Νόμος 2875/2000

ΝΟΜΟΣ ΥΠ' ΑΡΙΘ. 2875

Κύρωση της τροποποιημένης Σύμβασης του Διεθνούς Οργανισμού Κινητών Δορυφορικών Επικοινωνιών (IN MARSAT) και της τροποποίησης της Συμφωνίας Λειτουργίας αυτού.

Ο ΠΡΟΕΔΡΟΣ ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ

Εκδίδομε τον ακόλουθο νόμο που ψήφισε η Βουλή:

Άρθρο πρώτο

Κυρώνονται και έχουν την ισχύ, που ορίζει το άρθρο 28 παρ. 1 του Συντάγματος, η τροποποιημένη Σύμβαση του Διεθνούς Οργανισμού Δορυφορικών Επικοινωνιών (INMARSAT) και της τροποποίησης της Συμφωνίας Λειτουργίας αυτού, όπως εγκρίθηκαν από τη 12η Γενική Συνέλευση του Οργανισμού στις 20 - 24 Απριλίου 1998 στο Λονδίνο, το κείμενο των οποίων σε πρωτότυπο στην αγγλική γλώσσα και σε μετάφραση στην ελληνική έχει ως εξής:

AMENDED CONVENTION ON THE INTERNATIONAL MOBILE SATELLITE ORGANIZATION

THE STATES PARTIES TO THIS CONVENTION:

CONSIDERING the principle set forth in Resolution 1721 (XVI) of the General Assembly of the United Nations that communication by means of satellites should be available to the nations of the world as soon as" practicable on a global and non-discriminatory basis,

CONSIDERING the relevant provisions of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, concluded on 27 January 1967, and in particular Article 1, which states that outer space shall be used for the benefit and in the interests of all countries,

DETERMINED, to this end, to continue to make provision for the benefit of telecommunications users of all nations through the most advanced suitable space technology available, for the most efficient and economic facilities possible consistent with the most efficient and equitable use of the radio frequency spectrum and of satellite orbits,

RECOGNIZING that the International Mobile Satellite Organization has, in accordance with its original purpose, established a global mobile satellite communications system for maritime communications, including distress and safety communications capabilities which are specified in the International Convention for the Safety of Life at Sea, 1974, as amended from time to time, and the Radio Regulations specified in the Constitution and the Convention of the International Telecommunication Union, as amended from time to time, as meeting certain radiocornmunications requirements of the Global Maritime Distress and Safety System (GMDSS),

RECALLING that the Organization has extended its original purpose by providing aeronautical and land mobile satellite communications, including aeronautical satellite communications for air traffic management and aircraft operational control (aeronautical safety services), and is also providing radiodetermination services,

ACKNOWLEDGING that increased competition in the provision of mobile satellite services has made it necessary for the Inmarsat satellite system to be operated through the Company as defined in Article 1 in order that it can remain commercially viable and thereby ensure, as a basic principle, the continuity of maritime satellite distress and safety communications services for the Global Maritime Distress and Safety System (GMDSS),

INTENDING that the Company will observe certain other basic principles, namely, non-discrimination on the basis of nationality, acting exclusively for peaceful purposes, seeking to serve all areas where there is a need for mobile satellite communications, and fair competition,

NOTING that the Company would operate on a sound economic and financial basis, having regard to accepted commercial principles,

AFFIRMING that there is a need for intergovernmental oversight to ensure that the Company fulfils obligations for provision of services for the Global Maritime Distress and Safety System (GMDSS) and complies with the other basic principles;

AGREE AS FOLLOWS:

Article 1 Definitions For the purposes of this Convention:

(a) The Organization" means the intergovernmental organization established pursuant to Article 2.

(b) "The Company" means the corporate entity or entities established under national law and through which the Inmarsat satellite system is operated.

(c) "Party" means a State for which this Convention has entered into force.

(d) "Public Services Agreement" means the Agreement executed by the Organization and the Company, as referred to in Article 4(1).

(e) "GMDSS" means the Global Maritime Distress and Safety System as established by the International Maritime Organization.

Article 2

Establishment of the Organization The International Mobile Satellite Organization, herein referred to as "the Organization", is hereby established.

