Resolução da Assembleia da República n.º 12/2019
Resolução da Assembleia da República n.º 12/2019
Aprova as Emendas à Convenção da Organização Internacional de Comunicações Móveis Via Satélite, adotadas pela 20.ª Sessão da Assembleia da IMSO, realizada em Malta, em 2 de outubro de 2008.
A Assembleia da República resolve, nos termos da alínea i) do artigo 161.º e do n.º 5 do artigo 166.º da Constituição, aprovar as Emendas à Convenção da Organização Internacional de Comunicações Móveis Via Satélite (IMSO), adotadas pela 20.ª Sessão da Assembleia da IMSO, realizada em Malta, em 2 de outubro de 2008, cujo texto, na versão autenticada na língua inglesa e respetiva tradução para a língua portuguesa, se publica em anexo.
Aprovada em 7 de dezembro de 2018.
O Presidente da Assembleia da República, Eduardo Ferro Rodrigues.
AMENDMENTS TO THE CONVENTION ON THE INTERNATIONAL MOBILE SATELLITE ORGANIZATION ADOPTED AT THE TWENTIETH SESSION OF THE ASSEMBLY
The second paragraph of the Preamble is replaced by the following text:
"Considering also the relevant provisions of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, concluded on 27 January 1967, and in particular article 1, which states that outer space shall be used for the benefit and in the interests of all countries."
The fourth and fifth paragraphs of the Preamble are replaced by the following text:
"Bearing in mind that the International Maritime Satellite Organization (INMARSAT) has, in accordance with its original purpose, established a global mobile satellite communications system for maritime communications, including distress and safety communications capabilities which are specified in the International Convention for the Safety of Life at Sea, 1974, as amended from time to time, and the Radio Regulations specified in the Constitution and the Convention of the International Telecommunication Union, as amended from time to time, as meeting certain radiocommunications requirements of the Global Maritime Distress and Safety System (GMDSS);
Recalling that INMARSAT has extended its original purpose by providing aeronautical and land mobile satellite communications, including aeronautical satellite communications for air traffic management and aircraft operational control (aeronautical safety services), and is also providing radiodetermination services;"
The sixth, seventh and eighth paragraphs of the Preamble are deleted.
The following new text is added as the sixth, seventh, eighth, ninth and tenth paragraphs of the Preamble:
"Recalling further that in December 1994 the Assembly decided to replace the name 'International Maritime Satellite Organization (INMARSAT)' with 'International Mobile Satellite Organization (Inmarsat)', and that, although these amendments did not enter formally into force, the name International Mobile Satellite Organization (Inmarsat) was used thereafter, including in the restructuring documentation;
Recognizing that, in the restructuring of the International Mobile Satellite Organization, its assets, commercial operations and interests were transferred without restriction to a new commercial company, Inmarsat Ltd., while the continued provision of the GMDSS and adherence to the other public interests by the company have been secured by a mechanism for intergovernmental oversight by the International Mobile Satellite Organization (IMSO);
Acknowledging that, by adopting IMO Assembly Resolution A.888(21), 'Criteria for the Provision of Mobile-Satellite Communication Systems in the Global Maritime Distress and Safety System (GMDSS)', the International Maritime Organization (IMO) has recognized the need for IMO to have in place criteria against which to evaluate the capabilities and performance of mobile satellite communication systems, as may be notified to IMO by Governments for possible recognition for use in the GMDSS;
Acknowledging further that IMO has developed a 'Procedure for the Evaluation and Possible Recognition of Mobile-Satellite Systems Notified for Use in the GMDSS';
Acknowledging also the desire of Parties to promote the growth of a pro-competitive market environment in the current and future provision of mobile satellite communications systems services for the GMDSS;"
The ninth paragraph of the Preamble is replaced by the following text, as the eleventh paragraph:
"Affirming that, under such circumstances, there is a need to ensure continuity in the provision of the GMDSS through intergovernmental oversight;"
The following text is added as the twelfth, thirteenth and fourteenth paragraphs of the Preamble:
"Acknowledging that IMO, through the Maritime Safety Committee (MSC) at its eighty-first session, adopted amendments to chapter v of the International Convention for the Safety of Life at Sea, 1974 relating to the long-range identification and tracking of ships (LRIT), adopted performance standards and functional requirements for LRIT, and adopted arrangements for the timely establishment of the LRIT system;
Affirming the willingness of Parties that IMSO may assume the functions and duties of the LRIT Co-ordinator, at no cost to Parties, in accordance with decisions of IMO, subject to the terms of this Convention;
Acknowledging that the MSC, at its eighty-second session, decided to appoint IMSO as the LRIT Co-ordinator and invited IMSO to take whatever action it could in order to ensure the timely implementation of the LRIT system;"
Article 1 (Definitions), sub-paragraph b), is renumbered c) and is replaced by the following text:
"c) 'Provider' means any entity or entities, which, through a mobile satellite communications system recognized by IMO, provides services for the GMDSS."
