Convention shall replace and terminate the Provisional Agreement. However, nothing in the Convention or the Operating Agreement shall affect any right or obligation

a Party or a Signatory acquired in its former capacity as a Signatory Party to the Provisional Agreement or as a Signatory to the ECS Agreement. Article XXIII Accession

1. a)Any State whose telecommunications Administration or Recognized Private Operating Agency was, or had the right to become, a Signatory Party to the Provisional Agreement at the date on which the Convention is opened for signature, may accede to the Convention from the date on which it ceases to be open for signature, until two years after its entry into force.
2. b)The provisions

paragraphs c) to e)

this Article shall apply to requests for accession by the following States:

1. i)a State whose telecommunications Administration or Recognized Private Operating Agency was, or had the right to become, a Signatory Party to the Provisional Agreement at the date on which the Convention was opened for signature, which has not become a Party to the Convention in accordance with subparagraphs
2. i)or ii)

paragraph a)

Article XXI

the Convention, or paragraph a)

this Article ; ii) any other European State which is a member

the International Telecommunication Union wishing to accede to the Convention after its entry into force. c) Any State which wishes to accede to the Convention in the circumstances mentioned in paragraph b)

this Article ("the Applicant State") shall so notify the Director General in writing and shall supply the latter with all information which the Board

Signatories may require, concerning the Applicant State's proposed utilization

the EUTELSAT Space Segment. d) The Board

Signatories shall examine from the technical, operational and financial viewpoints the compatibility

the application

the Applicant State with the interests

EUTELSAT and the Signatories within the scope

activities

EUTELSAT and shall submit a recommendation thereon to the Assembly

Parties. e) Taking into account such recommendation, the Assembly

Parties shall take a decision on the Applicant State's request within six months following the date on which the Board

Signatories decides that it is in possession

all the information required under paragraph c)

this Article. The decision

the Board

Signatories shall be promptly notified to the Assembly

Parties. The decision

the Assembly

Parties shall be taken by secret vote and in accordance with the procedure for decisions on matters

substance. An extraordinary meeting

the Assembly

Parties may be convened for this purpose. f) The Director General shall notify the Applicant State

the conditions for accession established by the Assembly

Parties, which shall be the subject

a protocol annexed to the instrument

accession to be deposited by the said State with the Depositary. Article XXIV Liability No Party shall be individually liable for the acts and obligations

EUTELSAT, except where such liability results from a treaty to which that Party and a State claiming compensation are parties. In that case, EUTELSAT shall indemnify the Party concerned in respect

any such liability, unless the latter has expressly undertaken to assume exclusively such liability. Article XXV Miscellaneous Provisions a) The

ficial and working languages

EUTELSAT shall be English and French. b) EUTELSAT shall, having regard to the general views

the Assembly

Parties, co-operate on matters

common interest with the United Nations and its specialized agencies, in particular the International Telecommunication Union, and other international organizations. c) To comply with Resolution 1721 (XVI)

the General Assembly

the United Nations, EUTELSAT shall send to the Secretary General

the United Nations, and to the specialized agencies concerned, for their information, an annual report on its activities. Article XXVI Depositary a) The Government

the French Republic shall be the Depositary for the Convention, with which shall be deposited instruments

ratification, acceptance, approval or accession, requests for provisional application and notifications

ratification, acceptance or approval

amendments,

decisions to withdraw from EUTELSAT or

termination

the provisional application

the Convention. b) The Convention shall be deposited in the archives

the Depositary. The Depositary shall send certified copies

the text

the Convention to all States that have signed it or deposited instruments

accession to it, and to the International Telecommunication Union. c) The Depositary shall promptly inform all States which have signed or acceded to the Convention, all Signatories and, if necessary, the International Telecommunication Union

: i) all signatures

the Convention; ii) the deposit

all instruments

ratification, acceptance, approval or accession; iii) the start

the sixty-day period referred to in paragraph a)

Article XXII

the Convention; iv) the entry into force

the Convention; v) an requests for provisional application under paragraph d)

Article XXII

the Convention; vi) the appointment

the Director General, any objections to and the confirmation

that appointment under paragraph a)

Article XIII

the Convention; vii) the adoption and entry into force

all amendments to the Convention ; viii) all notifications

withdrawal; ix) all decisions by the Assembly

Parties under paragraph b)

Article XVIII

the Convention that a Party is deemed to have withdrawn from EUTELSAT; x) all decisions by the Board

Signatories under paragraph b)

Article XVIII

the Convention that a Signatory is deemed to have withdrawn from EUTELSAT; xi) all substitutions

Signatories made under paragraphs b) and c)

Article XVIII

the Convention; xii) an suspensions and restorations

rights; xiii) all other notifications and communications about the Convention. d) Upon entry into force

the Convention, the Depositary shall send to the Secretariat

the United Nations, for registration and publication in accordance with Article 102

the Charter

the United Nations, confirmed certified copies

the Convention and the Operating Agreement. IN WITNESS WHEREOF the undersigned, duly authorized by their respective Governments, have signed this Convention[*]. Opened for signature at Paris this fifteenth day

July one thousand nine hundred and eighty-two in the English and French languages, both texts being equally authentic, in a single original. [*] Member States

EUTELSAT: Austria, Belgium, Cyprus, Denmark, Finland, France, Germany (Fed. Rep.), Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Monaco, the Netherlands, Norway, Portugal, San Marino, Spain, Sweden, Switzerland, Turkey, the United Kingdom, Vatican City, Yugoslavia. Annex A Transitional Provisions 1 . Continuity

Activities a) Any agreement entered into by INTERIM EUTELSAT under the Provisional Agreement or the ECS Agreement and which is in effect at the time the two mentioned Agreements terminate shall remain in effect, unless and until modified or repealed in accordance with the provisions

that agreement. Any decision taken by INTERIM EUTELSAT under the Provisional Agreement or the ECS Agreement and which is in effect at the time the two last mentioned Agreements terminate shall remain in effect unless and until that decision is modified or repealed by, or in implementation

, the Convention or the Operating Agreement. b) If, at the time the Provisional Agreement and the ECS Agreement terminate, any organ

INTERIM EUTELSAT has embarked on, but not completed, any action which it is authorized or required to take under the Provisional Agreement or the ECS Agreement, the Board

Signatories shall stand in the place

that organ for the purpose

completing such action. 2. Management a) From the date

the entry into force

the Convention all personnel

the permanent General Secretariat established under Article 9

the Provisional Agreement, shall have the right to be transferred to the executive organ

EUTELSAT, without prejudice to the provisions

paragraph f)

Article XIII

the Convention. b) In accordance with paragraph I

this Annex the conditions

employment

personnel which were in force under the Provisional Agreement shall continue to apply until new conditions

employment are drawn up by the Board

Signatories. c) Until the first Director General assumes

fice his functions shall be performed by the Secretary General

INTERIM EUTELSAT. 3. Transfer to EUTELSAT

the functions

the Mandated Administration a) On the date

the start

the sixty-day period referred to in paragraph a)

Article XXII

the Convention, the Secretary General

INTERIM EUTELSAT shall inform the Mandated Administration

the date

entry into force

the Convention and the termination

the Provisional Agreement. b) The Secretary General

INTERIM EUTELSAT shall take all measures for a timely transfer to EUTELSAT

all rights and obligations acquired by the Mandated Administration in its capacity as legal representative

INTERIM EUTELSAT. Annex B Arbitration Procedure 1. For the purposes

adjudicating upon any dispute referred to in Article XX

the Convention or Article 20

the Operating Agreement, an Arbitration Tribunal shall be established in accordance with the following paragraphs.

