BWBV0001487
Geldig vanaf 08-01-2005
Artikel 7
Verdrag van Tampere inzake de levering van telecommunicatievoorzieningen voor rampenmitigatie en noodhulpoperaties
1. The States Parties may condition the provision of telecommunication assistance for disaster mitigation and relief upon agreement to pay or reimburse specified costs or fees, always bearing in mind the contents of paragraph 9 of this Article.
2. When such condition exists, the States Parties shall set forth in writing, prior to the provision of telecommunication assistance:
a) the requirement for payment or reimbursement;
b) the amount of such payment or reimbursement or terms under which it shall be calculated; and
c) any other terms, conditions or restrictions applicable to such payment or reimbursement, including, but not limited to, the currency in which such payment or reimbursement shall be made.
3. The requirements of paragraphs 2 b) and 2 c) of this Article may be satisfied by reference to published tariffs, rates or prices.
4. In order that the negotiation of payment and reimbursement agreements does not unduly delay the provision of telecommunication assistance, the operational coordinator shall develop, in consultation with the States Parties, a model payment and reimbursement agreement that may provide a foundation for the negotiation of payment and reimbursement obligations under this Article.
5. No State Party shall be obligated to make payment or reimbursement of costs or fees under this Convention without having first expressed its consent to the terms provided by an assisting State Party pursuant to paragraph 2 of this Article.
6. When the provision of telecommunication assistance is properly conditioned upon payment or reimbursement of costs or fees under this Article, such payment or reimbursement shall be provided promptly after the assisting State Party has presented its request for payment or reimbursement.
7. Funds paid or reimbursed by a requesting State Party in association with the provision of telecommunication assistance shall be freely transferable out of the jurisdiction of the requesting State Party and shall not be delayed or withheld.
8. In determining whether to condition the provision of telecommunication assistance upon an agreement to pay or reimburse specified costs or fees, the amount of such costs or fees, and the terms, conditions and restrictions associated with their payment or reimbursement, the States Parties shall take into account, among other relevant factors:
a) United Nations principles concerning humanitarian assistance;
b) the nature of the disaster, natural hazard or health hazard;
c) the impact, or potential impact, of the disaster;
d) the place of origin of the disaster;
e) the area affected, or potentially affected, by the disaster;
f) the occurrence of previous disasters and the likelihood of future disasters in the affected area;
g) the capacity of each State affected by the disaster, natural hazard or health hazard to prepare for, or respond to, such event; and
h) the needs of developing countries.
9. This Article shall also apply to those situations in which telecommunication assistance is provided by a non-State entity or intergovernmental organization, provided that:
a) the requesting State Party has consented to, and has not terminated, such provision of telecommunication assistance for disaster mitigation and relief;
b) the non-State entity or intergovernmental organization providing such telecommunication assistance has notified to the requesting State Party its adherence to this Article and Articles 4 and 5; and
c) the application of this Article is not inconsistent with any other agreement concerning the relations between the requesting State Party and the non-State entity or intergovernmental organization providing such telecommunication assistance.
2. When such condition exists, the States Parties shall set forth in writing, prior to the provision of telecommunication assistance:
a) the requirement for payment or reimbursement;
b) the amount of such payment or reimbursement or terms under which it shall be calculated; and
c) any other terms, conditions or restrictions applicable to such payment or reimbursement, including, but not limited to, the currency in which such payment or reimbursement shall be made.
3. The requirements of paragraphs 2 b) and 2 c) of this Article may be satisfied by reference to published tariffs, rates or prices.
4. In order that the negotiation of payment and reimbursement agreements does not unduly delay the provision of telecommunication assistance, the operational coordinator shall develop, in consultation with the States Parties, a model payment and reimbursement agreement that may provide a foundation for the negotiation of payment and reimbursement obligations under this Article.
5. No State Party shall be obligated to make payment or reimbursement of costs or fees under this Convention without having first expressed its consent to the terms provided by an assisting State Party pursuant to paragraph 2 of this Article.
6. When the provision of telecommunication assistance is properly conditioned upon payment or reimbursement of costs or fees under this Article, such payment or reimbursement shall be provided promptly after the assisting State Party has presented its request for payment or reimbursement.
7. Funds paid or reimbursed by a requesting State Party in association with the provision of telecommunication assistance shall be freely transferable out of the jurisdiction of the requesting State Party and shall not be delayed or withheld.
8. In determining whether to condition the provision of telecommunication assistance upon an agreement to pay or reimburse specified costs or fees, the amount of such costs or fees, and the terms, conditions and restrictions associated with their payment or reimbursement, the States Parties shall take into account, among other relevant factors:
a) United Nations principles concerning humanitarian assistance;
b) the nature of the disaster, natural hazard or health hazard;
c) the impact, or potential impact, of the disaster;
d) the place of origin of the disaster;
e) the area affected, or potentially affected, by the disaster;
f) the occurrence of previous disasters and the likelihood of future disasters in the affected area;
g) the capacity of each State affected by the disaster, natural hazard or health hazard to prepare for, or respond to, such event; and
h) the needs of developing countries.
9. This Article shall also apply to those situations in which telecommunication assistance is provided by a non-State entity or intergovernmental organization, provided that:
a) the requesting State Party has consented to, and has not terminated, such provision of telecommunication assistance for disaster mitigation and relief;
b) the non-State entity or intergovernmental organization providing such telecommunication assistance has notified to the requesting State Party its adherence to this Article and Articles 4 and 5; and
c) the application of this Article is not inconsistent with any other agreement concerning the relations between the requesting State Party and the non-State entity or intergovernmental organization providing such telecommunication assistance.
- Citeren als
- Art. 7
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0001487
- Officiële bron
- wetten.overheid.nl