Sub-paragraph c) is renumbered d).
Sub-paragraph d) is renumbered e) and is replaced by the following text:
"e) 'Public Services Agreement' means an Agreement executed by the Organization and a Provider, as referred to in article 5 (1)."
Sub-paragraph e) is renumbered b) and is replaced by the following text:
"b) 'GMDSS' means the Global Maritime Distress and Safety System as established by IMO."
The following text is included as new sub-paragraphs f) to l):
"f) 'IMO' means the International Maritime Organization;
g) 'MSC' means the Maritime Safety Committee of IMO;
h) 'LRIT' means the long-range identification and tracking of ships as established by IMO;
i) 'LRIT Services Agreement' means an Agreement executed by the Organization and either an LRIT Data Centre or an LRIT Data Exchange, or other relevant entities, as referred to in article 7;
j) 'LRIT Data Centre' means a national, regional, co-operative or international data centre operating in conformity with requirements adopted by IMO in relation to LRIT;
k) 'LRIT Data Exchange' means a data exchange operating in conformity with requirements adopted by IMO in relation to LRIT;
l) 'LRIT Co-ordinator' means the Co-ordinator for the LRIT system appointed by the MSC."
Article 2 (Establishment of the Organization) is replaced by the following text:
"The International Mobile Satellite Organization (IMSO), herein referred to as 'the Organization', is hereby established."
Article 3 (Purpose) is replaced by the following text:
1 - The Primary Purpose of the Organization is to ensure the provision, by each Provider, of maritime mobile satellite communications services for the GMDSS according to the legal framework set up by IMO.
2 - In implementing the Primary Purpose set out in paragraph 1, the Organization shall:
a) Act exclusively for peaceful purposes; and
b) Perform the oversight functions in a fair and consistent manner among Providers."
A new article 4 (Other Functions) is inserted, as follows:
1 - Subject to the decision of the Assembly, the Organization may assume functions and/or duties of LRIT Co-ordinator, at no cost to Parties, in accordance with the decisions of IMO.
2 - The Organization shall continue to perform the functions and/or duties of LRIT Co-ordinator, subject to the decision of the Assembly. In performing such functions and/or duties, the Organization shall act in a fair and consistent manner."
Article 4 (Implementation of Basic Principles) is replaced by the following new article 5 (Oversight of the GMDSS) and article 6 (Facilitation):
Oversight of the GMDSS
1 - The Organization shall execute a Public Services Agreement with each Provider, and shall conclude such other arrangements as may be necessary to enable the Organization to perform its oversight functions, and to report as well as make recommendations, as appropriate.
2 - Oversight of Providers by the Organization shall be based on:
a) Any specific conditions or obligations imposed by IMO during, or at any stage after, the recognition and authorization of the Provider;
b) Relevant international regulations, standards, recommendations, resolutions and procedures relating to the GMDSS;
c) The relevant Public Services Agreement and any other related arrangements concluded between the Organization and the Provider.
3 - Each Public Services Agreement shall include, inter alia, general provisions, common principles and appropriate obligations for the Provider in accordance with a Reference Public Services Agreement and guidelines developed by the Assembly, including arrangements for the provision of all the information necessary for the Organization to fulfil its purpose, functions and duties, consistent with article 3.
4 - All Providers shall execute Public Services Agreements which shall also be executed by the Director General on behalf of the Organization. Public Services Agreements shall be approved by the Assembly. The Director General shall circulate the Public Services Agreements to all Parties. Such Agreements shall be considered approved by the Assembly unless more than one-third of the Parties submit written objections to the Director General within three months from the date of circulation.
1 - Parties shall take appropriate measures, in...
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