1. Any Party to the Convention may join either party to the dispute in the arbitration.
2. The Arbitration Tribunal shall consist

three members. Each party to the dispute shall nominate one arbitrator within a period

two months reckoned from the date

receipt

the request by one party to refer the dispute to arbitration. Where Article XX

the Convention and Article 20

the Operating Agreement require the agreement

the disputants to refer the dispute to arbitration, the period

two months shall be reckoned from the date

that agreement. The first two arbitrators shall, within a period

two months reckoned from the nomination

the second arbitrator, nominate the third arbitrator, who shall be the Chairman

the Arbitration Tribunal. If one

the two arbitrators has not been nominated within the required period, he shall, at the request

either party, be nominated by the President

the International Court

Justice or, if there is no agreement between the parties, the Secretary General

the Permanent Arbitration Court. The same procedure shall apply if the Chairman

the Arbitration Tribunal has not been nominated within the required period. 4. The Arbitration Tribunal shall determine its seat and establish its own rules

procedure. 5. Each party shall bear the cost relating to the arbitrator for whose nomination it is responsible, as well as the costs

being represented before the Tribunal. The expenditure relating to the Chairman

the Arbitration Tribunal shall be shared equally by the parties to the dispute. 6. The award

the Arbitration Tribunal shall be made by a majority

its members, who may not abstain from voting. This award shall be final and binding on all parties to the dispute and no appeal shall lie against it. The parties shall comply with the award without delay. In the event

a dispute as to its meaning or scope, the Arbitration Tribunal shall interpret it at the request

any party to the dispute. Amendments To The Convention Establishing The European Telecommunications Satellite Organization "EUTELSAT" Adopted by 18th Meeting held in Hague from 16 to 18 May 1995, and by 19th Meeting held in Paris on 16 January 1996, the Assembly

Parties 1. Substitute new paragraph b)

Article II (Establishment

EUTELSAT): "b) Each Party shall designate to sign the Operating Agreement one or more entities subject to its jurisdiction, unless such Party itself signs the Operating Agreement. Each Party shall ensure that any entity designated by it is licensed to operate telecommunications services and has declared its intention to utilize the EUTELSAT Space Segment and to support the activities

EUTELSAT." 2. Substitute new paragraph a)

Article X (Board

Signatories - Composition): "a) The Board

Signatories shall be composed

Board Members, each Board Member representing at least one Signatory whose investment share is not less than 0.1 percent

the total investment shares." 3. Substitute new paragraph b)

Article X (Board

Signatories - Composition): "b) A Signatory, whether or not a Board Member, may be represented by another Signatory being a Board Member, but no Board Member may represent more than four other Signatories." 4. Substitute the following new paragraph f)

Article XI (Board

Signatories - Procedure): "f) A quorum for any meeting

the Board

Signatories shall consist either

a simple majority

all Board Members (as defined in paragraph a)

Article X) having the right to vote, provided that that majority have at least two-thirds

the total voting participation

all the Board Members having the right to vote, or

Board Members representing the total number

Board Members having the right to vote minus three, regardless

the voting participation the latter represent." 5. Paragraph g) i)

Article XI (Board

Signatories - Procedure) to read: "

1. i)subject to the special provisions in subparagraphs
2. ii)and iii)

this paragraph, decisions on matters

substance shall be taken: • either by an affirmative vote

Board Members representing at least four Signatories having at least two-thirds

the total voting participation

all the Signatories who have the right to have their voting participation taken into account, • or by an affirmative vote cast by at least the total number

Signatories present or represented minus three, regardless

the voting participation the latter represent;"

1. Delete Article XVI (Other Space Segments).
2. Paragraph a) iii)

Article XVIII (Withdrawals and Suspensions) to read: "iii) The decision

a Signatory to withdraw shall be notified in writing to the Director General by the Party which has designated that Signatory and the notification shall signify the acceptance by the Party

the decision

the Signatory to withdraw. When a Signatory withdraws from EUTELSAT, the Party which designated that Signatory shall, at the date

withdrawal, if there is no remaining Signatory designated by it, either withdraw from EUTELSAT, or itself assume the capacity

a Signatory unless and until it designates a new Signatory." 8. Paragraph b) ii) B)

Article XVIII (Withdrawals and Suspensions) to read: "B) The Board

Signatories may decide, after considering any representations made by the Signatory or by the Party which designated it, that the Signatory be deemed to have withdrawn from EUTELSAT and that, from the date

the decision, the Operating Agreement shall cease to be in force for that Signatory. When a Signatory is deemed to have withdrawn from EUTELSAT, the Party which designated that Signatory shall, at the date

withdrawal, if there is no remaining Signatory designated by it, either withdraw from EUTELSAT, or itself assume the capacity

a Signatory unless and until it designates a new Signatory." 9. Paragraph b) iii) B)

Article XVIII (Withdrawals and Suspensions) to read: "B) If within three months after the suspension any sums due remain unpaid, the Board

Signatories, after considering any representations made by the Signatory or the Party which has designated it, may decide that that Signatory be deemed to have withdrawn from EUTEI-SAT and that, from the date

the decision, the Operating Agreement shall cease to be in force for that Signatory. When a Signatory is deemed to have withdrawn from EUTELSAT, the Party which designated that Signatory shall, at the date

withdrawal, if there is no remaining Signatory designated by it, either withdraw from EUTELSAT, or itself assume the capacity

a Signatory unless and until it designates a new Signatory." 10. Paragraph c)

Article XVIII (Withdrawals and Suspensions) to read: "c) If for any reason a Party wishes to substitute itself for a designated Signatory, or to designate replacement for that Signatory by a new Signatory, it shall give written notice to the Depositary. The Convention and the Operating Agreement shall enter into force for the new Signatory and cease to be in force for the former Signatory from the time that the new Signatory assumes all outstanding obligations

the former Signatory and signs the Operating Agreement." 11. Delete Paragraph c)

Article XIX (Amendments). Operating Agreement Relating To The European Telecommunications Satellite Organization "EUTELSAT" PREAMBLE The Signatories to this Operating Agreement, Considering that the States Parties to the Convention establishing the European Telecommunications Satellite Organization "EUTELSAT", have undertaken therein to designate a telecommunications entity to sign the Operating Agreement or themselves to sign it, Agree as follows: Article 1 Definitions a) For the purposes

the Operating Agreement:

1. i)"Convention" means the Convention establishing the European Telecommunications Satellite Organization "EUTELSAT";
2. ii)"ECU" means the European Currency Unit, instituted by Regulation No. 3180/78

the Council

the European Communities on 18 December 1978, subject to such change or re-definition as that Council may adopt. b) The definitions in Article I

the Convention shall apply to the Operating Agreement. Article 2 Rights and Obligations

Signatories

1. a)Each Signatory acquires the rights provided for Signatories in the Convention and the Operating Agreement and undertakes to fulfil the obligations placed upon it therein.
2. b)In the traffic agreement negotiated by them, the Signatories shall endeavour to route a reasonable portion

their traffic via the EUTELSAT Space Segment. Article 3 Transfer

Rights and Obligations On the date the Convention and the Operating Agreement enter into force and subject to the requirement

Annex A to the Operating Agreement:

1. i)all the assets, including property rights, contractual rights, rights in and to the space segment and all other rights acquired under the Provisional Agreement or the ECS Agreement, shall vest in and be owned by EUTELSAT;
2. ii)all the obligations and liabilities undertaken or incurred by or on behalf

INTERIM EUTELSAT in carrying out the provisions

the Provisional Agreement and the ECS Agreement which are outstanding, or arise from acts or omissions before such date, shall become obligations and liabilities

EUTELSAT; iii) the financial interest in EUTELSAT

each Signatory shall be equal to the amount arrived at by the application

its investment share expressed as a percentage to the valuation

the EUTELSAT assets effected under subparagraph b)

paragraph 3

Annex A to the Operating Agreement. Article 4 Capital Contributions a) In proportion to its investment share expressed as a percentage, each Signatory shall make contributions to the capital requirements

EUTELSAT and shall receive capital repayment and compunction for use

capital, as determined by the Board

Signatories in accordance with the Convention and the Operating Agreement.

