DECRETO DEL PRESIDENTE DELLA REPUBBLICA 16 febbraio 1993, n. 87

Entrata in vigore del decreto: 18-04-1993

IL PRESIDENTE DELLA REPUBBLICA

Visto l'art. 87 della Costituzione;

Visto il decreto del Presidente della Repubblica 23 maggio 1979, n. 263, con il quale e' stata resa esecutiva la convenzione istitutiva dell'INMARSAT;

Visto l'art. 17 della legge 23 agosto 1988, n. 400;

Udito il parere del Consiglio di Stato, espresso nell'adunanza generale del 25 giugno 1992;

Vista la deliberazione del Consiglio dei Ministri, adottata nella riunione del 29 gennaio 1993;

Sulla proposta del Ministro degli affari esteri, di concerto con i Ministri della difesa, dei trasporti e, ad interim, della marina mercantile e dell'universita' e della ricerca scientifica e tecnologica;

E M A N A il seguente regolamento:

Art. 1

1.Piena ed intera esecuzione e' data agli emendamenti alla convenzione e all'accordo operativo per estendere le comunicazioni via satellite ai servizi mobili terrestri, adottati a Londra il 19 gennaio 1989, allegati al presente regolamento e vistati dal Ministro proponente.

SCALFARO

AMATO, Presidente del Consiglio dei Ministri

COLOMBO, Ministro degli affari esteri

ANDO', Ministro della difesa

TESINI, Ministro dei trasporti e,

ad interim, della marina mercantile

FONTANA, Ministro dell'universita' e della ricerca scientifica e tecnologica

Visto, il Guardasigilli: CONSO Registrato alla Corte dei conti il 23 marzo 1993

Atti di Governo, registro n. 88, foglio n. 23

Amendments

AMENDMENTS TO THE INMARSAT CONVENTION AND OPERATING AGREEMENT FOR LAND MOBILE-SATELLITE COMMUNICATIONS. The Director General of the International Maritime Satellite Organ- ization (INMARSAT) presents his compliments and has the honour to re- fer to the amendments to the INMARSAT Convention and Operating Agreement adopted and confirmed respectively by the INMARSAT Assembly at its Sixth (Extraordinary) Session, held in London from 17-19 Janu- ary 1989, for the purpose of extending INMARSAT's competence to pro- vide land mobile-satellite communications. A copy of the certified amendments, which were adopted in the Eng- lish, French, Russian and Spanish languages, as equally authentic texts, is attached. Reference is also made in this respect to the Report of the Sixth (Extraordinary) Session of the Assembly (ASSEMBLY/6/16), sent to Par- ties on 2 February 1989. Formal notification of the adoption and confirmation of the amend- ments by the Assembly will be forwarded to your Government in due course by the Secretary-General of the International Maritime Organ- ization (IMO), as Depositary of the INMARSAT Convention and Operating Agreement, in accordance with Articles 35 (2) and XIX (2) thereof, respectively. Pursuant to Article 34 (2) of the INMARSAT Convention, the amend- ments to the Convention shall enter into force on 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 As- sembly were Parties and represented at least two-thirds of the total investment shares. Upon entry into force, the amendments shall become binding upon all Parties and Signatories, including those which have not accepted them. Pursuant to Article XVIII (2) of the INMARSAT Operating Agreement, the amendments to the Operating Agreement shall enter into force one hundred and twenty days after the Depositary has received notice of their approval by two-thirds of those Signatories which at the time of confirmation by the Assembly were Signatories and then held at least two-thirds of the total investment shares. Notification of ap- proval of the amendments shall be transmitted to the Depositary only by the Party concerned and the transmission shall signify the accept- ance by the Party of the amendments. Upon entry into force, the amendments shall become binding upon all Signatories, including those which have not accepted them. Detailed planning by INMARSAT for the establishment of land mobile- satellite communications services is now well advanced. It would fa- cilitate this planning and expedite the prompt-implementation of the services, if the amendments were to enter into force without delay. Signatories have been requested to send to their respective Govern- ments notice of their approval of the amendments to the Operating Agreement. Parties are accordingly requested to send to the Secretary General of IMO, at 4, Albert Embankment, London, SEI 7SR, as soon as possi- ble, the following: a) notification of the Party's acceptance of the amendments to the Convention, and b) notification of the Signatory's approval of the amendments to the Operating Agreement. The Director General avails himself of this opportunity to renew the assurance of his highest consideration. London, 2 February 1989 To: All INMARSAT Parties AMENDMENTS TO THE CONVENTION ON THE INTERNATIONAL MARITIME SATELLITE ORGANIZATION (INMARSAT). PREAMBLE The third paragraph of the Preamble is replaced by the following text: Taking into account that world trade is dependent upon transporta- tion by sea, air and on land, The seventh paragraph of the Preamble is replaced by the following text: Affirming that a maritime satellite system shall also be open for aeronautical and land mobile communications and communications on wa- ters not part of the marine environment for the benefit of all na- tions, Article 1 Definitions Article 1, paragraph (f) is replaced by the following text: (f) "Ship" means a vessel of any type operating in the marine en- vironment or on waters not part of the marine environment. It in- cludes inter alia dynamically supported craft, submersibles, floating craft and platforms not permanently moored. In Article 1, the following new paragraphs (i) and (j) are added: (i) "Mobile earth station" means an earth station in the mobile- satellite service intended to be used while in motion or during halts at unspecified points. (j) "Land earth station" means an earth station in the fixed- satellite service or, in some cases, in the mobile-satellite service, located at a specified fixed point or within a specified area on land to provide a feeder link for the mobile-satellite service. Article 3 Purpose Article 3, paragraphs (1) and (2) are replaced by the following text: (1) The purpose of the Organization is to make provision for the space segment necessary for improving maritime communications and, as practicable, aeronautical and land mobile communications and communi- cations on waters not part of the marine environment, thereby assist- ing in improving communications for distress and safety of life, communications for air traffic services, the efficiency and manage- ment of transportation by sea, air and on land, maritime, aeronau- tical and other mobile public correspondence services and radiodetermination