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INSTRUMENT AMENDING THE CONSTITUTION OF THE INTERNATIONAL TELECOMMUNICATION UNION

(GENEVA, 1992)

as amended by the Plenipotentiary Conference (Kyoto, 1994) and by the Plenipotentiary Conference (Minneapolis, 1998)

(Amendments adopted by the Plenipotentiary Conference (Marrakesh, 2002))

 

PART I - Foreword

By virtue of and in implementation of the relevant provisions of the Constitution of the International Telecommunication Union (Geneva, 1992), as amended by the Plenipotentiary Conference (Kyoto, 1994) and by the Plenipotentiary Conference (Minneapolis, 1998), in particular those in Article 55 thereof, the Plenipotentiary Conference of the International Telecommunication Union (Marrakesh, 2002) has adopted the following amendments to the said Constitution:

CHAPTER I

BASIC PROVISIONS

Article 8

Plenipotentiary Conference

MOD1

51

c)

in the light of its decisions taken on the reports referred to in No. 50 above, establish the strategic plan for the Union and the basis for the budget of the Union, and determine related financial limits, until the next plenipotentiary conference, after considering all relevant aspects of the work of the Union in that period;

MOD

58A

jbis)

adopt and amend the General Rules of conferences, assemblies and meetings of the Union;

Article 9

Principles Concerning Elections and Related Matters

(MOD)2

61

a)

the Member States of the Council are elected with due regard to the need for equitable distribution of the seats on the Council among all regions of the world;

MOD

62

b)

the Secretary-General, the Deputy Secretary-General, the Directors of the Bureaux shall be elected among the candidates proposed by Member States as their nationals and shall all be nationals of different Member States, and at their election due consideration should be given to equitable geographical distribution amongst the regions of the world; due consideration should also be given to the principles embodied in No. 154 of this Constitution;

MOD

63

c)

the members of the Radio Regulations Board shall be elected in their individual capacity from among the candidates proposed by Member States as their nationals. Each Member State may propose only one candidate. The members of the Radio Regulations Board shall be nationals of the same Member State as the Director of the Radiocommunication Bureau; at their election, due consideration should be given to equitable geographical distribution amongst the regions of the world and to the principles embodied in No. 93 of this Constitution.

MOD

64

2 Provisions relating to taking up duties, vacancy and re-eligibility are contained in the Convention.

Article 10

The Council

(MOD)

66

2) Each Member of the Council shall appoint a person to serve on the Council who may be assisted by one or more advisers.

SUP*3

67

MOD

70

2) The Council shall consider broad telecommunication policy issues in accordance with the guidelines given by the Plenipotentiary Conference to ensure that the Union's policies and strategy fully respond to changes in the telecommunication environment.

ADD4

70A

2bis) The Council shall prepare a report on the policy and strategic planning recommended for the Union, together with their financial implications, using the specific data prepared by the Secretary-General under No. 74A below.

Article 11

General Secretariat

MOD

74A

b)

prepare, with the assistance of the Coordination Committee, and provide to the Member States and Sector Members, such specific information as my be required for the preparation of a report on the policies and strategic plan for the Union, and coordinate the implementation of the plan; this report shall be communicated to the Member States and Sector Members for review during the last two regularly scheduled sessions of the Council before a plenipotentiary conference;

CHAPTER II

RADIOCOMMUNICATION SECTOR

Article 14

Radio Regulations Board

MOD

95

a)

the approval of Rules of Procedure, which include technical criteria, in accordance with the Radio Regulations and with any decision which may be taken by competent radiocommunication conferences. These Rules of Procedure shall be used by the Director and the Bureau in the application of the Radio Regulations to register frequency assignments made by Member States. These Rules shall be developed in a transparent manner and shall be open to comment by administrations and, in case of continuing disagreement, the matter shall be submitted to the next world radiocommunication conference;

 

ADD

ADD

 

CHAPTER IV

A WORKING METHODS OF THE SECTORS

ADD

145A

The radiocommunication assembly, the world telecommunication standardization assembly and the world telecommunication development conference may establish and adopt working methods and procedures for the management of the activities of their respective Sectors. These working methods and procedures must be compatible with this Constitution, the Convention and the Administrative Regulations, and in particular Nos. 246D to 246H of the Convention.