1. b)Capital requirements shall include:
2. i)all direct and indirect costs

the design, development, acquisition, construction and establishment

the EUTELSAT Space Segment,

the acquisition

contractual rights by leasing, and

other property

EUTELSAT; ii) expenditure necessary to cover EUTELSAT's operating, maintenance and administrative costs that the Organization is unable to finance out

its revenue under Article 9

the Operating Agreement; iii) funds required by EUTELSAT for discharging indemnities under Article XXIV

the Convention and under paragraph b)

Article 19

the Operating Agreement. c) The Board

Signatories shall determine the schedule

payments required under this Article. Interest at a rate to be determined by the Board

Signatories shall be added to any amount unpaid after the date designated for payment. d) If an extension

the EUTELSAT Space Segment

fering capacity for services other than those covered by paragraphs a) and b)

Article III

the Convention is to be provided, the Board

Signatories shall take every reasonable measure to ensure that those Signatories which are not directly interested in the implementation

the extension will not have to finance it before the operational use

the services. Interested Signatories shall make their best efforts to accept a corresponding increase in their investment shares. Article 5 Capital Ceiling The sum

the cumulative capital contributions

the Signatories under Article 4

the Operating Agreement and

the outstanding contractual capital commitments

EUTELSAT, less the cumulative capital repaid to them, shall be subject to an upper limit (called "the capital ceiling"). The initial capital ceiling shall be 400 million ECU. The Board

Signatories shall have authority to adjust the capital ceiling and shall take decisions on any such adjustments in accordance with paragraph g)

Article XI

the Convention. Article 6 Investment Shares a) Investment shares

Signatories shall be determined on the basis

utilization

the EUTELSAT Space Segment. Except as otherwise provided in this Article, each Signatory shall have an investment share equal to its percentage

all utilization

the EUTELSAT Space Segment by all Signatories. b) For the purpose

paragraph a)

this Article, utilization

the EUTELSAT Space Segment by a Signatory shall be measured by dividing the space segment utilization charges payable by the Signatory to EUTELSAT by the number

days for which charges were payable during the six-month period before the effective date

a determination

investment shares under paragraph d) or subparagraph i)

paragraph e)

this Article. However, if the number

days for which charges were payable by a Signatory for utilization during such six-month period was less than ninety days, such charges shall not be taken into account in determining investment shares. c) Before determination

investment shares on the basis

utilization under paragraphs a), b) and d)

this Article, the investment share

each Signatory shall be determined in accordance with Annex B to the Operating Agreement. d) The first determination

investment shares based on utilization shall take place: i) not earlier than four years from the date on which the first satellite

the EUTELSAT Space Segment is positioned in orbit in working order; ii) after the end

the four-year period referred to in subparagraph i)

this paragraph, if and when: A) ten Signatories have for a period

six months been accessing the EUTELSAT Space Segment, either through their own earth stations or through other Signatories' earth stations, and B) the EUTELSAT revenues deriving from utilization by the Signatories during a six-month period have been greater than the revenues that would have derived from the utilization by Signatories for the same period

the Space Segment capacity required to establish 5000 telephone circuits using digital speech interpolation; iii) seven years from the date on which the first satellite

the EUTELSAT Space Segment is positioned in orbit in working order, if the conditions envisaged under subparagraph ii)

this paragraph have not been met. e) After the first determination on the basis

utilization, investment shares shall be redetermined to be effective: i) on the first day

March in each year. However, redetermination on the basis

utilization on the first day

March shall not take place if the total utilization charges payable to EUTELSAT by Signatories for their utilization during the six-month period preceding that date are lower by more than twenty per cent than the total utilization charges payable to EUTELSAT by Signatories for their utilization during the six-month period starting eighteen months before that date; ii) on the entry into force

the Operating Agreement for a new Signatory; iii) on the effective date

withdrawal

a Signatory.

1. f)Whenever an investment share is determined under subparagraph
2. ii)or in)

paragraph e) or under paragraph g)

this Article, the investment shares

all other Signatories shall be adjusted in the proportion that the respective investment shares which they held before this adjustment bear to each other. On the withdrawal

a Signatory, investment shares

0.05 per cent determined in accordance with paragraph g)

this Article shall not be increased. g) Notwithstanding any provision

this Article, no Signatory shall have an investment share

less than 0.05 per cent

the total investment shares. h) Upon application from a Signatory, the Board

Signatories shall allocate to it an investment share reduced from its share determined under paragraphs a) to f)

this Article to the extent that the reduction is taken up by the voluntary acceptance by other Signatories

increased investment shares. The Board

Signatories shall adopt procedures enabling the application

the provisions

this paragraph and for the equitable distribution

the amount corresponding to the reduction in investment shares among Signatories ready to increase their investment shares. i) Notification

the results

each determination

investment shares, and

the effective date

such determination, shall be promptly furnished to all Signatories by the Director General. Article 7 Financial Adjustments between Signatories a) On entry into force

the Operating Agreement, financial adjustments shall be made between Signatories, through EUTELSAT, in accordance with Annex A to the Operating Agreement. b) At each determination

investment shares after the first determination, financial adjustments between Signatories shall be made through EUTELSAT on the basis

valuation made under paragraph c)

this Article. The amounts

these financial adjustments shall be determined for each Signatory by applying to the valuation the difference, if any, between the new investment share

each Signatory and its investment share before the determination. c) The valuation mentioned in paragraph b)

this Article shall be made as follows: i) deduct from the original cost

all assets as recorded in the EUTELSAT accounts at the date

adjustment, including all capitalized return and capitalized expenses, the sum

: A) the accumulated amortization as recorded in the EUTELSAT accounts at the date

adjustment, and B) loans and other accounts payable by EUTELSAT at the date

adjustment; ii) adjust the result thereby obtained by adding or deducting a further amount representing any deficiency or excess, respectively, in the payment by EUTELSAT

compensation for use

capital from the entry into force

the Operating Agreement to the effective date

valuation relative to the cumulative amount due at the rate or rates

compensation for use

capital in effect during the periods in which the relevant rates were applicable, as established by the Board

Signatories. For the purpose

assessing the amount representing any deficiency or excess in payment, compensation due shall be calculated on a monthly basis and shall relate to the net amount

the items described in subparagraph i)

this paragraph. d) Payments due from or to Signatories under this Article shall be made by a date prescribed by the Board

Signatories. Interest at a rate equal to the rate determined by the Board

Signatories under paragraph c)

Article 4

the Operating Agreement shall be added to any overdue amount. Article 8 Utilization Charges a) The Board

Signatories shall specify the units

measurement for the various types

utilization

the EUTELSAT Space Segment and shall establish charges for such utilization. These charges shall have the objective

earning sufficient revenues to cover operating, maintenance and administrative costs

