454-(8)

II SÉRIE-A — NUMERO 30

Article 6 The Council

1 — The Council shall consist of representatives of the respective Radiocommunications Regulatory Administrations of all the Contracting Parties.

2 — The Chairman of the ERC shall be the Chairman of the Council. If the Chairman of the ERC is from a country that is not Party to this Convention the Council shall elect a Chairman from its members. The Chairman shall have authority to act on behalf of the Council.

2 — Representatives of the Commission of the European Communities and of the Secretariat of the European Free Trade Association may participate in the Council with the status of Observer.

Article 7 Functions of the Council

1 — The Council shall be the supreme decision-making body of the ERO and shall in particular:

1) Determine ERO's policy in technical and administrative matters;

2) Approve the work programme, the budget and the accounts;

3) Determine the number of staff;

4) Appoint the Head of Office and the Staff;

5) Enter into contracts and agreements on behalf of the ERO;

6) Adopt amendments to the Convention in accordance with articles IS and 20; and

7) Take all measures necessary for die fulfilment of the purposes of the ERO within the framework of the Convention.

2 — The Council shall establish all necessary rules for the proper functioning of the ERO and its organs.

Article 8

Voting rules

1 — Decisions of the Council shall be reached by consensus as far as possible. If consensus cannot be reached a decision shall be taken by a two-thirds majority of the weighted votes cast.

2 — The weighting of the individual votes of the Council shall be in accordance with annex A.

3 — Proposals to amend this Convention, including the annexes, shall be considered only if they are supported by at least 25 % of the total weighted votes of all Contracting Parties.

4 — For all decisions of the Council, a quorum must exist at the time when the decision is made which:

1) For decisions relating to amendments to the Convention and its annexes, is equivalent to at least two-thirds of the total weighted votes of all Contracting Parties;

2) For all other decisions, is equivalent to at least one half of die total weighted votes of all Contracting Parties.

5 — Observers to the Council may participate in the discussions but shall not have die right to vote.

Article 9

Head of Office and Staff

- 1 — The Head of Office shall act as the legal representative of the ERO and shall have the authority, within limits agreed by the Council, to enter into contracts on behalf of the ERO. The Head of Office may delegate this authority, in whole or in part, to the Deputy Head of Office.

2 — The Head of Office shall be responsible for the proper execution of all internal and external activities of the ERO in accordance with this Convention, the Headquarters Agreement, the work programme, the budget, and directives and guidelines given by the Council.

3 — A set of staff rules shall be established by the Council.

Article 10

Work programme

A work programme for the ERO covering a three year period shall\each year be established by the Council on the basis of a proposal from the ERC. The first year of this programme shall contain sufficient detail to enable the annual budget of die ERO to be established.

Article 11 Budgeting and accounting .

1 — The financial year of the ERO shall run from the 1st of January to the 31st of December following.

2 — The Head of Office shall be responsible for preparing the annual budget and annual accounts for the ERO and submitting them for consideration and approval as appropriate by the Council.

3 — The budget shall be prepared taking into account the requirements of the work programme established in accordance with article 10. The timetable for submiting and approving the budget, in advance of the year to which it applies, shall be determined by the Council.

4 — A set of detailed financial regulations shall be established by the Council. They shall inter alia, contain provisions about the timetable for the submission and approval of the annual accounts of die ERO and provisions concerning the audit of the accounts.

Article 12 Financial contributions

1 — The capital expenditure and the current operating expenses of die ERO, excluding costs related to Council meetings, shall be borne by the Contracting Parties, who shall share the costs on the basis of the contributory units in accordance with the table at annex A, which is an integral part of this Convention.

2 — This shall not preclude the ERO, after decision by the Council, from carrying out work for third parties on a cost-recovery basis.

3 — Costs related to Council meetings shall be borne by the Radiocommunications Regulatory Administration of the country in which the meeting takes place. Travel and subsistence expenses shall be borne by the authorities represented.