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Federal Law Gazette Federal Law Gazette Part II 2003 No. 37 of December 24, 2003 - pages 1985 to 1990 - Ordinance on the Agreement on the Establishment of the European Office for Communications (ECO) (Ordinance on the ECO Agreement)

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Federal Law Gazette 2003 Part II No. 37, issued in Bonn on December 24, 2003 1985 Regulation on the Convention on the Establishment of the European Office for Communications (ECO) (Regulation on the ECO Convention) of December 18, 2003 On the basis of Article 3 of Law of June 22, 1954 on the accession of the Federal Republic of Germany to the Agreement on the Privileges and Exemptions of the United Nations' Special Organizations of November 21, 1947 and on the Granting of Privileges and Exemptions to Other Intergovernmental Organizations (Federal Law Gazette 1954 II p. 639) , which was revised by Article 4 of the Act of August 16, 1980 to the Convention of February 13, 1946 on the Privileges and Immunities of the United Nations (Federal Law Gazette 1980 II p. 941), the Federal Government decreed: Article 2 Entry into force, expiry (1) This Ordinance shall enter into force on the day on which the Convention establishing the European Office for Communications (ECO) of 23. June 1993 in the version of the document signed by the Federal Republic of Germany on December 17, 2002 in Copenhagen to amend the Convention pursuant to Article 20 of the Convention establishing the European Bureau for Radio Affairs (ERO) of June 23, 1993 for the Federal Republic of Germany comes into force . (2) The ordinance on the Convention of June 23, 1993 on the establishment of the European Bureau for Radio Affairs (ERO) of March 22, 1995 (Federal Law Gazette 1995 II p. 242) shall expire on the day on which this ordinance pursuant to Paragraph 1 comes into force. (3) This Ordinance shall expire on the day on which the Agreement on the establishment of the European Office for Communications (ECO) of June 23, 1993 in the version of the document signed by the Federal Republic of Germany on December 17, 2002 in Copenhagen to amend of the Convention for the Federal Republic of Germany ceases to be in force. (4) The day of entry into force and the day of expiry are to be announced in the Federal Law Gazette. Article 1 Legal personality The European Office for Communication (ECO) has legal personality in accordance with Article 4 Paragraph 1 No. 1 to 3 of the Convention on the Establishment of the European Office for Communication (ECO) of June 23, 1993 (Federal Law Gazette 1995 II p. 242) in the version of the document amending the Convention signed by the Federal Republic of Germany on December 17, 2002 in Copenhagen. The Convention, as amended, is published below. The Federal Council has approved. Berlin, December 18, 2003 The Federal Chancellor Gerhard Schröder The Federal Minister for Economic Affairs and Labor Week C lement 1986 Federal Law Gazette 2003 Part II No. 37, issued in Bonn on December 24, 2003 Agreement on the establishment of the European Office for Communications (ECO) The Hague, June 23, 1993, changed to Copenhagen on 9. (2) The seat of the ECO is Copenhagen, Denmark. Article 2 Purpose of the ECO The ECO is a specialized center for mail and electronic communication which supports and advises the presidency and the committees of the CEPT. Article 3 Tasks of the ECO (1) The ECO has the following main tasks: 1. To serve as a specialist center which, as a central point of contact, recognizes problem areas and new opportunities in the field of mail and electronic communication and advises the presidency and the committees of the CEPT accordingly ; 2. Develop long-term plans at European level for the future use of the scarce resources used by electronic communications; 3. to liaise with the national authorities if necessary; 4. Investigate regulatory issues in the postal and electronic communications sector; 5. To hold consultations on specific subjects; 6. to keep records of important measures of the CEPT committees as well as of the implementation of relevant decisions and recommendations of the CEPT; 7. To report to the CEPT committees at regular intervals on the state of affairs; 8. To keep in touch with the European Union and the European Free Trade Association; 9. To support the Presidency of the CEPT, inter alia, in updating the current political agenda; 10. To support the CEPT committees and to provide studies for them, inter alia to present a proposal for the work program for the CEPT on the basis of the current political agenda; 11. to support the working and project groups of the CEPT, in particular in the preparation of special consultation meetings; 12. to keep the archive of the CEPT and if necessary to disseminate information of the CEPT. (2) When carrying out the above-mentioned tasks