Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 661

EXHIBITS re #660 Administrative Motion to File Under Seal Apple Inc.'s Notice of Motion and Motion for Partial Summary Judgment Exhibits to Mueller Declaration ISO Apple's Motion for Partial Summary Judgment [660-9] filed byApple Inc.(a California corporation). (Attachments: #1 Exhibit Mueller Decl Exhibit 2, #2 Exhibit Mueller Decl Exhibit 3, #3 Exhibit Mueller Decl Exhibit 4, #4 Exhibit Mueller Decl Exhibit 5, #5 Exhibit Mueller Decl Exhibit 6, #6 Exhibit Mueller Decl Exhibit 7, #7 Exhibit Mueller Decl Exhibit 8, #8 Exhibit Mueller Decl Exhibit 9, #9 Exhibit Mueller Decl Exhibit 10, #10 Exhibit Mueller Decl Exhibit 11, #11 Exhibit Mueller Decl Exhibit 12, #12 Exhibit Mueller Decl Exhibit 13, #13 Exhibit Mueller Decl Exhibit 14, #14 Exhibit Mueller Decl Exhibit 15, #15 Exhibit Mueller Decl Exhibit 16, #16 Exhibit Mueller Decl Exhibit 17, #17 Exhibit Mueller Decl Exhibit 18, #18 Exhibit Mueller Decl Exhibit 19, #19 Exhibit Mueller Decl Exhibit 20, #20 Exhibit Mueller Decl Exhibit 21, #21 Exhibit Mueller Decl Exhibit 22, #22 Exhibit Mueller Decl Exhibit 23, #23 Exhibit Mueller Decl Exhibit 24)(Related document(s) #660 ) (Selwyn, Mark) (Filed on 1/25/2012)

Mueller Exhibit 1

ETSI
Directives
Version 001
March 1988

APLNDC-WH-A0000022804

Page 2
ETSI Directives - Version 001 - March 1988

Contents
Foreword

3

Statutes of the European Telecommunications Standards Institute

.4

Rules of Procedure of the European Telecommunications Standards Institute

13

History of the ETSI Directives

50

APLNDC-WH-A0000022805

Page 3
ETSI Directives - Version 001 - March 1988

Foreword
These ETSI Directives contain the following individual documents:
•

ETSI Statutes;

•

ETSI Rules of Procedure (RoP);

ETSI members can find all versions of the Directives at:
http://docbox.etsi.org//Board/ETSI Directives/
ETSI has numerous guideline documents supporting the ETSI Directives available from various
locations on the ETSI web site. Currently, the easiest way to locate these documents is to go the ETSI
portal home page (http://portal.etsi.org) and then go to the "ETSI rules and legal info." section of the
Services Index where you will find a series of links to the guideline documents.

APLNDC-WH-A0000022806

Page 4
ETSI Directives - Version 001 - March 1988

Statutes of the
European Telecommunications Standards Institute
Version approved by General Assembly #01
on 29-30 March 1988

APLNDC-WH-A0000022807

European Telecommunications

Doc.

GA

1(88)

1 ~

Standards Institute (ETSI)
General Assembly,

29-30 March 1988

Statutes
of the European Telecommunications
Standards Institute

(2867U)

APLNDC-WH-A0000022808

STATUTES OF THE EUROPEAN TELECOMMUNICATIONS STANDARDS INSTITUTE
ARTICLE 1
In accordance with the French law of 1 July 1901 and the decree of 16
August 1901, an association is founded by the signatories to these present
statues.

The Association thus formed shall have the title
"EUROPEAN TELECOMMUNICATIONS STANDARDS INSTITUTE" and may be known by
the acronym "ETS I" and herei nafter referred to as the Institute.
The European Telecommunications Standards Institute shall be non-profit:'
.
making but shall not be otherwise debarred from trading.
'

ARTICLE 2: PURPOSE
The objective of the Institute is to produce the technical standards which
are necessary to achieve a large unified European telecommunications
market.
The objective of the Institute may be achieved by any means. The
Institute may carry out any action relating directly or indirectly, wholly
or in part, to its objective or which may develop or facilitate the
achievement of its objective.