Article 3 Purpose

The purpose of the Organization is to ensure that the basic principles set forth in this Article shall be observed by the Company, namely:

(a) ensuring the continued provision of global maritime distress and safety

satellite communications services, in particular those which are specified in the International Convention for the Safety of Life at Sea, 1974, as amended from time to time, and the Radio Regulations specified in the Constitution and the Convention of the International Telecommunication Union, as amended from time to time, relative to the GMDSS;

(b) providing services without discrimination on the basis of nationality;

(c) acting exclusively for peaceful purposes;

(d) seeking to serve all areas where there is a need for mobile satellite communications, giving due consideration to the rural and the remote areas of developing countries;

(e) operating in a manner consistent with fair competition, subject to applicable laws and regulations.

Article 4

Implementation of Basic Principles

(1) The Organization, with the approval of the Assembly, shall execute a Pubiic Services Agreement with the Company and 'shall conclude such other arrangements as may be necessary to enable the Organization to oversee and ensure the observance by the Company of the basic principles set forth in Article 3, and to implement any other provision of this Convention.

(2) Any Party in whose territory the Company's headquarters are located shall take appropriate measures, in accordance with its national laws, as may be necessary to enable the Company to continue to provide GMDSS services and observe the other basic principles, as referred to in Article 3.

Article 5 Structure

The organs of the Organization shall be:

(a) The Assembly.

(b) A Secretariat, headed by a Director.

Article 6

Assembly - Composition and Meetings

(1) The Assembly shall be composed of all the Parties.

(2) Regular sessions of the Assembly shall be held once every two years. Extraordinary sessions shall be convened upon the request of one-third of the Parties or upon the request of the Director, or as may be provided for in the Rules of Procedure for the Assembly.

(3) All Parties are entitled to attend and participate at meetings of the Assembly, regardless of where the meeting may take place. The arrangements made with any host country shall be consistent with these obligations.

Article 7 Assembly - Procedure

(1) Each Party shall have one vote in the Assembly.

(2) Decisions on matters of substance shall be taken by a two-thirds majority, and on procedural matters by a simple majority, of the Parties present and voting. Parties which abstain from voting shall be considered as not voting.

(3) Decisions whether a question is procedural or substantive shall be taken by the Chairman. Such decisions may be overruled by a two-thirds majority of the Parties present and voting.

(4) A quorum for any meeting of the Assembly shall consist of a majority of the Parties.

Article 8 Assembly - Functions The functions of the Assembly shall be:

(a) to consider and review the purposes, general pOlicy and long term objectives of the Organization and the activities of the Company which relate to the basic principles, set forth in Article 3, taking into account any recommendations made by the Company thereon;

(b) to take any steps or procedures necessary to ensure observance by the Company of the basic principles, as provided for in Article 4, including approval of the conclusion, modification and termination of the Public Services Agreement under Article 4{1);

(c) to decide upon questions concerning formal relationships between the Organization and States, whether Parties or not, and international organizations;

(d) to decide upon any amendment to this Convention pursuant to Article 18 thereof;

(e) to appoint a Director under Article 9 and to remove the Director; and

(f) to exercise any other function conferred upon it under any other Article of this Convention.

Article 9 Secretariat

(1) The term of appointment of the Director shall be for four years or such other term as the Assembly decides.

(2) The Director shall be the legal representative of the Organization and Chief Executive Officer of the Secretariat, and shall be responsible to and under the direction of the Assembly.

(3) The Director shall, subject to the guidance and instructions of the Assembly, determine the structure, staff levels and standard terms of employment of officials and employees, and consultants and other advisers to the Secretariat, and shall

appoint the personnel of the Secretariat.

(4) The paramount consideration in the appointment of the Director and other personnel of the Secretariat shall be. the necessity of ensuring the highest standards of integrity, competency and efficiency.

(5) The Organization shall conclude, with any Party in whose territory the Organization establishes the Secretariat, an agreement, to be approved by the Assembly, relating to any facilities, privileges and immunities of the Organization, its Director, other officers, and representatives of Parties whilst in the territory of the host Government, for the purpose of exercising their functions. The agreement shall terminate if the Secretariat is moved from the territory of the host Government.

(6) All Parties, other than a Party which has concluded an agreement referred to in paragraph (5), shall conclude a Protocol on the privileges and immunities of the Organization, its Director, its staff, of experts performing missions for the Organization and representatives of Parties whilst in the territory of Parties for the purposes of exercising their functions. The Protocol shall be independent of this Convention and shall prescribe the conditions for its,termination.

