Zakon o ratifikaciji Območnega sporazuma o načrtovanju pomorskih radionavigacijskih storitev (radijski svetilniki) v evropskem pomorskem območju (MOSNPRS)

PREAMBLE

The delegates of the following Members of the International Telecomunication Union:
    People’s Democratic Republic of Algeria, Federal Republic of Germany, Austria, Belgium, People’s Republic of Bulgaria, Republic of Cyprus, Denmark, Spain, Finland, France, Greece, Hungarian People’s Republic, Ireland, State of Israel, Italy, Socialist People’s Libyan Arab Jamahiriya, Republic of Malta, Kingdom of Morocco, Monaco, Norway, Kingdom of the Netherlands, People’s Republic of Poland, Portugal, German Democratic Republic, Socialist Republic of Romania, United Kingdom of Great Britain and Northern Ireland, Sweden, Czechoslovak Socialist Republic, Tunisia, Turkey, Union of Soviet Socialist Republics, Socialist Federal Republic of Yugoslavia,
    meeting in Geneva for a Regional Administrative Radio Conference convened under the terms of Article 7 of the International Telecomunication Convention, Nairobi, 1982, have adopted subject to the approval of the competent authorities of their respective countries the following provisions relating to the maritime radionavigation service (radiobeacons) in the European Maritime Area.

Article 1

Definitions

For the purpose of this Agreement, the following terms shall have the meaning defined below:
    1.1 Union: The International Telecommunication Union;
    1.2 Secretary-General: The Secretary-General of the Union;
    1.3 IFRB: The International Frequency Registration Board (also referred to as the Board);
    1.4 CCIR: The International Radio Consultative Committee;
    1.5 Convention: The International Telecommunication Convention, Nairobi, 1982;
    1.6 Radio Regulations: The Radio Regulations, Geneva, 1979, as revised by WARC-MOB-83, annexed to the Convention;
    1.7 European Maritime Area: The geographical area defined in No. 405 of the Radio Regulation;
    1.8 Agreement: The whole of this Agreement including its Annexes and Appendices;
    1.9 Plan: The Plan forming the Annex 1 to this Agreement;
    1.10 Contracting Member: Any Member of the Union which has approved or acceded to this Agreement;
    1.11 Administration: Any governmental department or service responsible for discharging the obligations undertaken in the International Telecommunication Convention and the Radio Regulations;
    1.12 Assignment in conformity with the Agreement: Any frequency assignment appearing in the Plan or any frequency assignment for which the procedure of Article 4 has been successfully applied.

Article 2

Frequency Bands

2.1 The provisions of this Agreement apply in the European Maritime Area to the band 283.5–315 kHz allocated under Article 8 of the Radio Regulations to the maritime radionavigation service (radiobeacons) on a primary basis.
    These provisions also apply to frequency assignments to stations of the aeronautical radionavigation service to which the same frequency band is allocated on a permitted basis.

Article 3

Execution of this Agreement

3.1 The Contracting Members shall adopt, for their radiobeacon stations of the maritime radionavigation service operating in the European Maritime Area in the frequency band referred to in this Agreement, the characteristics specified in the Plan.
    3.2 The Contracting Members shall not bring assignments complying with the Plan into use, modify the technical characteristics of stations specified in the Plan, or bring new stations into use, except under the conditions specified in Articles 4 and 5 of this Agreement.
    3.3 When assigning frequencies to stations of the aeronautical radionavigaton service, Contracting Members shall take account of the frequency assignments to radiobeacon stations of the maritime radionavigation service which are in conformity with this Agreement of for which the modification procedure contained in Article 4 has been initiated.
    3.4 The Contracting Members shall endeavour to coordinate their efforts with a view to reducing any harmful interference that may result from the application of this Agreement.

Article 4

Procedure for Modifications to the Plan

SECTION A – GENERAL

4.1 When a Contracting Member proposes to make a modification to the Plan, that is:
    a) to modify the characteristics of a frequency assignment to a radiobeacon station of the maritime radionavigation service shown in the Plan, whether or not the station has been brought into use; or
    b) to bring into use an assignment to a radiobeacon station of the maritime radionavigation service not appearing in the Plan; or
    c) to modify the characteristics of a frequency assignment to a radiobeacon station of the maritime radionavigaton service for which the procedure in this Article has been successfully applied, whether or not the station has been brought into use; or
    d) to cancel a frequency assignment to a radiobeacon station of the maritime radionavigaton service;
    the following procedure shall be applied at the same time as the notification is made under the provisions of Article 12 of the Radio Regulations (see Article 5 of this Agreement).