ARTICLE 3: ACTIVITIES
The principal role of the Institute shall be technical pre-standarisation
and standardisation at the European level in the following fields:
Telecommunications

APLNDC-WH-A0000022809

Areas common to telecommunications and information technology subject
to decisions by the IT Steering Committee (ITSTC)
Areas common to telecommunications and sound and TV broadcasting in
co-operation with other concerned organisations such as the European
Broadcasting Union.
The activities af the .Institute shall build upon worldwide standards,
existing or in preparation, and furthermore will contribute to the
production of harmonised new worldwide standards in the same fields.

ARTICLE 4: HEADQUARTERS
The headquarters of the Institute shall be located in
SOPHIA-ANTIPOLIS, VALBONNE (Alpes Maritimes).
The headquarters may be transferred to any other location by decision of
the General Assembly.

ARTICLE 5: DURATION
The duration of the Institute is unlimited.

ARTICLE 6: MEMBERSHIP
6.1

Subjec~

to Article 6.3 below Members of the Institute may be:

Administrations
Public Network Operators
Manufacturers
Users including Private service providers offering services
to the public

APLNDC-WH-A0000022810

Research bodies.
6.2

Members may participate individually and/or grouped in national or
European organisations.

6.3

All the members must be established on the territory of a country
falling within the geographical area of the European Conference of
Posts and Telecommunications Administrations (CEPT) and must
demonstrate their interest in European standardisation in the
field of telecommunications by compliance with these statutes
and the Rules of Procedure (envisaged in Article 16 below).

ARTICLE 7: ADMISSION TO MEMBERSHIP
The conditions for admission to the Institute are governed by the General
Assembly. Membership of the Institute must be agreed by the General
Assembly.

ARTICLE 8: TERMINATION OF MEMBERSHIP
Membership will be terminated by dissolution or abolition, by resignation
or exclusion.
Exclusion will be decided by the General Assembly for non-payment of
contribution or for serious reasons, the party concerned having been
previously invited, by registered letter, to appear before the General
Assembly to furnish an explanation.

ARTICLE 9: RESOURCES
The funds of the Institute can be obtained from:
subscriptions from members
grants

APLNDC-WH-A0000022811

revenue from its assets
sums received in return for services provided by the Institute
any other resources authorised by the legislative and regulatory
instruments.

ARTICLE 10: STRUCTURE
The Institute shall comprise a General Assembly, a Secretariat headed by a
director, a Technical Assembly, Technical Committees and Project Teams.

ARTICLE 11: GENERAL ASSEMBLY
11.1

Save for the provisions of article 15.2 below the General Assembly
is the highest authority of the Institute. It is founded
pennanent'ly by the members and shall be representative of all of
the members.

11.2

It is the authority to make or ratify the acts concerning the
Institute subject to the provisions of Article 15 below. Its
resolutions taken in accordance with the present Statutes or the
Rules of Procedure shall be mandatary for all members.

11.3

Representatives from the European Economic Community (EEC) and
from t~e European Free Trade Association (EFTA) shall have-a
special status as "counsellors".

11.4

Representatives of organisations concerned with ,telecommunications
may, by invitation, attend meetings of the General Assembly as
observers.

APLNDC-WH-A0000022812

ARTICLE 12: OROrNARY GENERAL ASSEMBLY
The General Assembly shall meet at least twice a year in ordinary
session.
At least thirty days before the due date, the members of the Institute
will be given notice of the meeting by the Director. A draft agenda will be
included with the calling notice.
The Chairman who is chosen by the General Assembly and assisted by one or
more Vice Chairmen shall preside over the Assembly and put forward the
situation of the Association.
The Director will give an account of the management and finances of the
Institute and will annually present the balance sheet for the approval of
the General Assembly.
Only matters included on the agenda shall be considered at meetings of the
General Assembly.