capabilities. (2) The Organization shall seek to serve all areas where there is need for maritime, aeronautical and other mobile communications. Article 7 Access to Space Segment Article 7, paragraphs (1), (2) and (3) are replaced by the follow- ing text: (1) The INMARSAT space segment shall be open for use by ships and aircraft of hall nations and by mobile earth stations on land on con- ditions to be determined by the Council. In determining such condi- tions, the Council shall not discriminate among ships or aircraft or mobile earth stations on land on the basis of nationality. (2) The Council may permit access to the INMARSAT space segment by earth stations located on structures operating in the marine environ- ment other than ships and by mobile earth stations at fixed locations on land, if and as long as the operation of such earth stations would not have a significantly adverse effect on the provision of mobile- satellite services. (3) Land earth stations communicating via the INMARSAT space seg- ment shall be located on land territory under the jurisdiction of a Party and shall be wholly owned by Parties or entities subject to their jurisdiction. The Council may authorize otherwise if it finds this to be in the interests of the Organization. In Article 7, the following paragraph (4) is added: (4) Use of the INMARSAT space segment by mobile earth stations within land territory under the jurisdiction of a State shall be sub- ject to the regulations governing radiocommunications of that State, and shall not be detrimental to that State's security. Article 12 Assembly - Functions Article 12, sub-paragraph (1) (c) is replaced by the following text: (c) Authorize, on the recommendation of the Council, the estab- lishment of additional space segment facilities the special or pri- mary purpose of which is to provide radiodetermination, distress or safety services. However, the space segment facilities established to provide mari- time, aeronautical and other mobile public correspondance services can be used for telecommunications for distress, safety and radiodetermination purposes without authorization. Article 15 Council - Functions Article 15, paragraphs (a), (c) and (h) are replaced by the follow- ing text: (a) Determination of maritime, aeronautical and other mobile sat- ellite telecommunications requirements and adoption of policies, plans, programmes, procedures and measures for the design, develop- ment, construction, establishment, acquisition by purchase or lease, operation, maintenance and utilization of the INMARSAT space segment, including the procurement of any necessary launch services to meet such requirements. (c) Adoption of criteria and procedures for approval of land earth stations, mobile earth stations, and earth stations on structures in the marine environment for access to the INMARSAT space segment and for verification and monitoring of performance of earth stations hav- ing access to and utilization of the INMARSAT space segment. For mo- bile earth stations, the criteria should be in sufficient detail for use by national licensing authorities, ar their discretion, for type- approval purposes. (h) Determination of arrangements for consultation on a continuing basis with bodies recognized by the Council as representing shipowners, aircraft and land transport operators, maritime, aeronau- tical and land transport personnel and other users of maritime, aer- onautical and other mobile telecommunications. Article 21 Inventions and Technical Information Article 21, sub-paragraphs 2 (b) and 7 (b) (i) are replaced by the following text: (2) (b) The right to disclose and to have disclosed to Parties and Signatories and others within the jurisdiction of any Party such in- ventions and technical information, and to use and to authorize and to have authorized Parties and Signatories and such others to use such invention and technical information without payment in connexion with the INMARSAT space segment and any mobile earth station or land earth station operating in conjunction therewith. (7) (b) (i) Without payment in connexion with the INMARSAT space segment or any land earth station or mobile earth station operating in conjunction therewith; Article 32 Signature and Ratification Article 32, paragraph (3) is replaced by the following text: (3) On becoming a Party to this Convention, or at any time there- after, a State may declare, by written notification to the Depositary, to which Registers of ships, to which aircraft and mobile earth stations on land operating under its authority, and to which land earth stations under its jurisdiction, the Convention shall ap- ply. AMENDMENTS TO THE OPERATING AGREEMENT ON THE INTERNATIONAL MARITIME SATELLITE ORGANIZATION (INMARSAT). Article V Investment Shares Article V, paragraph (2) is replaced by the following text: (2) For the purpose of determining investment shares, utilization in both directions shall be divided into two equal parts, a mobile earth station part and a land part. The part associated with the ship or aircraft or mobile earth station on land where the traffic origi- nates or terminates shall be attributed to the Signatory of the Party under whose authority the ship or aircraft or mobile earth station on land is operating. The part associated with the land territory where the traffic originates or terminates shall be attributed to the Signatory of the Party in whose territory the traffic originates or terminates. However, where, for any Signatory, the ratio of the mo- bile earth station parts to the land parts exceeds 20:1, that Signatory shall, upon application to the Council, be attributed a utilization equivalent to twice the land part or an investment share of 0.1 per cent, whichever is higher. Structures operating in the ma- rine environment, for which access to the INMARSAT space segment has been permitted by the Council, shall be considered as ships for the purpose of this paragraph. Article XIV Earth Station Approval Article XIV, paragraph (2) is replaced by the following text: (2) Any application for such approval shall be submitted to the Or- ganization by the Signatory of the Party in whose territory the land earth station is or will be located, or by the Parthy or the Signatory of the Party under whose authority the mobile earth station or the earth station on a structure operating in the marine environ- ment is licensed or, with respect to land earth stations and mobile earth stations located in a territory or on a ship or an aircraft or an earth station on a structure operating in the marine environment not under the jurisdiction of a Party, by an authorized telecommuni- cations entity. Visto, il Ministro degli affari esteri COLOMBO

Emendamenti