EUTELSAT, the provision

such working funds as the Board

Signatories may determine to be necessary, the amortization

investments made by Signatories and compensation for use

capital

Signatories. The charges which apply to a given category

utilization

the EUTELSAT Space Segment shall have the objective

covering all types

expenditure relating to that category

utilization. b) Utilization charges shall be payable in accordance with arrangements adopted by the Board

Signatories. c) The Board

Signatories shall apply any appropriate measures where payments

utilization charges have been in default for more than three months, taking into account the provisions

paragraph b)

Article XVIII

the Convention. d) Interest at a rate to be determined by the Board

Signatories shall be added to any amount

utilization charges unpaid after the date for payment set by the Board

Signatories. Article 9 Revenues a) The revenues earned by EUTELSAT shall be applied, as far as they allow, in the following order

priority:

1. i)to meet operating, maintenance and administrative costs;
2. ii)to provide such working funds as the Board

Signatories may determine to be necessary; iii) to pay to Signatories, in proportion to their respective investment shares, sums representing a repayment

capital in the amount

the provisions for amortization established by the Board

Signatories and recorded in the accounts

EUTELSAT; iv) to pay to a Signatory which has withdrawn from EUTELSAT such sums as may be due to it under Article 21

the Operating Agreement; v) to pay to Signatories, in proportion to their respective investment shares, the available balance towards compensation for use

capital, including unpaid compensation from the previous years plus interest on such unpaid compensation. b) In the determination

the rate

compensation for the use

capital

Signatories, the Board

Signatories shall allow for the risks associated with investment in EUTELSAT and shall fix the rate as close as possible to the cost

money in the money markets. c) If revenues earned by EUTELSAT are insufficient to meet the operating, maintenance and administrative costs

EUTELSAT, the Board

Signatories may decide to meet the deficiency by using working funds

EUTELSAT, by overdraft arrangements, by loans, by requiring Signatories to make capital contributions in proportion to their respective investment shares or by any combination

such measures. Article 10 Settlement

Accounts a) Settlement

accounts between Signatories and EUTELSAT arising from financial transactions under Articles 4, 7, 8 and 9

the Operating Agreement shall be arranged so that funds transferred between Signatories and EUTELSAT, as well as funds at EUTELSAT's disposal in excess

the working funds determined by the Board

Signatories to be necessary, shall be kept at the lowest practicable level.

1. b)All payments between Signatories and EUTELSAT under the Operating Agreement shall be made in any freely convertible currency. Article 11 Overdrafts and Loans
2. a)EUTELSAT may, by decision

the Board

Signatories, enter into overdraft arrangements for meeting deficiencies until adequate revenues or capital contributions are received. b) Notwithstanding the provisions

Article 4

the Operating Agreement. EUTELSAT may, by decision

the Board

Signatories, raise loans for the purpose

financing any activity undertaken by EUTELSAT in accordance with Article III

the Convention or for meeting any liability incurred by EUTELSAT. The outstanding amounts

such loans shall be considered as contractual capital commitments for the purpose

Article 5

the Operating Agreement. Article 12 Excluded Costs The following shall not form part

the costs

EUTELSAT: i) the taxes that would be due from a Signatory in respect

sums paid ' to that Signatory by EUTELSAT under the Convention and the Operating Agreement; ii) the costs

representatives

Parties and Signatories incurred in attending meetings

the Assembly

Parties and the Board

Signatories or any other meetings

EUTELSAT. Article 13 Audit The accounts

EUTELSAT shall be audited annually by independent auditors appointed by the Board

Signatories. Each Signatory shall have the right

inspection

EUTELSAT accounts. Article 14 Other International Organizations In Addition to observing the relevant regulations

the International Telecommunication Union, EUTELSAT shall, in the design, development, construction and establishment

the EUTELSAT Space Segment and in the procedures established for regulating the operation

the EUTELSAT Space Segment and

the earth stations, give due consideration to the relevant recommendations and procedures

the organs

the International Telecommunication Union. EUTELSAT shall also take account

the relevant recommendations

the Conference europeenne des Administrations des pastes et des telecommunications (CEPT). Article 15 Earth Station Approval a) In addition to complying with the rules and standards prescribed by the Board

Signatories under sub-paragraphs vi) and vii)

paragraph b)

Article XII

the Convention for transmitting earth stations to access the EUTELSAT Space Segment, such earth stations shall be subject to such approvals as may be required by the appropriate domestic regulatory authorities. b) The responsibility for compliance

such stations with the rules and standards prescribed by the Board

Signatories under sub-paragraphs vi) and vii)

paragraph b)

Article XII

the Convention will be assumed by the Allottee

the Space Segment made available for the earth station, unless a Party assumes such responsibility. Article 16 Allotment

Space Segment Capacity a) Applications for allotment

EUTELSAT Space Segment capacity may be submitted to EUTELSAT only by Signatories or, for a territory not under the jurisdiction

a Party, by a duly authorized telecommunications entity. b) Allotment

EUTELSAT Space Segment capacity shall be authorized by the Board

Signatories in accordance with the terms and conditions established by it under subparagraphs vim and ix)

paragraph b)

Article XII

the Convention.

1. c)Each entity to which an allotment has been made under this Article shall be responsible for compliance with all the terms and conditions set by EUTELSAT for such allotment unless, where a Signatory has submitted the application, its designating Party assumes such responsibility. Article 17 Procurement
2. a)All contracts for the procurement

goods and services by EUTELSAT shall be awarded in accordance with Article XIV

the Convention, this Article 1 and Article 18

the Operating Agreement and the procedures, regulations, terms and conditions established by the Board

Signatories under subparagraph ii)

paragraph b)

Article XII

the Convention. b) The approval

the Board

Signatories shall be required before: i) the issue

requests for proposals or invitations to tender for contracts which are expected to exceed 150,000 ECU in value; ii) the award

any contract to a value exceeding 150,000 ECU. If justified by changes in world price indices, the Board

Signatories may revise these financial limits. c) The procedures, regulations, terms and conditions referred to in paragraph a)

this Article shall provide for the supply

full and timely information to the Board

Signatories. Upon request from any Signatory, the Board

Signatories shall supply to that Signatory such information with respect to any contract, as will enable that Signatory to discharge its responsibilities as a Signatory. d) In the following cases open international tendering may be dispensed with under procedures adopted by the Board

Signatories under subparagraph ii)

paragraph b)

Article XII

the Convention: i) the estimated value

the contract does not exceed 75,000 ECU and the award

the contract would not, because

the application

the dispensation, place a contractor in such a position as to prejudice at some later date the effective exercise by the Board

Signatories

the procurement policy in Article XIV

the Convention. If justified by changes in world price indices, the Board

Signatories may revise this financial limit; ii) procurement is required urgently in an emergency affecting the operational viability

any activities

EUTELSAT; iii) there is only one source

supply to a specification which is necessary to meet the requirements

EUTELSAT or the sources

supply are so severely restricted in number that it would be neither feasible nor in the best interest

EUTELSAT to incur the expenditure and time entailed in open international tender, provided that, where there is more than one source, all are given an opportunity to bid on an equal basis, iv) the requirement is

an administrative nature best suited to local procurement,

1. v)the procurement is for personal services. Article 18 Intellectual Property
2. a)For the purpose

the Operating Agreement "Intellectual Property" means the rights relating to inventions in all fields

human endeavour, scientific discoveries, industrial designs, trade marks, service marks and commercial names and designations, know-how, protection against unfair competition, copyright, and all other rights resulting from intellectual activity in the industrial and scientific fields. b) i) EUTELSAT's policy on intellectual property shall be based on the principle

acquiring only those rights which are necessary to enable work to be performed by or for it. ii) In particular, ownership

intellectual property generated by a contractor in the performance

a EUTELSAT-funded contract shall be retained by the contractor. c) In order to give effect to these principles, while at the same time observing generally accepted industrial practices, EUTELSAT shall, where work funded by it under contract contains a significant element

study, research or development, ensure for itself:

