rijk/verdrag/verdrag-inzake-de-internationale-organisatie-voor-mobiele-satellieten/BWBV0003238/README.md

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag inzake de Internationale Organisatie voor Mobiele Satellieten	BWBV0003238	verdrag	geldend	1979-07-16	https://wetten.overheid.nl/BWBV0003238	Verdrag inzake de Internationale Organisatie voor Mobiele Satellieten

Verdrag inzake de Internationale Organisatie voor Mobiele Satellieten

Artikel 1

For the purposes of this Convention:

a) a) “The Organization” means the intergovernmental organization established pursuant to Article 2. b) b) “GMDSS” means the Global Maritime Distress and Safety System as established by IMO. c) c) “Provider” means any entity or entities, which, through a mobile satellite communications system recognized by IMO, provides services for the GMDSS. d) d) “Party” means a State for which this Convention has entered into force. e) e) “Public Services Agreement” means an Agreement executed by the Organization and a Provider, as referred to in Article 5(1). f) f) “IMO” means the International Maritime Organization. g) g) “MSC” means the Maritime Safety Committee of IMO. h) h) “LRIT” means the long-range identification and tracking of ships as established by IMO. i) i) “LRIT Services Agreement” means an Agreement executed by the Organization and either an LRIT Data Centre or an LRIT Data Exchange, or other relevant entities, as referred to in Article 7. j) j) “LRIT Data Centre” means a national, regional, co-operative or international data centre operating in conformity with requirements adopted by IMO in relation to LRIT. k) k) “LRIT Data Exchange” means a data exchange operating in conformity with requirements adopted by IMO in relation to LRIT. l) l) “LRIT Co-ordinator” means the Co-ordinator for the LRIT system appointed by the MSC.

Artikel 2

The International Mobile Satellite Organization (IMSO), herein referred to as “the Organization”, is hereby established.

Artikel 3

1. The Primary Purpose of the Organization is to ensure the provision, by each Provider, of maritime mobile satellite communications services for the GMDSS according to the legal framework set up by IMO.

2.

In implementing the Primary Purpose set out in paragraph (1), the Organization shall:

a) a) act exclusively for peaceful purposes; and b) b) perform the oversight functions in a fair and consistent manner among Providers.

Artikel 4

1. Subject to the decision of the Assembly, the Organization may assume functions and/or duties of LRIT Co-ordinator, at no cost to Parties, in accordance with the decisions of IMO.

2. The Organization shall continue to perform the functions and/or duties of LRIT Co-ordinator, subject to the decision of the Assembly. In performing such functions and/or duties, the Organization shall act in a fair and consistent manner.

Artikel 5

1. The Organization shall execute a Public Services Agreement with each Provider, and shall conclude such other arrangements as may be necessary to enable the Organization to perform its oversight functions, and to report as well as make recommendations, as appropriate.

2.

Oversight of Providers by the Organization shall be based on:

a) a) any specific conditions or obligations imposed by IMO during, or at any stage after, the recognition and authorization of the Provider; b) b) relevant international regulations, standards, recommendations, resolutions and procedures relating to the GMDSS; c) c) the relevant Public Services Agreement and any other related arrangements concluded between the Organization and the Provider.

3. Each Public Services Agreement shall include, *inter alia, *general provisions, common principles and appropriate obligations for the Provider in accordance with a Reference Public Services Agreement and guidelines developed by the Assembly, including arrangements for the provision of all the information necessary for the Organization to fulfil its purpose, functions and duties, consistent with Article 3.

4. All Providers shall execute Public Services Agreements which shall also be executed by the Director General on behalf of the Organization. Public Services Agreements shall be approved by the Assembly. The Director General shall circulate the Public Services Agreements to all Parties. Such Agreements shall be considered approved by the Assembly unless more than one-third of the Parties submit written objections to the Director General within three months from the date of circulation.

Artikel 6

1. Parties shall take appropriate measures, in accordance with national laws, to enable Providers to provide GMDSS services.

2. The Organization, through existing international and national mechanisms dealing with technical assistance, should seek to assist Providers in their effort to ensure that all areas, where there is a need, are provided with mobile satellite communications services, giving due consideration to the rural and remote areas.

Artikel 7

In order to perform its LRIT Co-ordinator functions and duties, including recovery of the costs incurred, the Organization may enter into contractual relationships, including LRIT Services Agreements, with LRIT Data Centres, LRIT Data Exchanges, or other relevant entities, on such terms and conditions as may be negotiated by the Director General, subject to oversight by the Assembly.

Artikel 8

The organs of the Organization shall be:

(a) (a) The Assembly. (b) (b) A Directorate, headed by a Director General.

Artikel 9

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 General, 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.