ARTICLE 13: EXTRAORDINARY GENERAL ASSEMBLY
An extraordinary General Assembly may be called by the Chairman. It shall
be convened if at least one third of the members so request. A minimum of
15 days notice shall be given for an Extraordinary Meeting.

ARTICLE 14: SECRETARIAT
14.1

The Director and Deputy Director are appointed by the General
Assembly. They shall be ex-officio non-voting members of the
General Assembly and the Technical Assembly.

14.2

The Director shall be the legal representative of the Institute.
He shall hold Chief Executive authority in all matters, apart from
those which are expressly reserved for the General Assembly and

APLNDC-WH-A0000022813

,><

.

the Technical Assembly in these Statutes, to manage and administer
the affairs of the Institute.
14.3

The Director may temporarily delegate all or part of his
responsibilities to the Deputy Director.

ARTICLE 15: THE TECHNICAL ASSEMBLY
15.1

The Technical Assembly comprises of members of the Institute.

15.2

The Technical Assembly is the highest authority within the
Institute for the production and approval of technical standards,
elaborated by itself and its technical bodies. It has the powers
to approve the technical work programme, to determine priorities
and to give guidance to the Director upon the work to be
undertaken.

15.3

Representatives from the European Economic Community (EEC) and
from the European Free Trade Association (EFTA) shall have a
special status as "Counsellors".

15.4

Representatives of organisations concerned with telecommuncations
may, by invitation, attend meetings of the Technical Assembly as
<observers.

ARTICLE 16: RULES OF PROCEDURE
Internal Rules of Procedure of the Institute shall be adopted by the
General Assembly. The Rules of Procedure shalT establish the various
points which are not provided for in these Statutes, notably those
concerning the internal administration of the Institute.

APLNDC-WH-A0000022814

ARTICLE 17: RELATIONSHIP TO OTHER BODIES
The Institute shall operate on the basis that the Telecommunications
Commission of the CEPT will have devolved its regular standards-making
policy and recommendation approval powers to the Institute. It is
incumbent upon the Institute to establish close working relationships with
other European standards bodies.

ARTICLE 18: AUDITOR
The General Assembly shall annually appoint an auditor.
determine the annual remuneration of the auditor.

It shall

ARTICLE 19: AMENDMENTS TO THESE STATUTES AND THE RULES OF PROCEDURE
These Statutes and Rules of Procedure may only be amended by decision
taken in the General Assembly.

ARTICLE 20: DISSOLUTION, WINDING UP
In the event of a voluntary dissolution of the Institute, the General
Assembly which had decided the dissolution shall at the same time fix the
terms of liquidation, will appoint one or more liquidators to dispose of
the assets of the Institute, will determine their powers and assign any
remaining assets after payment of the liabilities. Any balance of
liabilities shall be borne by the members.

APLNDC-WH-A0000022815

Page 13
ETSI Directives - Version 001 - March 1988

Rules of Procedure of the
European Telecommunications Standards Institute
Version approved by General Assembly #01
on 29-30 March 1988

APLNDC-WH-A0000022816

jI

ETS/

RULES OF PROCEDURE
OF THE
EUROPEAN TELECOMMUNICATIONS STANDARDS INSTITUTE
ETSI

(Copenhagen,

1988 .11.10/3027U/ jby/HJK)

APLNDC-WH-A0000022817

TABLE OF CONTENTS

ARTICLE
PREAMBLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE

ANNEX
ANNEX
ANNEX
ANNEX
ANNEX

1
2
3
4

5

1.

1 - MEMBERSHIP
2 - STRUCTURE
3 - GENERAL ASSEMBLY
4 - DIRECTOR AND DEPUTY DIRECTOR
5 - SECRETARIAT
6 - TECHNICAL ASSEMBLY
7 - CHAIRMANSHIP AND VICE CHAIRMANSHIP OF THE GENERAL
ASSEMBLY AND TECHNICAL ASSEMBLY
8 - TECHNICAL COMMITTEES
9 - PROJECT TEAMS
10 - FINANCIAL YEAR
11 - FINANCE
12 - VOTING
13 - QUORUM AND PROXY VOTING
14 - ELABORATION, APPROVAL AND IMPLEMENTATION
OF STANDARDS
15 - RELATIONSHIP OF THE INSTITUTE TO OTHER BODIES
16 - TRAN SI TION PERIOD
17 - REVIEW OF ACTIVITIES
18 - OFFICIAL LANGUAGES
19 - LITIGATION
20 - AMENDMENTS TO THE RULES OF PROCEDURE