in connection with consultation meetings, the ECO will work out procedures that are intended to help organizations in Europe with a significant interest in the use of mail and electronic communications, including government agencies, public operators, manufacturers, users, operators enable private networks, service providers, research institutes and standardization bodies or organizations representing groups of such legal entities to obtain relevant information on a regular basis and to participate appropriately in these consultation meetings, taking into account their particular interests; The ECO keeps these procedures up to date. (3) In addition to the tasks specified in paragraph 1, the ECO organizes regular meetings which are open to the organizations referred to in paragraph 2 and the opportunity to discuss the activities and future work programs of the CEPT and committees of the ECO. Article 4 Legal status and privileges (1) The ECO has legal personality. The ECO has the full legal capacity required to carry out its tasks and to achieve its goals and can in particular 1. conclude contracts, 2. acquire, rent or lease movable and immovable property, own and sell, 3. be party to litigation and 4. agreements with states or close international organizations. (2) The director and the staff of the ECO enjoy privileges and immunities in Denmark as defined in an agreement on the seat of the ECO between the ECO and the government of Denmark. (3) Other countries may grant similar privileges and immunities in support of the activities of the ECO in these countries, in particular with regard to immunity from jurisdiction in relation to oral and written statements made by the director and staff of the ECO in their official capacity, as well as to all actions taken. Federal Law Gazette 2003 Part II No. 37, issued in Bonn on December 24, 2003 Article 5 Bodies of the ECO The ECO consists of a council and a director, who is supported by staff. Article 6 The Council 1. The Council shall consist of representatives of the Contracting Parties. (2) The Council shall elect its chairman and vice-chairman, each representative of one of the contracting parties. The term of office is three years and can be extended by one term. The chairman has the power to act on behalf of the council. (3) Representatives of the Presidency and the committees of the CEPT, the European Commission and the Secretariat of the European Free Trade Association may participate in the Council with observer status. Article 7 Tasks of the Council (1) The Council is the highest decision-making body of the ECO and will in particular 1. determine the policy of the ECO in technical and administrative matters, 2. approve the work program, the budget and the accounts, 3. the number of members of the Determine staff and their conditions of employment, 4. appoint the director and staff, 5. conclude contracts and agreements on behalf of the ECO, 6. decide on amendments to this Convention in accordance with Articles 15 and 20 and 7. all to fulfill the purposes of the ECO within the framework take the necessary measures in accordance with this Convention. (2) The Council shall lay down all the necessary provisions for the proper functioning of the ECO and its organs. Article 8 Voting rules (1) Decisions of the Council shall, as far as possible, be taken by consensus. If a consensus cannot be reached, a resolution is passed with a majority of two thirds of the weighted votes cast. (2) The weighting of the individual votes of the Council shall be in accordance with Appendix A. (3) Proposals for amendments to this Convention, including the Appendices, will only be examined if they are approved by at least 25 per cent. H. of the total weighted votes of all contracting parties are supported. (4) Decisions can only be passed by the Council if it has a quorum at the time at which they are passed, i.e. 1. in the case of decisions relating to amendments to this Convention and its annexes, if at least two thirds of all weighted votes of all contracting parties are present are, 2. for all other resolutions, if at least half of all weighted votes of all contracting parties are present. (5) Observers in the Council can take part in the discussions, but are not entitled to vote. Article 9 Director and staff 1987 (1) The director acts as the legal representative of the ECO and is empowered to enter into contracts on behalf of the ECO within the framework established by the Council. The Director may delegate this authority in whole or in part to the Deputy Director. 