SECTION B – PROCEDURE FOR MODIFYING THE CHARACTERISTICS OF AN ASSIGNMENT OR THE BRINGING INTO USE OF A NEW ASSIGNMENT

4.2 An administration proposing to modify the characteristics of an assignment or to bring a new assignment into use shall, either directly or through the IFRB, seek the agreement of all other administrations whose assignments may be affected.
    4.3 For the purposes of this procedure, these other administrations shall be the administrations of Contracting Members which have:
    a) assignments in conformity with this Agreement whose service may be affected according to the criteria specified in Appendix 1 to Annex 3;
    b) assignments recorded in the Master International Frequency Register for stations of the aeronautical radionavigation service which may be affected according to the provisions of No. 1241 of the Radio Regulations together with the technical criteria contained in Appendix 1 to Annex 3.
    4.4 An administration proposing to modify the characteristics of an assignment or to bring new assignment into use may at any time seek the agreement of any other Contracting Member which it has identified following the application of Appendix 1 to Annex 3 as having an assignment in the Plan which may be affected by the proposed modification to the Plan. It shall, in any case, so inform the Board not earlier than 90 days before the date of bringing into use and shall provide the Board with the characteristics listed in Appendix 1 to the Radio Regulations, and the names of the administrations with which it considers agreement should be sought and of those with which agreement has been reached. The IFRB shall consider this information as a notification in accordance with Article 12 of the Radio Regulations. Publication in Part 1 of the weekly circular shall at the same time constitute information to the Contracting Members on the proposed modification.
    4.5 When the Board reaches an unfavourable finding under No. 1241 of the Radio Regulations in relation to frequency assignments recorded in the Master Register on behalf of non-Contracting Member, it shall notify the administration proposing the modification and shall make recommendations with a view to reaching a satisfactory solution to the problem.
    4.6 When the Board reaches a favourable finding under No. 1241 of the Radio Regulations in relation to frequency assignments recorded in the Master Register on behalf of non-Contracting Members, it shall examine the modification proposed in relation to assignments:
    – in conformity with this Agreement;
    – published in Part 1 of the weekly circular in accordance with paragraph 4.4 above;
    – of the aeronautical radionavigation service recorded in the Master Register on behalf of Contracting Members.
    The Board shall inform the administration proposing the modification of the results of its examination.
    4.7 When the administration proposing the modification is informed of the results of the Board’s examination, it shall endavour to seek the agreement of the other administrations as soon as possible and in any case, before bringing the assignment into use, it shall inform the Board of the results of its efforts.
    4.8 Following the examination carried out in accordance with paragraph 4.6 above, the Board shall record the assignment in the Master Register in accordance with No. 1311 to 1313 of the Radio Regulations indicating the names of those administrations whose agreement has to be obtained.
    4.9 When an administration confirms that its assignment has been brought into use, it shall inform the Board of the names of administrations with which agreement has been reached. When the Board finds that the agreement of an administration has not been obtained, it shall request the notifying administration to delete its entry from the Master Register. If this administration insists, its assignment shall be retained in the Master Register subject to the application of the procedure of No. 1255 of the Radio Regulations; the period of two months specified in No 1259 of the Radio Regulations shall start when the assignment of the Member country whose agreement is required is brought into use.
    4.10 When the Board finds that the agreement of Contracting Members is not required or when the Board is informed that the required agreement has been obtained, it shall update the master copy of the Plan.

SECTION C – CANCELLATION OF ASSIGNMENTS

4.11 An administration proposing to cancel an assignment in the Plan, whether or not as a result of a modification (for instance a change of frequency), shall immediately so inform the IFRB. The Board shall update the master copy of the Plan accordingly.

SECTION D – MAINTENANCE AND PUBLICATION OF THE PLAN

4.12 The IFRB shall maintain an up-to-date master copy of the Plan and its appendices, taking account of the application of the procedure specified in this Article; to this end the IFRB shall periodically prepare recapitulative documents listing all amendments made to the Plan as a result of modifications made in accordance with the procedure of this Article, the addition of new assignments in conformity with this Agreement, and any cancellations of which the Board has been notified.
    4.13 The Secretary-General shall publish an up-to-date version of the Plan in an appropriate form as and when circumstances justify and in any case every five years.

Article 5

Notification of Frequency Assignments

5.1 Whenever an administration intends to bring into use an assignment in conformity with this Agreement, it shall notify the assignment to the IFRB in accordance with the provisions of Article 12 of the Radio Regulations.
    5.2 Notices of frequency assignments in conformity with this Agreement shall not be examined by the Board under No. 1241 with respect to frequency assignments redorded in the Master Register on behalf of Contracting Members for stations of primary or permitted services of administrations, Parties to the Agreement.
    5.3 In relations between Contracting Members, assignments thus brought into service and entered into the Master Register will have the same status, irrespective of the date on which they are brought into service.