4
4

7
9

10
12

13
14

15
15

17
19
19
24
24
25
25
26

26

DEFINITIONS OF MEMBERS OF THE INSTITUTE
CONTRIBUTION TO THE COMMON OPERATING COSTS
CONTRIBUTIONS TO THE AGREED WORK PROGRAMME
NATIONAL WEIGHTED VOTES
LIST OF ABBREVIATIONS

(Copenhagen, 1988.11.10/3027U/jby/MJK)

APLNDC-WH-A0000022818

-

1 -

PREAMBLE
These Rules of Procedure must be read in
conjunction with the Statutes of the European
Telecommunications Standards Institute, hereinafter
referred to as the Institute.
ARTICLE 1 - MEMBERSHIP
1.1.

Conditions for membership, observer status and
counsellor status

1.1.1.

Administrations, public network operators,
manufacturers, users including private service
prOViders offering services to the public and
research bodies who belong to a country falling
within the geographical area of the CEPT and who
demonstrate their interest in European
standardisation efforts in the field of
telecommunications, may become members of the
Institute. National and European organisations
concerned with telecommunications may also become
members of the Institute.

1.1.2.

In relation to membership, definitions of
administrations, pUblic network operators,
manufacturers, users, private service providers,
research bodies and organisations are given in
Annex 1.

1.1.3.

Membership of the Institute cannot be obtained by:
-supranational organisations such as EEC and EFTA,
-organisations from outside the geographical area
covered by the CEPT or
-worldwide organisations.

(Copenhagen. 1988.1l.l0/3027U/jby/MJK)

APLNDC-WH-A0000022819

-

1.1.4.

2 -

Members may participate individually or grouped on
a national or European basis.
National organisations which combine the functions
of national ad~inistrations and network operators,
may apply for membership in both of the two
categories provided that each membership is
separately represented.

1.1.5.

Members of the Institute have the right to
participate directly in the work of the Institute
by attending meetings of the two Assemblies and by
allocating experts to the Technical Committees and
by proposing experts to the Project Teams.

1.1.6.

The Institute may have observers.
Observer status may be obtained by European
organisations entitled to become members, but who
do not wish to do so, and by European organisations
concerned with telecommunications who are not
entitled to become members.
Non European organisations concerned with
telecommunications may be invited to participate as
observers in the Technical Assembly and in the
meetings of the Technical Committees.

*)

Throughout this document, "European" means from a country
falling within the geographical area of the CEPT.

(Copenhagen, 1988.ll.10J3027UJjby/MJK)

APLNDC-WH-A0000022820

- 3 Observers may attend the meetings of the two
Assemblies of the Institute with the right to speak
but without the right to vote.
1.1.1.

The counsellors mentioned in paragraph 11.3 of the
Statutes of the Institute may attend the meetings
of the two Assemblies with the right to speak but
without the right to vote.

1. 2.

Admission to membership

1.2.1.

Application for membership shall be made in writing
to the Director.

1.2.2.

The conditions for admission to the Institute are
governed by the General Assembly.
Membership of the Institute must be agreed by the
General Assembly.

1. 3.

Withdrawal and expulsion
Members shall be free to withdraw from the
Institute. Written notice of withdrawal shall be
given to the Director of the Inseitute with 12
months notice.
Until 1 January 1989 members, and potential
members, registering an interest in joining the
Institute by written notification to the inaugural
General Assembly, may withdraw from membership and
its obligations with no financial or other penalty.

1.3.2.

(r:nnpnh;Hrpn.