2. The Director shall be responsible for the proper conduct of all internal and external activities of the ECO in accordance with this Agreement, the Headquarters Agreement, the Work Program, the Budget and the guidelines and guidelines issued by the Council. (3) The Council shall establish staff regulations. Article 10 Work program The Council shall draw up a work program for the ECO for a period of three years each year on the basis of proposals from the Assembly and Committees of the CEPT. For the first year, this program must be specified in such detail that the ECO's budget for the year can be drawn up. Article 11 Budget planning and accounting (1) The financial year of the ECO begins on January 1st and ends on December 31st of the respective year. (2) The Director is responsible for drawing up the annual budget and the annual accounts for the ECO and submitting them to the Council for examination or approval. 3. The budget shall be drawn up taking into account the needs of the work program established in accordance with Article 10. The timetable for submitting and approving the budget before the beginning of the year to which it relates will be determined by the Council. (4) The Council shall prepare detailed financial rules. These contain, among other things, provisions on the schedule for the submission and approval of the annual financial statements of the ECO as well as provisions on auditing. Article 12 Financial contributions (1) The capital and ongoing operating costs of the ECO, with the exception of the costs associated with the meetings of the Council, shall be borne by the contracting parties, who will calculate the costs on the basis of the contribution units according to the table in Appendix A, which is part of this Agreement is to share. (2) This does not preclude the ECO from carrying out work for third parties, including the presidency of the CEPT, on the basis of cost recovery, as decided by the Council. (3) The costs associated with the meetings of the Council shall be borne by the inviting Contracting Party or, if there is no such party, by the ECO. Travel expenses and daily allowances are borne by the represented contracting parties. Article 13 Contracting Parties (1) A State shall become a Party to this Convention either in accordance with the procedure set out in Article 14 or in accordance with the procedure set out in Article 15. (2) If a State becomes a Party to this Convention, the provisions in Appendix A, as amended in accordance with Article 15, shall be found listed contribution unit application. 1988 Federal Law Gazette 2003 Part II No. 37, issued at Bonn on December 24th, 2003 Article 14 Signature Article 18 Rights and obligations of the contracting parties (1) This Convention does not affect the sovereign right of each contracting party, its affairs of post and electronic communication itself to regulate. (2) Each Contracting Party that is a Member State of the European Union shall apply this Convention in accordance with its obligations under the relevant Treaties. (3) No reservation may be made to this Convention. Article 19 Settlement of Disputes Article 15 Accession Any dispute relating to the interpretation or application of this Convention and its Appendices that cannot be resolved by the good offices of the Council shall be submitted to arbitration by the parties concerned in accordance with Appendix B, which is an integral part of this Convention, subject. Article 20 Amendments 1. The Council may adopt amendments to this Convention which shall require written confirmation by all Contracting Parties. (2) The amendments shall enter into force for all Contracting Parties on the first day of the third month following the date on which the Government of Denmark has notified the Contracting Parties of receipt of notifications of ratification, acceptance or approval from all Contracting Parties. Article 21 Depositary (1) The original text of this Convention, as amended, and instruments of ratification, acceptance, approval or accession shall be deposited in the archives of the Government of Denmark. (2) The Government of Denmark shall send a certified copy of this Convention and the text of any amendment decided by the Council to all States which have signed or acceded to this Convention and to the President of CEPT. Copies are also sent for information to the Director of the ECO, the Secretary General of the Universal Postal Union, the Secretary General of the International Telecommunication Union, the President of the European Commission and the Secretary General of the European Free Trade Association. (3) The Government of Denmark shall notify all States that have signed or acceded to this Convention and the President of the CEPT of all signatures, ratifications, acceptances, approvals and denunciations and of the entry into force of this Convention and of any amendments. The Government of Denmark shall also notify all States that have signed or acceded to this Convention and the President of CEPT of the entry into force of any accession. (1) Any state whose telecommunications administration is a member of CEPT may become a party to this Convention 1. by signing it without reservation of ratification, acceptance or approval, or 2. by signing it subject to ratification, acceptance or approval and later ratified, accepted or approved. 