Decree no. 2-A/2004, of 16 January

Published in the D.R. no. 13 (Series I-A), of 16 of January

The International Telecommunications Union (ITU) is the oldest governmental international organization, established in 1865, having become in 1947 a specialized agency of the United Nations.

Portugal was one of the founding members of the ITU and has participated intensively in its work, having ratified all its instruments. Within the scope of activities of the Radiocommunications Sector of the International Telecommunications Union, world conferences take place on a regular basis, dealing with specific radiocommunications issues of the regions concerned.

In 1995, the World Radiocommunications Conference was held in Geneva (WRC 95). At this Conference, the Final Acts that comprise the revision of the Radiocommunications Regulation of the International Telecommunications Union were approved (approved by Decree no. 39-A/92 of 1 October) as well as the Final Protocol with the declarations stated at the moment of the signature of the Final Acts.

Having regard to the affirmative vote from Portugal, expressed at the World Radiocommunications Conference of the ITU, of 1995, concerning the adoption of the above-mentioned statutory instruments, the approval thereof by the Portuguese State is deemed necessary.

Therefore:

Pursuant to point c) of paragraph 1 and to paragraph 2 of article 197 of the Constitution, the Government hereby decrees the following:

1. The Final Acts of the World Radiocommunications Conference of 1995 are hereby approved, comprising the revision of the Radiocommunications Regulation of the International Telecommunications Union as well as the Final Protocol with the declarations stated at the moment of the signature of the Final Acts, the text of which are published in annex to this decree, in the authentic version in the French language and respective translation to Portuguese.

2. The following declarations are hereby made as regards the text of the referred Final Acts:

a) The Member States of the European Union declare that they shall apply the revision of the Radiocommunications Regulations adopted by the World Radiocommunications Conference (Geneva, 1995), according with their obligations, in compliance with the Treaty that establishes the European Economic Community;

b) Portugal declares that its agreement to Resolution 118 (WRC-95) is given where it is explicitly understood that the application of the provisions of the mentioned resolution shall not have any injurious retroactive effect on geostationary-satellite systems and networks, whether under coordination, coordinated, notified or registered. Particularly, Portugal shall only accept ?Decision 2? in the wording of ?Decision 3? of this resolution, being understood that the geostationary-satellite systems and networks notified or registered before 18 November 1995 shall remain in line with provision no. 2613 of the Radiocommunications Regulation, as regards geostationary systems under coordination, coordinated, notified or registered before 18 November 1995, that is, there shall be no alteration as far as the respective rights and obligations are concerned. The relationship, that is, the ?respective situation?, as referred to in ?Decision 3? of the mentioned Resolution, between the above-mentioned satellite systems and networks, shall continue to comply with provisions of articles 11 and 13 of the Radiocommunications Regulation (1990 edition, revised in 1994). Thus, the relationship shall remain unchanged and shall not be affected by this resolution;

c) Portugal formally declares that any interpretation contrary to the above shall be deemed null and void and shall not be binding on the Portuguese Government or Administration;

d) Portugal reserves the right to take all measures deemed necessary to safeguard its interests as regards the above-mentioned matter.

Checked and approved at the Council of Ministers of 26 June 2003. ? José Manuel Durão Barroso ? António Manuel de Medonça Martins da Cruz - Carlos Manuel Tavares da Silva.

Promulgated on 6 August 2003.
Let it be published.
The President of the Republic, JORGE SAMPAIO.
Counter-signed on 8 August 2003.
The Prime Minister, José Manuel Durão Barroso.

 Decree no. 2-A/2004, of 16 January
(The information provided belongs to DR)