A member of the Institute shall withdraw if it has
not paid the whole or the fractions required of its
annual contribution and if a formal demand to pay
made by registred letter with advice of delivery
has not been followed up within three months after
the date of dispatch of the letter.

loRA.ll.l0/":l:027lTl ihv/MJK)
APLNDC-WH-A0000022821

- 4 -

After this date, the member which has not paid its
contribution shall have suspended its right to vote
in the Assemblies and its right to be represented
in and to provide experts for the work in the
Technical Committees or Project Teams.
In this case the General Assembly shall rule
supremely and without appeal.
1 • 3.3.

Any member of the Institute may be expelled if it
has seriously neglected the duties which it is
incumbent on it to discharge as a member.
The expulsion shall be decided supremely and
without appeal by the General Assembly voting by
secret ballot. The party concerned shall be
notified of the decision by registered letter with
advice of delivery.
The expulsion shall take effect from the date fixed
by the General Assembly.

ARTICLE 2 - STRUCTURE
The Institute shall consist of:
a. A General Assembly
b. A Secretariat
c. A Technical Assembly
d. Technical Committees
e. Project Teams

ARTICLE 3 - GENERAL ASSEMBLY
3.1.

The General Assembly shall comprise representatives
of members of the Institute which may be grouped in
national delegations.

(Copenhagen, 1988.11.10/3027U/jby/MJK)

APLNDC-WH-A0000022822

- 5 -

3.2.

Representatives from the EEC and EFTA shall have a
special status as counsellors.

3.3.

Representatives from organisations concerned with
telecommunications may, by invitation, attend
meetings of the General Assembly as observers.
The primary function of the General Assembly is to
make decisions on the management of the Institute.
Voting procedures are described in paragraph 12.2.,
with the exception of the approval of the annual
budget and financial statements for which the
voting procedures described in paragraph 12.3.
shall apply.
The General Assembly's functions shall be:
- to elect its Chairman and Vice Chairmen
- to determine the general policy of the Institute
- to adopt the internal Rules of Procedure of the
Institute and any subsequent modifications to
them and to decide upon disputes arising from
their applications
- to adopt amendments to the Statutes
- to decide upon transferring the headquarters
- to appoint and to dismiss the Director and the
Deputy Director

(Copenhagen, 1988.11.10/ 3027UI j byl MJK)
APLNDC-WH-A0000022823

- 6 -

to rule on questions concerning membership and
observer status
- to decide upon the voluntary dissolution of the
Institute
- to adopt the annual budget and approve financial
statements
- to approve the annual report
- to appoint an auditor annually and to determine
the annual remuneration of the auditor.

3.6.

Upon the proposal of the Director of the Institute
the General Assembly shall examine how to solve any
possible disputes arising in the Technical Assembly
which are not of a technical nature.

3.7.

The General Assembly shall meet at least twice a
year in ordinary session.
At least thirty days before the due date which was
fixed at the previous meeting, the members of the
Institute will be given notice by the Chairman. A
draft agenda will be included with the calling
notice.
The Chairman may, or on the request of at least one
third of the members the Chairman shall, convene an
extraordinary General Assembly. A minimum of
fifteen days notice shall be given for an
extraordinary meeting.

(Copenhagen, 1988.ll.10/3027U/jby/MJK)

APLNDC-WH-A0000022824

- 7 -

ARTICLE 4 - DIRECTOR AND DEPUTY DIRECTOR
4.1.

The Director, assisted by the Deputy Director and
their staff, shall be responsible for: the
assigning of resources; preparation of work
schedules and 'priorities; and relationships with
external bodies, all within the framework of
guidelines laid down by the General Assembly, and
decisions taken by the Technical Assembly.

4.2.