Article 10 Costs

(1) The Organization shall, in the Public Services Agreement, arrange for the costs associated with the following to be paid by the Company:

(a) establishment and operation of the Secretariat;

(b) the holding of Assembly sessions; and

(c) the implementation of any measures taken by the Organization in accordance with Article 4 to ensure that the Company observes the basic principles.

(2) Each Party shall meet its own costs of representation at Assembly meetings.

Article 11 Liability

Parties are not, in their capacity as such, liable for the acts and obligations of the Organization or the Company, except in relation to non-Parties or natural or juridical persons they might represent in so far as such liability may follow from treaties in force between the Party and the non-Party concerned. However, the foregoing does not preclude a Party which has been required to pay compensation under such a treaty to a non-Party or to a natural or juridical person it might represent from invoking any rights it may have under that treaty against any other Party.

Article 12 Legal Personality

The Organization shall have legal personality. For the purpose of its proper functioning, it shall, in particular, have the capacity to contract, to acquire, lease, hold and dispose of movable and immovable property, to be a party to legal proceedings

and to conclude agreements with States or international organizations.

Article 13

Relationship with other International Organizations The Organization shall cooperate with the United Nations and its bodies dealing with the Peaceful Uses of Outer Space and Ocean Area, its Specialized Agencies, as well as other international organizations, on matters of common interest.

Article 14 Withdrawal

Any Party may, by written notification to the Depositary, withdraw voluntarily from the Organization at any time, such withdrawal to be effective upon receipt by the Depositary of such notification.

Article 15 Settlement of Disputes Disputes between Parties, or between Parties and the Organization, relating to any matter arising under this Convention, should be settled by negotiation between the parties concerned. If within one year of the time any party has requested settlement, a settlement has not been reached and if the parties to the dispute have not agreed either (a) in the case of disputes between Parties to submit it to the International Court of Justice; or (b) in the case of other disputes to some other procedure for settling disputes, the dispute may, if the parties to the dispute consent, be submitted to arbitration in accordance with the Annex to this Convention.

Article 16 Consent to be Bound

(1) This Convention shall remain open for signature in London until entry into force and shall thereafter remain open for accession. All States may become Parties to the Convention by:

(a) Signature not subject to ratification, acceptance or approval, or

(b) Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval, or

(c) accession.

(2) Ratification, acceptance, approval or accession shall be effected by the deposit of the appropriate instrument with the Depositary.

(3) Reservations cannot be made to this Convention.

Article 17 Entry into Force

(1) This Convention shall enter into force sixty days after the date on which States representing 95 percent of the initial investment shares have become Parties to the Convention.

(2) Notwithstanding paragraph (1), if the Convention has not entered into force

within thirty-six months after the date it was opened for signature, it shall not enter into force.

(3) For a State which deposits an instrument of ratification, acceptance, approval or accession after the date on which the Convention has entered into force, the ratification, acceptance, approval or accession shall take effect on the date of deposit

Article 18 Amendments

(1) Amendments to this Convention may be proposed by any Party, and shall be circulated by the Director to all other Parties and to the Company. The Assembly shall consider the amendment not earlier than six months thereafter, taking into account any recommendation of the Company. This period may in any particular case be reduced by the Assembly by a substantive decision by up to three months.

(2) If adopted by the Assembly, the amendment shall enter into force one hundred and twenty days after the Depositary has received notices of acceptance from two-thirds of those States which, at the time of adoption by the Assembly, were Parties. Upon entry into force, the amendment shall become binding upon those Parties that have accepted it. For any other State which was a Party at the time of adoption of the amendment by the Assembly, the amendment shall become binding on the day the Depositary receives its notice of acceptance.

Article 19 Depositary

(1) The Depositary of this Convention shall be the Secretary-General of the International Maritime Organization.

(2) The Depositary shall promptly inform all Parties of:

(a) Any signature of the Convention.

(b) The deposit of any instrument of ratification, acceptance, approval or accession.

(c) The entry into force of the Convention.

(d) The adoption of any amendment to the Convention and its entry into force.

(e) Any notification of withdrawal.

(f) Other notifications and communications relating to the Convention.

(3) Upon entry into force of an amendment to the Convention, the Depositary shall transmit a certified copy to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.