2. This Convention shall be open for signature from 23 June 1993 until its entry into force and thereafter for accession. (1) This Convention is open to accession by any State whose administration is a member of the CEPT. (2) After consulting the acceding State, the Council shall decide the necessary amendments to Annex A. Notwithstanding Article 20, paragraph 2, such amendment shall enter into force on the first day of the second month following the date on which the Government of Denmark issues its instrument of accession State has received. (3) The certificate of accession must express the consent of the acceding state to the changes made to Annex A. Article 16 Entry into force (1) This Convention shall enter into force on the first day of the second month following the date on which the Government of Denmark has received a sufficient number of signatures and, if necessary, instruments of ratification, acceptance or approval from the Contracting Parties, so that it is ensured that at least 80 v. H. the maximum possible number of contribution units listed in Appendix A are promised. (2) After the entry into force of this Convention, each subsequent Contracting Party shall, by its provisions, including any amendments in force, from the first day of the second month following the date on which the Government of Denmark receives the instrument of ratification, acceptance, approval or accession of that Contracting Party has tied to. Article 17 Denunciation (1) After this Convention has been in force for two years, either Contracting Party may denounce it by giving written notice to the Government of Denmark; this notifies the termination to the council, the contracting parties, the director and the president of the CEPT. (2) The termination shall take effect at the end of the next full accounting year within the meaning of Article 11 (1) after the date on which the notice of termination is received by the Government of Denmark. Federal Law Gazette 2003 Part II No. 37, published in Bonn on 24.December 2003 Appendix A Contribution units used as the basis for financial contributions and weighted votes 25 units: France Germany Italy Switzerland Austria [Belgium] Denmark Finland Greece Luxembourg Ireland [Albania] [Andorra] [Azerbaijan] [Bosnia and Herzegovina] Bulgaria Croatia Cyprus [Czech Republic] Estonia [The Former Yugoslav Republic of Macedonia] Hungary Iceland [Latvia] Liechtenstein [Lithuania] [Malta] [Moldova] Monaco Poland Romania [San Marino] Slovakia [Slovenia] [Ukraine] Vatican City Spain United Kingdom 1989 15 units: 10 Units: Netherlands Norway Portugal [Russian Federation] Sweden Turkey 5 units: 1 unit: The members of the CEPT who are not parties to this Convention are listed in square brackets. They have been classified in the category of contribution units, which corresponds to the unit under the CEPT agreement. 1990 Federal Law Gazette 2003 Part II No. 37, issued in Bonn on December 24, 2003 Appendix B Arbitration (1) An arbitration tribunal shall be formed in accordance with paragraphs 2 to 7 to resolve each dispute referred to in Article 19 of this Convention. (2) Any Contracting Party to this Agreement may join either party in the arbitration. (3) The arbitral tribunal consists of three members. Each party to the dispute shall appoint an arbitrator within two months of receipt of a request from a party to arbitrate the dispute. The first two arbitrators appoint the third arbitrator, who is the chairman of the arbitral tribunal, within six months of the appointment of the second arbitrator. If one of the two arbitrators has not been appointed within the prescribed period, he will be appointed by the Secretary General of the Permanent Court of Arbitration at the request of either party. The same procedure applies if the chairman of the arbitral tribunal has not been appointed within the prescribed period. (4) The arbitral tribunal determines its seat and issues rules of procedure. (5) The decision of the arbitral tribunal shall be made in accordance with international law and be based on this Convention and general principles of law. (6) Each party bears the costs of the arbitrator for whose appointment it is responsible, as well as the costs of their representation before the arbitral tribunal. The costs of the chairman of the arbitral tribunal are borne equally by the parties to the dispute. (7) The decision of the arbitral tribunal is made by a majority of its members; Abstention is not permitted. The verdict is final and binding on all parties to the dispute; he cannot be challenged. The parties carry out the ruling immediately. In the event of a dispute about its meaning or validity, the arbitral tribunal will interpret it if a party to the dispute so requests.