The Director, assisted by the Deputy Director,
shall be responsible for:
- the co-ordination of the activities of the
Technical Committees and Project Teams
the administration of public enquiry on
draft standards
- the day to day administration of the staff
- the recruitment of staff/experts
- giving an account of the management and finances
of the Institute to the General Assembly
- presenting annually the balance sheet for the
approval of the General Assembly
- communicating regularly to the Chairmen of both
Assemblies important information within their
areas of responsibility
- putting progress reports to both Assemblies
- promotion of the work of the Institute outside

(Copenhagen, 1988.ll.l0/3027U/jby/MJK)

APLNDC-WH-A0000022825

- 8 -

and shall be responsible for putting detailed
proposals to both Assemblies on:
- the fully costed annual programme of work
- the preparation of the annual budget.
The Director shall be the legal representative of
the Institute. He shall hold Chief Executive
authority in all matters, apart from those which
are expressly reserved for the General Assembly and
the Technical Assembly 1n the Statutes, to manage
and administer the affairs of the Institute.
The Director shall be responsible for the practical
organisation of the meetings and work of the
General Assembly and the Technical Assembly and
shall provide any support required during their
meetings.
4.4.

The term of office of the Directorship and of the
Deputy Directorship should not exceed 5 years,
extendable by one further term not exceeding 3
years.
The post of Director or Deputy Director. when
vacant, or when the term of office of the current
Director or Deputy Director is due to expire, shall
be advertised pUblicly.
The General Assembly shall decide upon the
appointment of the Director using the voting
procedure set out in paragraph 12.2. from a
shortlist of candidates presented to it by the
Chairman.

(Copenha~en.

1988.11.10/3027U/jby/MJK)

APLNDC-WH-A0000022826

- 9 -

The General Assembly shall decide upon the
appointment of the Deputy Director using the voting
procedure set out in paragraph 12.2. from a
shortlist of candidates presented to it by the
Director.
ARTICLE 5 - SECRETARIAT
5.1.

Members may be entitled to nominate persons to any
post within the Secretariat, except the
Directorship and Deputy Directorship. The Director
shall decide if such a nominee may be accepted and
the period of employment of that nominee. A
nominating member may then select to pay the salary
and other emoluments of the nominee and to be
reimbursed accordingly by the Institute.

5.2.

Proposals for changes in the budgetary staffing
levels of the Secretariat must first be put to a
meeting of the Technical Assembly for comments as
to the suitability or appropriateness of those
changes in relation to the current or future work
programmes. The proposals must then be approved at
a meeting of the General Assembly at which the
comments of the Technical Assembly are available
for any discussion.
The Secretariat will be responsible for the
preparation and distribution of the minutes of
meetings of the General Assembly and Technical
Assembly.

5 . 4•

The Secretariat shall maintain an up-to-date list
of members, observers and counsellors. However it
shall be the responsibility of the members,
observers and counsellors to ensure that the

(Copenhagen, 1988.11.l0/3027U/jby/MJK)

APLNDC-WH-A0000022827

- 10 -

Secretariat is provided with the relevant details
of their representatives to ensure efficient
communications.
ARTICLE 6 - TECHNICAL ASSEMBLY
6.1.

The Technical Assembly comprises the members of the
Institute.
Representatives from the EEC and EFTA shall have a
special status as counsellors.
Representatives from organisations concerned with
telecommunications may, by invitation, attend
meetings of the Technical Assembly as observers.
Individuals of special eminence in the field of
telecommunications and/or standardisation may also
be invited to become special observers.

6.2.

The Technical Assembly is the highest authority
within the Institute for the production and
approval of technical standards, elaborated by
itself (and its technical bodies) or other
technical bodies.
The Technical Assembly's functions shall be:
- to elect its Chairman and Vice Chairmen
- to give guidance to the Director on the work to
be undertaken and indicate the priorities and
give its views on proposals from other sources
{EEC, EFTA, CEPTt etc.}

(Copenhagen, 1988.1l.l0/3027U/jby/MJK)

APLNDC-WH-A0000022828

-

11 -

- to approve the costed annual work programme
unanimously, noting the resources required and
approve the associated timetable
- to decide upon the creation or cessation of
Technical Committees and Project Teams and approve
their terms of reference
- to adoptt according to the provisi0ns of Article
14, draft standards submitted to it by the
Technical Committees
- to vote at intermediate stages of the preparation
of draft standards in the Technical Committees
where it has not been possible to arrive at a
timely consensus
to ensure that a pUblic enquiry has been
carried out after preparation of the draft
standards by the Technical Committees and before
approval by the Technical Assembly
- to approve other forms of output of the
Institute such as reports, specifications and
recommendations as may be decided by the Technical
Assembly
- to approve work undertaken under the special
voluntary account.
6.4.

