Document governing the Constitution ITU

INSTRUMENT AMENDING THE CONSTITUTION

OF THE INTERNATIONAL

TELECOMMUNICATION UNION

(GENEVA, 1992)

as amended

by the Plenipotentiary Conference (Kyoto, 1994),
by the Plenipotentiary Conference (Minneapolis, 1998),
by the Plenipotentiary Conference (Marrakesh, 2002)
and

by the Plenipotentiary Conference (Antalya, 2006)

Amendments adopted

by the Plenipotentiary Conference (Guadalajara, 2010)

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Document amending the Constitution ITU

Explanatory notes

Symbols used in the Final Acts

The symbols given in the margin indicate changes adopted by the Plenipotentiary Conference (Guadalajara, 2010) in relation to the texts of the Constitution and Convention (Geneva, 1992) as amended by the Plenipotentiary Conference (Kyoto, 1994), by the Plenipotentiary Conference (Minneapolis, 1998), by the Plenipotentiary Conference (Marrakesh, 2002)
and by the Plenipotentiary Conference (Antalya, 2006), and have the following meaning:


ADD	=	addition of a new provision
MOD	=	modification of an existing provision
(MOD)	=	editorial modification of an existing provision
SUP	=	deletion of an existing provision
SUP*	=	provision moved to another place in the Final Acts
ADD*	=	an existing provision moved from another place in the Final Acts to the place indicated

These symbols are followed by the number of the existing provision. For new provisions (symbol ADD), the point at which they are to be inserted is shown by the number
of the preceding provision, followed by a letter.

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Document amending the Constitution ITU

CONSTITUTION

OF THE INTERNATIONAL TELECOMMUNICATION UNION*

(GENEVA, 1992)

PART I. Foreword

By virtue of and in implementation of the relevant provisions of the Constitution
of the International Telecommunication Union (Geneva, 1992), as amended
by the Plenipotentiary Conference (Kyoto, 1994), by the Plenipotentiary Conference (Minneapolis, 1998), by the Plenipotentiary Conference (Marrakesh, 2002)
and by the Plenipotentiary Conference (Antalya, 2006), in particular those in Article 55 thereof, the Plenipotentiary Conference of the International Telecommunication Union (Guadalajara, 2010) has adopted the following amendments to the said Constitution:

CHAPTER V

Other Provisions Concerning the Functioning

of the Union


ARTICLE 28 Finances of the Union
MOD 165 PP-98	5 When choosing its class of contribution, a Member State shall not reduce it by more than 15 per cent of the number of units chosen by the Member State for the period preceding the reduction, rounding down to the nearest lower number of units in the scale, for contributions of three or more units; or by more than one class of contribution, for contributions below three units. The Council shall indicate to it the manner in which the reduction shall be gradually implemented over the period between plenipotentiary conferences. However, under exceptional circumstances such as natural disasters necessitating international aid programmes, the Plenipotentiary Conference may authorize a greater reduction in the number of contributory units when so requested by a Member State which has established that it can no longer maintain its contribution at the class originally chosen.

___________________________________________________________________________

* The language used in the basic instruments of the Union (Constitution and Convention)
is to be considered as gender neutral.

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Document amending the Constitution ITU

PART II.

Date of entry into force

The amendments contained in the present instrument shall, as a whole and in the form of one single instrument, enter into force on 1 January 2012 between Member States being at that time parties to the Constitution and the Convention of the International Telecommunication Union (Geneva, 1992), and having deposited before that date their instrument of ratification, acceptance or approval of, or accession to, the present amending instrument.

____________________

IN WITNESS WHEREOF, the respective plenipotentiaries have signed the original
of the present instrument amending the Constitution of the International Telecommunication Union (Geneva, 1992), as amended by the Plenipotentiary Conference (Kyoto, 1994),
by the Plenipotentiary Conference (Minneapolis, 1998), by the Plenipotentiary Conference (Marrakesh, 2002) and by the Plenipotentiary Conference (Antalya, 2006).

Done at Guadalajara, 22 October 2010

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Reservations delegation signed with the Slovak Republic


No. of reservation	Text
23	The delegations of the Member States of the European Union declare that the Member States of the European Union will apply the Instruments adopted by the Plenipotentiary Conference (Guadalajara, 2010) in accordance with their obligations under the Treaty on the European Union and the Treaty on functioning of the European Union.
39	At the time of signing the Final Acts of the Plenipotentiary Conference (Guadalajara, 2010), the delegations of the mentioned countries formally declare that they maintain the declarations and reservations made by their countries when signing the Final Acts of previous treaty-making conferences of the Union as if they were made in full at this Plenipotentiary Conference.
85	The delegations of the above-mentioned States, referring to the declaration made by Mexico (No. 70), inasmuch as these and any similar statements refer to the Bogotá Declaration of 3 December 1976 by equatorial countries and to the claims of those countries to exercise sovereign rights over segments of the geostationary-satellite orbit, or to any related claims, consider that the claims in question cannot be recognized by this conference. The above-mentioned delegations also wish to state that the referencing Article 44 of the Constitution to the "geographical situation of particular countries" does not imply recognition of a claim to any preferential rights to the geostationary-satellite orbit.

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