1. i)the right to have disclosed to it without payment all intellectual property generated by such work;
2. ii)licence to disclose and have disclosed without payment the intellectual property so generated to Parties and Signatories and other persons within the jurisdiction

a Party; iii) licence to use, and to authorize and have authorized to be used by Parties, Signatories and other persons within the jurisdiction

a Party, the intellectual property so generated. Where such use is connected with the EUTELSAT Space Segment or accessing earth stations, the licence shall be without payment; and where the use is for another purpose, the licence shall be on fair and reasonable terms and conditions to be settled between the owner

the intellectual property and the user; iv) if possible, licences, on fair and reasonable terms and conditions, to use and have used as necessary for the reconstruction or modification

any product

a EUTELSAT-funded contract pre-existing intellectual property rights, that is to say rights other than those generated in the performance

such contract but which are required to contribute to the proper performance

such contract. d) The Board

Signatories may approve a deviation from the policies described in subparagraphs ii), in), and iv)

paragraph c)

this Article if during negotiations the Board

Signatories is satisfied that failure to deviate would prejudice EUTELSAT. e) The Board

Signatories may also, if exceptional circumstances warrant. approve a deviation from the policy described in subparagraph ii)

paragraph b)

this Article, provided all the following conditions are met: i) the Board

Signatories is convinced that failure to deviate would prejudice EUTELSAT; ii) the Board

Signatories decides that EUTELSAT should be in a position to ensure patent or similar protection in any country; iii) the contractor concerned is not able or willing to ensure such patent or other similar protection within the appropriate time limit. f) Where EUTELSAT has acquired rights in intellectual property by transfer from INTERIM EUTELSAT under Article 3

the Operating Agreement or otherwise than under paragraph c)

this Article, it shall, on request, and provided it has the right to do so: i) disclose or have disclosed such intellectual property to any Party or Signatory without payment except that such Party or Signatory shall reimburse EUTELSAT for any payment by EUTELSAT to third parties for the exercise

this right

disclosure: ii) grant licence to any Party or Signatory to disclose or have disclosed to other persons within the jurisdiction

a Party and to use, authorize and have authorized those other persons to use such intellectual property. Where such use is connected with the EUTELSAT Space Segment or accessing earth stations, the licence shall be without payment; and where the use is for another purpose, the licence shall be on fair and reasonable terms and conditions to be settled between the User and EUTELSAT or other owner

the intellectual property or any other authorized entity or person having a proprietary interest therein, except that such Party or Signatory shall reimburse EUTELSAT for any payment by EUTELSAT to third parties for the right to grant such licence. g) EUTELSAT shall keep each Party and Signatory which so requests informed

the availability and general nature

all intellectual property which is disclosed to it under subparagraph i)

paragraph c) or subparagraph i)

paragraph f)

this Article. h) The disclosure and use, and the terms and conditions

disclosure and use,

all intellectual property in which EUTELSAT has acquired rights shall be on a non-discriminatory basis as between Parties and Signatories, and other persons to whom rights may be granted or disclosures made pursuant to this Article. Article 19 Liability a) Neither EUTELSAT nor any Signatory nor, when performing his functions within the limits

his authority, any employee

any

them, nor any representative in meetings

EUTELSAT, shall be liable to any Party or to any Signatory or to EUTELSAT because

any interruption, delay or malfunctioning

telecommunications services provided or to be provided under the Convention or the Operating Agreement, nor shall any actions for damages be brought against them because

such interruption, delay or malfunctioning. b) A Signatory, or an employee

EUTELSAT or

a Signatory who has acted within the framework and limits

his authority, who, by the final judgment

a competent tribunal or under a settlement approved by the Board

Signatories, has been found liable for any activity undertaken by or on behalf

EUTELSAT under the Convention or the Operating Agreement, shall be reimbursed by EUTELSAT in respect

any claim, including costs and expenses, that the Signatory or the person concerned has to discharge. If payment has not already been made, EUTELSAT shall make settlement direct, in place

the Signatory or person concerned. c) If a claim is brought against a Signatory or any such employee, it or he shall, as a condition

reimbursement under paragraph b)

this Article, immediately notify EUTELSAT in order to give it the opportunity to advise and recommend on the means

defense, or to propose a settlement

the dispute and, if permitted by the law

the jurisdiction in which the claim is brought, to join in the proceedings or to stand in the place

the Signatory or

the employee concerned. Article 20 Settlement

Disputes a) All disputes arising between Signatories or between EUTELSAT and a Signatory or Signatories in connection with the interpretation or application

the Operating Agreement shall be submitted to arbitration in accordance with Annex 6 to the Convention, if not otherwise settled within one year from the time a Signatory or EUTELSAT has notified to the other party to the dispute its intention to settle such a dispute amicably. b) All such disputes arising between a Signatory and a State or telecommunications entity which has ceased to be a Signatory, or between EUTELSAT and a State or telecommunications entity which has ceased to be a Signatory, and which arise after such State or telecommunications entity ceased to be a Signatory, if not otherwise settled within one year

the-time a Signatory or EUTELSAT has notified to the other party its intention to settle such a dispute amicably, may be submitted to arbitration in accordance with Annex B to the Convention, provided all the disputants concerned agree. If a State or telecommunications entity ceases to be a Signatory after the start

an arbitration in which it is a disputant, such arbitration shall be continued and concluded. c) All disputes arising in connection with the interpretation or application

agreements or contracts that EUTELSAT has concluded with any Signatory shall be subject to the provisions on the settlement

disputes contained in such agreements and contracts. In the absence

such provisions, such disputes shall be submitted to arbitration in accordance with Annex B to the Convention, if not otherwise settled within one year from the time the Signatory or EUTELSAT has notified to the other party to the dispute its intention to settle such a dispute amicably. d) If, upon entry into force

the Operating Agreement, any arbitration is in progress under Article 17

the Provisional Agreement, the procedures prescribed by that Article shall continue to be followed for such arbitration until its conclusion, unless all the disputants otherwise agree. If INTERIM EUTELSAT is a party to any such arbitration, EUTELSAT shall replace it as a party. Article 21 Financial Settlement on Withdrawal a) Within three months after the effective date

withdrawal

a Signatory from EUTELSAT under Article XVIII

the Convention, the Board

Signatories shall notify the Signatory

the valuation by the Board

Signatories

its financial status in relation to EUTELSAT at the effective date

its withdrawal and

the proposed terms

settlement under paragraph c)

this Article. b) The notification under paragraph a)

this Article shall include a statement

: i) the amount payable by EUTELSAT to the Signatory, calculated by multiplying the amount determined from a valuation made under paragraph c)

Article 7

the Operating Agreement on the effective date

its withdrawal by the investment share held by the Signatory on that date; ii) any amounts to be paid by the Signatory to EUTELSAT under subparagraph i)

paragraph e)