ΦΕΚ287

IN WITNESS WHEREOF this undersigned, duly authorized by their respective Governments, have signed this Convention.

DONE AT LONDON this third day of September one thousand nine hunderd and seventy-six in Engfish.French.Russian and Spanish languages, all the texts being egualiy authentic, in a single original which shad be deposited with the Depositary, who shall send a certified copy to the Government of each of the States which were invited to attend the International Conference on the Establishment of an International Maritime Satellite System and to the Government of any other State which signs or accedes to this Convention.

ANNEX

PROCEDURES FOR THE SETTLEMENT OF DISPUTES REFERRED TO IN ARTICLE 15 OF THE CONVENTION

Article 1

Disputes cognizable pursuant to Article 15 of the Convention shall be dealt with by an arbitral tribunal of three members.

Article 2

Any petitioner or group of petitioners wishing to submit a dispute to arbitration shall provide each respondent and the Secretariat with a document containing:

(a) A full description of the dispute, the reasons why each respondent is required to participate in the arbitration, and the measures being requested;

(b) The reasons why the subject matter of the dispute comes within the competence of a tribunal and why the measures requested can be granted if the tribunal finds in favour of the petitioner;

(c) An explanation why the petitioner has been unable,to achieve a settlement of the dispute by negotiation or other means short of arbitration;

(d) Evidence of the agreement or consent of the disputants when this is a condition for arbitration;

(e) The name of the person designated by the petitioner to serve as a member of the tribunal.

The Secretariat shall promptly distribute a copy of the document to each Party.

Article 3

(1) Within sixty days from the date copies of the document described in Article 2 have been received by all the respondents, they shall collectively designate an individual to serve as -a member of the tribunal. Within that period, the respondents may jointly or individually provide each disputant and the Secretariat with a document stating their individual or collective responses to the document referred to in Article 2 and including any counter-claims arising out of the subject matter of the dispute.

(2) Within thirty days after the designation of the two members of the tribunal, they shall agree on a third arbitrator. He shall not be of the same nationality as, or resident in the territory of, any disputant, or in its service.

(3) If either side fails to nominate an arbitrator within the period specified or if the third arbitrator is not appointed within the period specified, the President of the International Court of Justice, or, if he is prevented from acting or is of the same nationality as a disputant, the Vice-President, or, if he is prevented from acting or is of the same nationality as a disputant, the senior judge who is not of the same nationality as any disputant, may at the request of either disputant, appoint an arbitrator or arbitrators as the case requires.

(4) The third arbitrator shall act as president of the tribunal.

(5) The tribunal is constituted as soon as the president is selected.

Article 4

(1) if a vacancy occurs in the tribunal for any reason which the president or the remaining members of the tribunal decide is beyond the control of the disputants, or is compatible with the proper conduct of the arbitration proceedings, the vacancy shall be filled in accordance with the following provisions:

(a) If the vacancy occurs as a result of the withdrawal of a member appointed by a side to the dispute, then that side shall select a replacement within ten days after the vacancy occurs;

(b) If the vacancy occurs as a result of the withdrawal of the president or of a member appointed pursuant to Article 3(3), a replacement shall be selected in the manner described in paragraph (2) or (3), respectively, of Article 3.

(2) If a vacancy occurs for any other reason, or if a vacancy occurring pursuant to paragraph (1) is not filled, the remainder of the tribunal shall have the power, notwithstanding Article 1, upon request of one side, to continue the proceedings and give the final decision of the tribunal.

Article 5

(1) The tribunal shall decide the date and place of its meetings.

(2) The proceedings shall be held in private and all material presented to the tribunal shall be confidential. However, the Organization shall have the right to be present and shall have access to the material presented. When the Organization is a disputant in the proceedings, all Parties shall have the right to be present and shall have access to the material presented.

(3) In the event of a dispute over the competence of the tribunal, the tribunal shall deal with that question first.

(4) The proceedings shall be conducted in writing, and each side shall have the right to submit written evidence in support of its allegations of fact and law. However, oral arguments and testimony may be given if the tribunal considers it appropriate.

(5) The proceedings shall commence with the presentation of the case of the petitioner containing its arguments, related facts supported by evidence and the principles of law relied upon. The case of the petitioner shall be followed by the counter-case of the respondent. The petitioner may submit a reply to the counter-case of the respondent and the respondent may submit a rejoinder. Additional pleadings shall be submitted oniy if the tribunal determines they are necessary.