Article 6

Procedure Applicable to New Assignments of the Aeronautical Radionavigation Service

6.1 In order to permit the compatible development of the aeronautical radionavigation service in the band 283.5–315 kHz, the IFRB shall examine in accordance with No. 1245 of the Radio Regulations the frequency assignments of this service notified by Contracting Members. To this effect the following provisions shall be applied.
    6.2 The Board shall examine the frequency assignment with respect to the probability of harmful interference to the service provided or to be provided by a station for which a frequency assignment:
    a) is already recorded in the Master Register and bears a date in Column 2a; or
    b) is in conformity with No. 1240 of the Radio Regulations and is recorded in the Master Register with a date in Column 2b, but has not, in fact, caused harmful interference to any frequency assignment with a date in Column 2a or to any assignment in conformity with No. 1240 with an earlier date in Column 2b;
    c) is in conformity with this Agreement but has not yet been notified in accordance with Article 4;
    d) was published in Part I of the weekly circular in accordance with paragraph 4.4 (Article 4).
    6.3 In the event of the finding being unfavourable with respect to a frequency assignment described in paragraphs 6.2 c) or 6.2 d) above, if the administration resubmits the notice under No. 1255 of the Radio Regulations the period of two months specified in No. 1259 shall not start until the assignment which gave rise to the unfavourable finding is brought into service.
    6.4 For the purpose of these examinatios, the IFRB’s Technical Standards shall apply.

Article 7

Special Arangements

7.1 In additon to the procedure provided for in Article 4 of this Agreement and to facilitate its application with a view to improving the utilization of the Plan, Contracting Members may conclude special arrangements in accordance with the relevant provisions of the Convention and of the Radio Regulations.

Article 8

Scope of Application of this Agreement

8.1 This Agreement shall bind Contracting Members in their relations with one another but shall not bind those Members with respect to non-Contracting countries.
    8.2 If a Contracting Member makes reservations with regard to any provision of this Agreement, other Contracting Members shall be free to disregard that provision in their relations with the Contracting Member which has made such reservations.

Article 9

Approval of this Agreement

9.1. This Agreement shall be subject to approval by the competent authorities of the countries on behalf of which the Agreement was signed. Instruments of approval shall be deposited, in as short a time as possible, with the Secretary-General, who shall inform all the Members of the Union.

Article 10

Accession to this Agreement

10.1 Any Member of the Union in the European Maritime Area which has not signed this Agreement may accede thereto at any time. Such accession shall extend to the Plan as it stands at the time of the accession and shall be made without reservation. The instruments of accession shall be deposited with the Secretary-General who shall promptly inform all the Members of the Union. After the date of entry into force of this Agreement, for each Member acceding to the Agreement it shall enter into force on the date of the deposit by such a Member of its instrument of accession.

Article 11

Termination of Participation in this Agreement

11.1 Any Contracting Member shall have the right at any time to terminate its participation in this Agreement by a notification sent to the Secretary-General, who shall inform all the Members of the Union.
    11.2 Such termination of participation shall take effect after a period of one year from the date of receipt by the Secretary-General of the said notification.
    11.3 On the date on which the termination of participation becomes effective, the IFRB shall delete from the Plan the assignments entered in the name of the Member concerned.

Article 12

Revision of the Agreement

12.1 No revision of this Agreement shall be undertaken except by a competent administrative radio conference of the Members of the Union in the European Maritime Area, convened in accordance with the procedure laid down in the Convention.

Article 13

Abrogation and Replacement of the Regional Arrangement Concerning Maritime Radiobeacons in the European Area of Region 1 (Paris, 1951)

13.1 This Agreement abrogates and replaces the Regional Arrangement Concerning Maritime Radiobeacons in the European Area of Region 1 (Paris, 1951).

Article 14

Entry into Force of this Agreement

14.1 This Agreement shall enter into force on 1 April 1992 at 0001 hours UTC.
    IN WITNESS WHEREOF the delegations of Members of the Union mentioned above have, on behalf of their respective competent authorities, signed this Agreement in a single copy in the Arabic, English, French, Russian and Spanish languages in which, in case of dispute, the French text shall be authentic. This copy shall remain deposited in the archives of the Union. The Secretary-General shall forward one certified copy to each Member in the European Maritime Area.
    Done at Geneva, 13 March, 1985.