CHAPTER V

OTHER PROVISIONS CONCERNING THE FUNCTIONING OF THE UNION

Article 28

Finances of the Union

MOD

159D

2ter Expenses incurred by the regional conferences referred to in No. 43 of this Constitution shall be borne:

ADD

159E

a) by all the Member States of the region concerned, in accordance with their class of contribution;

ADD

159F

b) by any Member States of other regions which have participated in such conferences, in accordance with their class of contribution;

ADD

159G

c) by authorized Sector Members and other authorized organizations which have participated in such conferences, in accordance with the provisions of the Convention.

MOD

161E

4) Bearing in mind the draft financial plan as revised, the plenipotentiary conference shall, as soon as possible, determine the definitive upper limit of the amount of the contributory unit and set the date, which shall be a date within the penultimate week of the plenipotentiary conference, by which Member States, upon invitation by the Secretary-General, shall announce their definitive choice of class of contribution.

Article 32

MOD

General Rules of Conferences, Assemblies and Meetings of the Union

MOD

177

1 General Rules of conferences, assemblies and meetings of the Union adopted by the Plenipotentiary Conference shall apply to the preparation of conferences and assemblies and to the organization of the work and conduct of the discussions of conferences, assemblies and meetings of the Union, as well as to the election of Member States of the Council, of the Secretary-General, of the Deputy Secretary-General, of the Directors of the Bureaux of the Sectors and of the members of the Radio Regulations Board.

MOD

178

2 Conferences, assemblies and the Council may adopt such rules as they consider to be essential in addition to those in Chapter II of the General Rules of conferences, assemblies and meetings of the Union. Such addi­tional rules must, however, be compatible with this Constitution, the Convention and the aforesaid Chapter II; those adopted by confer­ences or assemblies shall be published as documents of the conference or assem­bly concerned.

CHAPTER VII

SPECIAL PROVISIONS FOR RADIO

Article 44

Use of the Radio-Frequency Spectrum and of the Geostationary-Satellite and Other Satellite Orbits

(MOD)

195

1 Member States shall endeavour to limit the number of frequencies and the spectrum used to the minimum essential to provide in a satisfactory manner the necessary services. To that end, they shall endeavour to apply the latest technical advances as soon as possible.

CHAPTER VIII

RELATIONS WITH THE UNITED NATIONS, OTHER INTERNATIONAL ORGANIZATIONS AND NON-MEMBER STATES

Article 50

Relations With Other International Organizations

MOD

206

In furtherance of complete international coordination on matters affecting telecommunication, the Union should cooperate with international organizations having related interests and activities.

CHAPTER IX

FINAL PROVISION

Article 55

Provisions for Amending this Constitution

MOD

224

1 Any Member State may propose any amendment to this Constitution. Any such proposal shall, in order to ensure its timely transmission to, and considera­tion by, all the Member States, reach the Secretary-General not later than eight months prior to the opening date fixed for the plenipotentiary conference. The Secretary-General shall, as soon as possible, but not later than six months prior to the latter date, publish any such proposal for the information of all the Member States.

MOD

228

5 Unless specified otherwise in the preceding paragraphs of this Article, which shall prevail, the General Rules of conferences, assemblies and meetings of the Union shall apply.

Article 58

Entry into Force and Related Matters

MOD

238

1 This Constitution and the Convention, adopted by the Additional Plenipotentiary Conference (Geneva, 1992) shall enter into force on 1 July 1994 between Member States having deposited before that date their instrument of ratification, acceptance, approval or accession.

1 Modification of an existing provision

2 Editorial modification of an existing provision

3 Provision moved to another place in the Final Acts

4 An existing provision moved from another place in the Final Acts to the place indicated

 

PART II - Date of Entry into Force

The amendments contained in the present instrument shall, as a whole and in the form of one single instrument, enter into force on 1 January 2004 between Member States being at that time parties to the Constitution and the Convention of the International Telecommunication Union (Geneva, 1992), and having deposited before that date their instrument of ratification, acceptance or approval of, or accession to, the present amending instrument.

IN WITNESS WHEREOF, the respective plenipotentiaries have signed the original of the present instrument amending the Constitution of the International Telecommunication Union (Geneva, 1992), as amended by the Plenipotentiary Conference (Kyoto, 1994) and by Plenipotentiary Conference (Minneapolis, 1998).

Done at Marrakesh, 18 October 2002

25.11.2005