7 DE SETEMBRO DE 1995

971

arbitrale est définitive, engage toutes les parties en litige et ne peut faire l'objet d'aucun recours. Les parties exécutent la sentence arbitrale sans délai. En cas de différend quant à son interprétation ou à sa portée, le tribunal arbitral l'interprète â la demande de l'une des parties au litige.

CONVENTION FOR THE ESTABLISHMENT OF THE EUROPEAN RADIOCOMMUNICATIONS OFFICE (ERO)

The States Parties to this Convention, hereinafter refer-' red to as the «Contracting'Parties»:

Acknowledging the growing demand on the radio frequency spectrum and the need to make the most efficient use of this scarce natural resource;

Underlining therefore that the current mechanisms set up by the European Conference of Postal and Telecommunications Administrations, hereinafter referred to as the «CEPT», should be strengthened and equipped with the necessary permanent resources to undertake longrterm analyses of frequency requirements aiming at promoting the most efficient use of the frequency spectrum, taking timely account of service and user requirements against the background of industrial development and the development of standards;

Determined to establish a permanent non-profit-making institution, to assist the European Radiocommunications Committee of CEPT, hereinafter referred to as the «ERC», with its tasks relating to the development of radiocommunications policies and the coordination of frequency regulatory ant technical matters concerning radio-communications, including space communica- ' tions; . '

have agreed as follows:

Article 1 Establishment of ERO

1 —A European Radiocommunications Office, hereinafter referred to as the «ERO», is hereby established.

2— The Headquarters of the ERO shall be in Copenhagen, Denmark.

Article 2 Purpose of the ERO

The ERO shall be a centre of expertise in radiocommunications to assist and advise the ERC. ;

Article 3

Functions of the ERO .

1 — The functions of the ERO shall be:

\) To provide a centre of expertise which shall act as a focal point, identifying problem areas and new possibilities in the radiocommunications field and to advise the ERC accordingly;

2) To draft long-term plans -for future use of the radio frequency spectrum on a European level",

3) To liaise with the national frequency management authorities;

4) To coordinate actions and provide guidance for research studies;

5)' To conduct consultations on specific topics or parts of the frequency spectrum;

6) To assist the ERC or its Working Groups in the arrangement of specific consultation meetings;

7) To apply criteria for attendance at consultation ' . meeting's;,

8) To maintain a record of important ERC actions and of the implementation Of relevant CEPT Recommendations and Decisions;

J 9) To provide the ERC with status reports at regular intervals; and 10) To liaise with the European Communities and with European Free Trade Association.

2 — In carrying out the above functions related to consultation meetings, the ERO shall develop, and maintain up-to-date procedures designed to enable organizations in Europe with a relevant interest in the use of radiocommunications — including government departments, public radiocommunications operators, manufacturers, users and private network operators, service providers, research establishments and standards-making bodies or organizations representing groups of such parties — to subscribe to relevant information on a regular basis and to participate in these consultation meetings in an equitable manner having regard to their particular interests.

3 — In addition to the functions mentioned in paragraph 1 the ERO shall organize, normally on an annual basis, a meeting open.to organizations mentioned in paragraph 2 to provide an opportunity to discuss the activities and the future work programmes of the ERC and the ERO.

Article 4 Legal status and privileges

1 — The ERO shall have legal personality. The ERO shall enjoy full capacity necessary for the exercise of its functions and the achievement of its purposes, and may in particular:

1) Enter into contracts;

2) Acquire, lease, hold and dispose of movable and immovable property;

3) Be a party to legal proceedings; and

4) Conclude agreements with States or international organizations.

2 — The Head of Office and the Staff of the ERO shall have privileges and immunities in Denmark as defined in ah Agreement concerning the Headquarters of the ERO between tiie ERO and the Government of Denmark.

3 — Other countries may grant similar privileges and immunities in support of the ERO's activities in such countries, in particular with regard to immunity from legal process in respect of words spoken and written and all acts performed'by the Head of Office and the Staff of the ERO in their official capacity.

Article 5 •„ Organs of the ERO

The ERO shall consist of a Council and a Head of Office, assisted by a Staff.