Artikel 10

(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 simple majority of the Parties.

Artikel 11

The functions of the Assembly shall be:

a) a) to consider and review the purposes, general policy and long term objectives of the Organization and the activities of the Providers which relate to the primary purpose; b) b) to take any steps or procedures necessary to ensure that each Provider carries out its obligation of providing maritime mobile satellite communications services for the GMDSS, including approval of the conclusion, modification and termination of Public Services Agreements; c) c) to decide upon questions concerning formal relationships between the Organization and States, whether Parties or not, and international organizations; d) d) to decide upon any amendment to this Convention pursuant to Article 20 thereof; e) e) to appoint a Director General under Article 12 and to remove the Director General; f) f) to endorse the budget proposals of the Director General, and to establish procedures for the review and approval of the budget; g) g) to consider and review the purposes, general policy and long term objectives of the Organization in the performance of the Organization’s role as LRIT Co-ordinator, and to take appropriate steps necessary to ensure that the Organization performs its role as LRIT Co-ordinator; h) h) to take any steps or procedures necessary in the negotiation and execution of LRIT Services Agreements and/or contracts, including approval of the conclusion, modification and termination of such Agreements and/or contracts; and i) i) to exercise any other function conferred upon it under any other Article of this Convention.

Artikel 12

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

2. The Director General shall serve for a maximum of two consecutive terms, unless the Assembly decides otherwise.

3. The Director General shall be the legal representative of the Organization and Chief Executive Officer of the Directorate, and shall be responsible to and under the direction of the Assembly.

4. The Director General 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 Directorate, and shall appoint the personnel of the Directorate.

5. The paramount consideration in the appointment of the Director General and other personnel of the Directorate shall be the necessity of ensuring the highest standards of integrity, competency and efficiency.

6. The Organization shall conclude, with any Party in whose territory the Organization establishes the Directorate, an agreement, to be approved by the Assembly, relating to any facilities, privileges and immunities of the Organization, its Director General, 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 Directorate is moved from the territory of the host Government.

7. All Parties, other than a Party which has concluded an agreement referred to in paragraph (6), shall conclude a Protocol on the privileges and immunities of the Organization, its Director General, 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.

Artikel 13

1.

The Organization shall keep separate accounts of costs incurred for GMDSS oversight and LRIT Co-ordinator services. The Organization shall, in the Public Services Agreements, and in the LRIT Services Agreements and/or contracts, as appropriate, arrange for the costs associated with the following to be paid by the Providers and by entities with which the Organization has entered into LRIT Services Agreements and/or contracts:

a) a) the operation of the Directorate; b) b) the holding of Assembly sessions and meetings of its subsidiary bodies; c) c) the implementation of measures taken by the Organization in accordance with Article 5 to ensure that the Provider carries out its obligation of providing maritime mobile satellite communications services for the GMDSS; and d) d) the implementation of measures taken by the Organization in accordance with Article 4 in its role as LRIT Co-ordinator.

2. The costs defined in paragraph (1) shall be apportioned between all Providers and among entities with which the Organization has entered into LRIT Services Agreements and/or contracts, as appropriate, according to rules set up by the Assembly.

3. No Party shall be obligated to pay for any costs associated with the performance by the Organization of the functions and duties of LRIT Co-ordinator by reason of its status as a Party to this Convention.

4. Each Party shall meet its own costs of representation at Assembly sessions and meetings of its subsidiary bodies.

Artikel 14

Parties are not, in their capacity as such, liable for the acts and obligations of the Organization or the Providers, 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.

Artikel 15

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.

Artikel 16

The Organization shall co-operate 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.

Artikel 17

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.

Artikel 18

(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) (a) Signature not subject to ratification, acceptance or approval, or (b) (b) Signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval, or (c) (c) Accession.

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

(3). Vervallen.

(4). Vervallen.

(5). Reservations cannot be made to this Convention.

Artikel 19

(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.

Artikel 20

1. An amendment to this Convention may be proposed by any Party. The proposed amendment shall be circulated by the Director General to all Parties and to Observers. The Assembly shall consider the proposed amendment not earlier than six months thereafter. This period may in any particular case be reduced by up to three months by a substantive decision of the Assembly. Providers and Observers shall have the right to provide comments and input to Parties concerning the proposed amendment.

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.

Artikel 21

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.

Artikel 22

1. The Depositary of this Convention shall be the Secretary-General of IMO.

2.

The Depositary shall promptly inform all Parties of:

a) a) Any signature of the Convention. b) b) The deposit of any instrument of ratification, acceptance, approval or accession. c) c) The entry into force of the Convention. d) d) The adoption of any amendment to the Convention and its entry into force. e) e) Any notification of withdrawal. f) 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.