Article XVIII

the Convention representing its share

capital contributions for contractual commitments specifically authorized before the receipt by the Director General

the notice

its decision to withdraw or, as the case may be, before the effective date

withdrawal, together with the proposed schedule

payments to meet such contractual commitments and liabilities arising from acts or omissions before such date; iii) any other amounts due from the said Signatory to EUTELSAT at the effective date

its withdrawal. c) Subject to payment by the Signatory

any amounts due from it under subparagraphs ii) and in)

paragraph b)

this Article and taking into account Article 9

the Operating Agreement, the amounts referred to in subparagraphs i) and ii)

paragraph b)

this Article shall be repaid by EUTELSAT to the Signatory over a period consistent with the period over which other Signatories will be repaid their capital contributions, or over such shorter period as the Board

Signatories may consider appropriate. The Board

Signatories shall determine the rate

interest to be paid to or by the Signatory on any amounts which may, from time to time, be owing. d) In its valuation under paragraphs a) and b)

this Article, the Board

Signatories may decide to relieve the Signatory in whole or in part

its responsibility for contributing its share

the capital contributions for contractual commitments specifically authorized and liabilities arising from acts or omissions before the receipt

notice

decision to withdraw. e) Except as may be decided by the Board

Signatories under paragraph d)

this Article, no provision

this Article shall: i) relieve a Signatory referred to in paragraph a)

this Article

its share

any non-contractual obligations

EUTELSAT arising from acts or omissions in the implementation

the Convention and the Operating Agreement, where such obligations have arisen, following a withdrawal under paragraph a)

Article XVIII

the Convention, before the receipt by the Director General

the notice

the decision to withdraw or, following a withdrawal under subparagraph ii) or in)

paragraph b)

Article XVIII

the Convention, before the effective date

withdrawal; ii) deprive such a Signatory

any rights acquired by it, in its capacity as such, which would otherwise continue after the effective date

its withdrawal, and for which the Signatory has not already been compensated under this Article. Article 22 Amendments a) Any Signatory or the Assembly

Parties may propose amendments to the Operating Agreement. These shall be communicated to the Director General, who shall circulate them promptly to all Parties and Signatories. b) The Board

Signatories shall consider each proposed amendment at its first ordinary meeting following distribution by the Director General, or at an earlier extraordinary meeting, provided that the proposed amendment has been circulated by the Director General at least ninety days before the opening date

the meeting. The Board

Signatories shall consider any views and recommendations which it receives from any Party or from the Assembly

Parties on a proposed amendment. c) The Board

Signatories shall take decisions on each proposed amendment in accordance with the provisions for quorum and voting I b contained in Article XI

the Convention. It may modify any proposed amendment circulated in accordance with paragraph a)

this Article, and may also take decisions on any proposed amendment not so circulated but arising directly from a proposed amendment. d) After approval by the Board

Signatories, the amendment shall enter into force ninety days after the Depositary has received notice

approval by two-thirds

those Signatories which, at the date

approval, were Signatories and then held at least two-thirds

the total investment shares. Upon its entry into force, the amendment shall become binding upon all Signatories. Notification

the approval

an amendment by a Signatory shall be given to the Depositary by the Party which designated the Signatory concerned. Such notification shall signify the acceptance

the amendment by that Party. Article 23 Entry into Force a) The Operating Agreement shall enter into force for a Signatory on the date on which the Convention enters into force under Article XXII

the Convention for the Party concerned that has designated that Signatory. b) The Operating Agreement shall be applied provisionally for a Signatory during any period in which the Convention is applied provisionally under paragraph d)

Article XXII

the Convention for the Party that has designated that Signatory.

1. c)The Operating Agreement shall continue in force for as long as the Convention is in force. Article 24 Depositary
2. a)The Depositary

the Convention shall be the Depositary

the Operating Agreement. b) The Depositary shall send certified copies

the Operating Agreement to the Government

each

the States which were invited to attend the Plenipotentiary Conference on the definitive arrangements governing the European Telecommunications Satellite Organization "EUTELSAT", to the Government

any other State which signs or accedes to the Convention, to each Signatory and to the International Telecommunication Union. c) The Depositary shall promptly inform all States which have signed or acceded to the Convention, all Signatories and the International Telecommunication Union

: i) any signature

the Operating Agreement; ii) the entry into force

the Operating Agreement; iii) the start and the end

any provisional application

the Operating Agreement under paragraph b)

Article 23

the Operating Agreement; iv) the adoption and entry into force

any amendment to the Operating Agreement; v) any notification

withdrawal; vi) other notifications and communications relating to the Operating Agreement. IN WITNESS WHEREOF the undersigned, duly authorized, have signed the Operating Agreement. Opened for signature at Paris this fifteenth day

July one thousand nine hundred and eighty two in the English and French languages, both texts being equally authentic, in a single original which shall be deposited with the Depositary. Annex A Transitional Provisions 1. Preparations for the first meeting

the Board

Signatories a) During the sixty-day period referred to in paragraph a)

Article XXII

the Convention, the Secretary General

INTERIM EUTELSAT shall prepare and convene the first meeting

the Board

Signatories. b) Within three days after the date

entry into force

the Operating Agreement, the Secretary General

INTERIM EUTELSAT shall inform all Signatories

the arrangements made for the first meeting

the Board

Signatories, which shall be convened not more than thirty days after the date

entry into force

the Operating Agreement. 2. Transfer

Signatories' Accounts Each Signatory to the Operating Agreement which was a signatory to the ECS Agreement shall be debited or credited in its account with EUTELSAT with the net amount

any sums due to or from that Signatory, from or to INTERIM EUTELSAT under the Provisional Agreement at the date

entry into force

the Operating Agreement. 3. Financial adjustments between Signatories a) In accordance with Article 3

the Operating Agreement, all assets

INTERIM EUTELSAT shall become assets

EUTELSAT on the date

entry into force

the Operating Agreement. They shall be deemed to have been entered in the EUTELSAT accounts on the same date on which they were entered in the INTERIM EUTELSAT accounts and to have been amortized as recorded in the INTERIM EUTELSAT accounts. b) On the entry into force

the Operating Agreement, a valuation

the assets

EUTELSAT shall be made, as follows: i) take the original cost

all assets as recorded in the INTERIM EUTELSAT accounts on the date

entry into force

the Operating Agreement, including any capitalized return or capitalized expenses; ii) first deduct from that amount the accumulated amortization as recorded in the INTERIM EUTELSAT accounts on the date

entry into force

the Operating Agreement; iii) then deduct the amount

any loans and other accounts payable by INTERIM EUTELSAT on the date

entry into force

the Operating Agreement. c) On the entry into force

the Operating Agreement, financial adjustments shall be made between Signatories, through EUTELSAT, on the basis

the valuation made under subparagraph b)

this paragraph. The amounts

such financial adjustments shall be determined for each Signatory by applying to such valuation: i) for each Signatory which was a signatory to the ECS Agreement, the difference, if any, between its initial investment share determined under Article 6 and Annex B

the Operating Agreement and the final financial share that Signatory held in its capacity as a signatory to the ECS Agreement; ii) for each Signatory which was not a signatory to the ECS Agreement, its initial investment share determined under Article 6 and Annex B

the Operating Agreement. 4. Buy-out a) As soon as practicable after the entry into force

the Operating Agreement, the Board

Signatories shall decide how to compensate those signatories to the ECS Agreement for which the Operating Agreement has neither entered into force nor been applied provisionally. b) The compensation for any such signatory to the ECS Agreement shall be decided by the Board