(6) The tribunal shall hear and determine counter-claims arising directly out of

the subject matter of the dispute, if the counter-claims are within its competence as defined in Article 15 of the Convention.

(7) If the disputants reach an agreement during the proceedings, the agreement shall be recorded in the form of a decision of the tribunal given by consent of the disputants.

(8) At any time during the proceedings, the tribunal may terminate the proceedings if it decides the dispute is beyond its competence as defined in Article 15 of the Convention.

(9) The deliberations of the tribunal shall be secret.

(10) The decisions of the tribunal shall be presented in writing and shall be supported by a written opinion. Its rulings and decisions must be supported by at least two members. A member dissenting from the decision may submit a separate written opinion.

(11) The tribunal shall forward its decision to the Secretariat,'which shall distribute it to all Parties.

(12) The tribunal may adopt additional rules of procedure, consistent with those established by this Annex, which are appropriate for the proceedings.

Article 6

If one side fails to present its case, the other side may call upon the tribunal to give a decision on the basis of its presentation. Before giving its decision, the tribunal shall satisfy itself that it has competence and that the case is well-founded in fact and in law.

Article 7

Any Party or the Organization may apply to the tribunal for permission to intervene and become an additional, disputant. The tribunal shall grant permission if it determines that the applicant has a substantial interest in the case.

Article 8

The tribunal may appoint experts to assist it at the request of a disputant or on its own initiative.

Article 9

Each Party and the Organization shall provide all information which the tribunal, at the request of a disputant or on its own initiative, determines to be required for the handling and determination of the dispute.

Article 10

Pending the final decision, the tribunal may indicate any provisional measures which it considers ought to be taken to preserve the respective rights of the disputants.

Article 11

(1) The decision of the tribunal shall be in accordance with international law and be based on:

(a) The Convention;

(b) Generally accepted principles of law.

(2) The decision of the tribunal, including any reached by agreement of the disputants pursuant to Article 5(7), shall be binding on ail the disputants, and shall be carried out by them in good faith. If the Organization is a disputant, and the tribunal decides that a decision of any organ of the Organization is null and void as not being authorized by or in compliance with the Convention, the decision of the tribunal shall be binding on all Parties.

(3) If a dispute arises as to the meaning or scope of its decision, the tribunal shall construe it at the request of any disputant.

Article 12

Unless the tribunal determines otherwise because of the particular circumstances of the case, the expenses of the tribunal, including the remuneration of the members of the tribunal, shall be borne in equal shares by each side. Where a side consists of more than one disputant, the tribunal shall apportion the share of that side among the disputants an that side. Where the Organization is a disputant, its expenses associated with the arbitration shall be regarded as an administrative cost of the Organization.

ΤΡΟΠΟΠΟΙΗΜΕΝΗ ΣΥΜΒΑΣΗ ΤΟΥ ΔΙΕΘΝΟΥΣ ΟΡΓΑΝΙΣΜΟΥ ΚΙΝΗΤΩΝ ΔΟΡΥΦΟΡΙΚΩΝ ΕΠΙΚΟΙΝΩΝΙΩΝ

ΤΑ ΚΡΑΤΗ - ΜΕΛΗ ΑΥΤΗΣ ΤΗΣ ΣΥΜΒΑΣΗΣ,

ΕΧΟΝΤΑΣ υπόψη τις αρχές που ετέθησαν στην Απόφαση 1721 (XVI) της Γενικής Συνέλευσης των Ηνωμένων Εθνών, ότι η επικοινωνία μέσω δορυφόρων θα πρέπει να είναι στη διάθεση των εθνών του Κόσμου, μόλις αυτό να καταστεί εφικτό, σε παγκόσμια βάση και χωρίς διακρίσεις,

ΛΑΜΒΑΝΟΝΤΑΣ υπόψη τις σχετικές διατάξεις της Συνθήκης της 27ης Ιανουαρίου 1967, η οποία αναφέρεται στις αρχές που διέπουν τις δραστηριότητες, των Κρατών για την εξερεύνηση του Εξώτερου Διαστήματος, περιλαμβανομένης της Σελήνης και άλλων ουρανίων σωμάτων και ειδικότερα το