Signatories and shall not exceed the amount determined as follows: i) multiply the amount established from the valuation made under subparagraph b)

paragraph 3

this Annex by the financial share that signatory to the ECS Agreement held on the entry into force

the Operating Agreement; ii) from the resulting product deduct any amounts due from that signatory on the date

entry into force

the Operating Agreement. c) No provision

this paragraph shall: i) relieve a signatory to the ECS Agreement described in subparagraph a)

this paragraph

its share

any obligations incurred by or on behalf

the signatories to the ECS Agreement collectively as the result

acts or omissions in the implementation

the Provisional Agreement or the ECS Agreement before the date

entry into force

the Operating Agreement; ii) deprive such signatory to the ECS Agreement

any rights acquired by it, in its capacity as such, which would otherwise continue after the termination

the ECS Agreement and for which the signatory has not already been compensated under this paragraph. 5. Compensation due to Signatories

countries not suitably covered by the Satellite Multiservice Systems As soon as possible after the entry into force

the Operating Agreement, the Board

Signatories shall decide how to continue to apply the principles adopted by INTERIM EUTELSAT for compensation related to the first generation

Satellite Multiservice Systems. Annex B Initial Investment Shares 1. The initial investment share

a Signatory

one

the States listed below shall be equivalent to the financial share that the signatory to the ECS Agreement which was under the jurisdiction

that State held on the date

entry into force

the Convention. Provided there is no change in the financial shares

signatories to the ECS Agreement before the entry into force

the Operating Agreement, the initial investment shares

the Signatories

the States listed below shall be as follows: AUSTRIA . . . . . . . . . . . . . . . . . . . . . . . . . 1.97 % BELGIUM . . . . . . . . . . . . . . . . . . . . . . . . . 4.92 % CYPRUS . . . . . . . . . . . . . . . . . . . . . . . . . . 0.97 % DENMARK . . . . . . . . . . . . . . . . . . . . . . . . 3.28 % FINLAND . . . . . . . . . . . . . . . . . . . . . . . . . 2.73 % FRANCE . . . . . . . . . . . . . . . . . . . . . . . . . 16.40 % GERMANY (Federal Republic) . . . . . . . 10.82 % GREECE . . . . . . . . . . . . . . . . . . . . . . . . . . 3.19 % IRELAND . . . . . . . . . . . . . . . . . . . . . . . . . 0.22 % ITALY . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.48 % LUXEMBOURG . . . . . . . . . . . . . . . . . . . . 0.22 % NETHERLANDS . . . . . . . . . . . . . . . . . . . 5.47 % NORWAY . . . . . . . . . . . . . . . . . . . . . . . . . 2.51 % PORTUGAL . . . . . . . . . . . . . . . . . . . . . . . 3.06 % SPAIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.64 % SWEDEN . . . . . . . . . . . . . . . . . . . . . . . . . 5.47 % SWITZERLAND . . . . . . . . . . . . . . . . . . . 4.36 % TURKEY . . . . . . . . . . . . . . . . . . . . . . . . . . 0.93 % UNITED KINGDOM . . . . . . . . . . . . . . . . 16.40 % YUGOSLAVIA . . . . . . . . . . . . . . . . . . . . . 0.96 % 2. The initial investment share

a Signatory which is not listed in paragraph I

this Annex and which signs the Operating Agreement before entry into force shall be 0.05 per cent. 3. Upon the entry into force

the Operating Agreement and subsequently upon its entry into force for a new Signatory or upon the effective date

withdrawal

a Signatory, the investment shares

Signatories shall be determined by adjusting the initial investment shares

Signatories proportionately so that the sum

all investment shares amounts to 100 per cent, but investment shares

0.05 per cent determined in accordance with paragraph g)

Article 6

the Operating Agreement or paragraph 2

this Annex shall not be modified. 4. The initial investment share

any Signatory which is not listed in paragraph 1

this Annex and which signs the Operating Agreement after its entry into force, and the initial investment share

any Signatory which is listed in paragraph I

this Annex and which signs the Operating Agreement more than two years after its entry into force, shall be determined by the Board

Signatories. In its determination, the Board

Signatories shall take into account all relevant economic, technical and operational considerations affecting the potential Signatory together with its documented request. Amendments To The Operating Agreement Relating To The European Telecommunications Satellite Organization "EUTELSAT" Adopted by 58th Meeting held in Budapest from 3 to 7 July 1995, and by 62nd Meeting held in Paris from 19 to 21 February 1996, the Board

Signatories 1. Article 15 (Earth Station Approval): "a) In addition to complying with the rules and standards prescribed by the Board

Signatories under sub-paragraphs vi) and vii)

paragraph b)

Article XII

the Convention for transmitting earth stations to access the EUTELSAT Space Segment, such earth stations shall be subject to such approvals as may be required by the appropriate domestic regulatory authorities. b) The responsibility for compliance

such stations with the rules and standards prescribed by the Board

Signatories under sub-paragraphs vi) and vii)

paragraph b)

Article XII

the Convention will be assumed by the Allottee

the Space Segment made available for the earth station, unless a Party assumes such responsibility." 2. To delete paragraph e)

Article 22(Amendments).

Eiropas satelīttelekomunikāciju organizācijas "EUTELSAT" konvencija (Spēkā no 1985.gada 1.septembra) Ar grozījumiem, kas pieņemti Pušu Asamblejas 18.sēdē (Hāga, 1995.gada 16.-18.maijs) un 19.sēdē (Parīze, 1996.gada 16.janvāris) IEVADS Valstis, šīs Konvencijas dalībnieces, uzsverot satelīttelekomunikāciju nozīmi attiecību attīstīšanā starp to tautām un saimniecībām, un to vēlmi stiprināt sadarbību šajā jomā, atzīmējot to, ka provizoriska Eiropas Satelīttelekomunikāciju organizācija "INTERIM EUTELSAT" tika nodibināta ar mērķi izmantot telpas segmentus Eiropas satelīttelekomunikāciju sistēmās, ievērojot attiecīgos noteikumus, ko ietver 1967.gada 27.janvārī Londonā, Maskavā un Vašingtonā noslēgtā Vienošanās par principiem, kas regulē valstu darbību ārējās kosmiskās telpas, tajā skaitā Mēness un citu debess ķermeņu izpētē un ekspluatācijā, vēloties turpināt dibināt šādas satelīttelekomunikāciju sistēmas kā Eiropas uzlabotā telekomunikāciju tīkla sastāvdaļu ar mērķi sniegt plašākus telekomunikāciju pakalpojumus visām Dalībvalstīm, neskarot to Dalībvalstu tiesības un saistības, kas ir dalībvalstis arī 1971.gada 20.augustā Vašingtonā noslēgtajā līgumā par Starptautisko satelīttelekomunikāciju organizāciju "INTELSAT" vai 1976.gada 3.septembrī Londonā noslēgtajā konvencijā par Starptautisko jūras satelīttelekomunikāciju organizāciju "INMARSAT", nolēmušas šajā nolūkā ar vispiemērotākās pieejamās kosmiskās telekomunikāciju tehnoloģijas palīdzību piedāvāt visefektīvākos un visekonomiskākos līdzekļus, kas iespējami atbilstu visefektīvākajai un visgodīgākajai radiofrekvenču spektra un orbitālās telpas izmantošanai, vienojas par sekojošo: I pants Definīcijas Šīs Konvencijas ietvaros:

1. a)"Konvencija" nozīmē konvenciju, ar kuru tiek dibināta Eiropas Satelīttelekomunikāciju organizācija "EUTELSAT", tajā skaitā Konvencijas Ievadu un Pielikumus, kas valdībām atklāti parakstīšanai Parīzē 1982.gada 15.jūlijā;
2. b)"Darbības līgums" nozīmē Darbības līgumu, kas attiecas uz Eiropas Satelīttelekomunikāciju organizāciju "EUTELSAT", tajā skaitā Darbības līguma Ievadu un Pielikumus, kas atklāti parakstīšanai Parīzē, 1982.gada 15.jūlijā;
3. c)"Provizoriskais līgums" nozīmē līgumu par Provizoriskas Eiropas Satelīttelekomunikāciju organizācijas "INTERIM EUTELSAT" izveidošanu, kas noslēgts Parīzē 1977.gada 13.maijā starp Administrācijām vai pilnvarotām privātām operatoru aģentūrām un glabājas pie Francijas Administrācijas.
4. d)"ECS Līgums" nozīmē Provizoriskā līguma papildlīgumu, kas attiecas uz satelīttelekomunikāciju sistēmu kosmiskās telpas segmentu fiksēto pakalpojumu sniegšanai (ECS), kas noslēgts Parīzē 1978.gada 10.martā;
5. e)"Puse" nozīmē valsti, kurā Konvencija stājusies spēkā vai tiek provizoriski piemērota;
6. f)"Parakstītājs" nozīmē telekomunikāciju uzņēmumu vai Pusi, kas parakstījusi Darbības līgumu un attiecībā uz kuru tas stājies spēkā vai tiek provizoriski piemērots;
7. g)"Telpas segments" nozīmē telekomunikāciju satelītu grupu, kā arī sekošanas, telemetrijas, vadības, kontroles, monitoringa un ar to saistītus, šo satelītu darbību nodrošinošus līdzekļus un iekārtas;
8. h)"EUTELSAT Telpas segments" nozīmē to telpas segmentu, kas pieder "EUTELSAT" vai ko tas nomā Konvencijas III panta a), b),
9. c)un
10. e)punktā noteikto mērķu sasniegšanai;
11. i)"satelīttelekomunikāciju sistēma" nozīmē sistēmu, ko veido Telpas segments un zemes stacijas, kurām šis segments ir pieejams;
12. j)"telekomunikācijas" nozīmē zīmju, signālu, rakstītas informācijas, tēlu, skaņu vai jebkura veida datu izstarošanu, pārraidi un uztveršanu, izmantojot kabeļu, radio, optisko vai citas elektromagnētiskās sistēmas;
13. k)"publiskie telekomunikāciju pakalpojumi" nozīmē fiksētus vai mobilus telekomunikāciju pakalpojumus, kurus var sniegt satelīti un kuri pieejami publiski, tādi kā telefons, telegrāfs, telekss, telefakss, datu pārraide, videotelekss, radio un televīzijas programmu pārraide starp sankcionētām zemes stacijām, kam pieejams EUTELSAT Telpas segments tālākai publiskai pārraidei; komplekso pakalpojumu pārraides un nomātie apgabali, kas tiek izmantoti kādā no šiem pakalpojumiem;
14. l)"specializēti telekomunikāciju pakalpojumi" nozīmē telekomunikāciju pakalpojumus, kurus var sniegt satelīti un kuri nav minēti šī panta
15. k)punktā, ieskaitot, bet neaprobežojoties ar tiem, radionavigācijas pakalpojumus, raidsatelītu pakalpojumus, kosmiskās telpas izpētes pakalpojumus, meteoroloģiskos pakalpojumus un zemes resursu izpēti no attāluma. II pants EUTELSAT dibināšana
16. a)Ar šo Puses nodibina Eiropas Satelīttelekomunikāciju organizāciju "EUTELSAT", turpmāk saukta - "EUTELSAT".
17. b)Darbības Līguma parakstīšanai katra Puse saskaņā ar tās jurisdikciju nozīmē vienu vai vairākas organizācijas, izņemot, ja Puse pati paraksta Darbības līgumu. Katra Puse nodrošina, ka jebkura tās nozīmētā organizācija ir licencēta sniegt telekomunikāciju pakalpojumus, ir deklarējusi nolūku izmantot EUTELSAT Telpas segmentu un atbalsta EUTELSAT darbību.
18. c)Telekomunikāciju administrācija un uzņēmumi saskaņā ar nacionālajiem tiesību aktiem var piedalīties sarunās un slēgt tiešos informācijas plūsmas līgumus par telekomunikāciju līdzekļu izmantošanu, kas paredzēti saskaņā ar Konvenciju un Darbības līgumu, kā arī par publiskiem pakalpojumiem, instalācijām, peļņas sadali un ar iepriekšminēto saistītiem lietišķiem darījumiem.
19. d)Attiecīgie Konvencijas "A" Pielikuma noteikumi tiek piemēroti ar mērķi nodrošināt nepārtrauktību INTERIM EUTELSAT un EUTELSAT darbībā. III pants EUTELSAT darbības jomas
20. a)EUTELSAT galvenais mērķis ir Eiropas satelīttelekomunikāciju sistēmas vai sistēmu Telpas segmenta projektēšana, attīstīšana, konstruēšana, izveidošana, ekspluatācija un uzturēšana. Šajā kontekstā EUTELSAT primārais mērķis ir Eiropas starptautiskajiem publiskajiem telekomunikāciju pakalpojumiem nepieciešamā Telpas segmenta piešķiršana.
21. b)Uz tādiem pašiem noteikumiem kā starptautiskajiem publiskajiem telekomunikāciju pakalpojumiem EUTELSAT Telpas segments ir izmantojams arī vietējiem publiskajiem telekomunikāciju pakalpojumiem Eiropā vai nu starp vienas Puses apgabaliem, kurus atdala apgabali, kas neatrodas šīs Puses jurisdikcijā vai arī starp apgabaliem, kas atrodas vienas Puses jurisdikcijā, bet tos atdala okeāns.
22. c)Ciktāl tas neietekmē EUTELSAT spēju sasniegt primāro mērķi, EUTELSAT Telpas segmentu var piešķirt arī citiem vietējiem vai starptautiskiem telekomunikāciju pakalpojumiem.
23. d)Realizējot savas darbības, EUTELSAT attiecībā uz Parakstītājiem piemēro nediskriminācijas principu.
24. e)Pamatojoties uz lūgumu un saskaņā ar attiecīgiem noteikumiem un nosacījumiem, EUTELSAT Telpas segments, kas pastāv vai tiek ieviests šāda lūguma iesniegšanas brīdī, var Eiropā tikt izmantots gan vietējiem, gan starptautiskajiem specializētajiem telekomunikāciju pakalpojumiem, kas noteikti Konvencijas I panta
25. l)punktā, taču ne militāriem mērķiem, ar noteikumu, ka:
26. i)publisko telekomunikāciju pakalpojumu sniegšana netiek nevēlami ietekmēta un
27. ii)šāds darījums ir pieņemams arī no tehniskā un ekonomiskā viedokļa.
28. f)Pamatojoties uz lūgumu un saskaņā ar attiecīgiem noteikumiem un nosacījumiem, EUTELSAT var piešķirt satelītus un citas, ar tiem saistītas iekārtas, kas neietilpst EUTELSAT Telpas segmentā:
29. i)vietējiem publiskiem telekomunikāciju pakalpojumiem;
30. ii)starptautiskiem publiskiem telekomunikāciju pakalpojumiem; iii) specializētajiem telekomunikāciju pakalpojumiem, izņemot tos, kas kalpo militārajiem mērķiem, ar noteikumu, ka nekādā veidā netiek nevēlami ietekmēta EUTELSAT Telpas segmenta efektīva un ekonomiska izmantošana.
31. g)EUTELSAT var iesaistīties pētniecības un eksperimentālos darbos jomās, kas tieši saistītas ar tās mērķiem. IV pants Juridiska persona
32. a)EUTELSAT ir