Voting is described in paragraph 12.2.

6.5.

The Technical Assembly shall meet at least twice a
year and may meet on other occasions for special
meetings.

(Copenhagen, 1988.11.l0/3021U/jby/MJK)

APLNDC-WH-A0000022829

- 12 -

At least thirty days before the due date which was
fixed at the previous meeting. the members of the
Institute will be given notice by the Director. A
draft agenda and such supporting documents will be
included with the calling notice.
Special meetings may be convened at the initiative
of the Director, the Chairman of the Technical
Assembly or at the request of at least one third of
the members. The notice given for special meetings
should not be less than fifteen days.

ARTICLE 7 - CHAIRMANSHIP AND VICE CHAIRMANSHIP OF THE GENERAL ASSEMBLY
AND TECHNICAL ASSEMBLY

7.1.

The General Assembly and Technical Assembly each
elect their own Chairman and Vice Chairmen using
the voting procedure of paragraph 12.2.

7.2.

The Chairman and the Vice Chairmen shall be elected
for two years. The Chairman or Vice Chairmen may be
elected for one further consecutive term only.

7.3.

The following criteria for choosing Chairmen and
Vice Chairmen should be operated flexibly:
Experience and qualifications of the person
concerned.
Equitable geographical distribution.
The Chairman and Vice Chairmen should not
be of the same nationality nor should they
be elected from the same class of members.

(Copenhagen. 1988.ll.l0/3027U/jby/MJK)

APLNDC-WH-A0000022830

- 13 A Vice Chairmanship does not prejudge
succession to a Chairmanship. Appointment
to a Chairmanship from a Vice Chairmanship
shall be regarded as a new appointment for
the purposes of paragraph 7.2. above.
7.4.

Nomination for the posts of Chairman and Vice
Chairman of the two Assemblies shall be submitted
in writing to the Director thirty days before the
date of the Assembly.
Each nomination must be proposed by at least two
national delegations and must indicate the
nominee's consent to be nominated.

ARTICLE 8 - TECHNICAL COMMITTEES
8 •1.

The Technical Committees of the Institute will
provide a forum for consensus bUilding among
European technical experts in developing relevant
new standards. They will also be the focus of
harmonising a European view for worldwide standards
organisations particularly the CCITT and CCIR. They
shall consist of experts from members of the
Institute meeting as reqUired on an ad hoc basis.
With the approval of the Technical Assembly a
Technical Committee can involve participants who
are not members of the Institute.

8.2.

The Technical Committees shall submit proposals for
draft standards to the Technical Assembly for
approval, after examination of the proposals made
by the Project Teams and any Sub Committees. The
Technical Committees shall endeavour to reach
consensus. If no consensus can be reached, the
Chairman of the Committee can decide to take an
indicative vote amongst the members of the
Committee. After this vote, if it is still not
possible to reconcile diverging opinions all
alternative opinions shall be submitted to the
Technical Assembly for decision.

(Copenhagen, 1988.ll.10/3027U/jby/MJK)
APLNDC-WH-A0000022831

- 14 -

8.3.

The Technical Committees may appoint their own
officers and designate their rapporteurs.

8.4.

Technical Committees shall keep the Secretariat
regularly advised of their activities for the
information of members of the Technical Assembly.

8.5.

Subject to any directions from the Technical
Assembly, Technical Committees shall.be free to
organise themselves.

8.6.

The meetings of the Technical Committees shall be
hosted on a voluntary basis by members of the
Institute and costs of attendance shall be borne by
the organisations of each attendee.

ARTICLE 9 - PROJECT TEAMS

9.I .

The Project Teams of the Institute created by the
Technical Assembly for well defined tasks and
limited time periods will consist of small numbers
of experts specifically chosen for their competence
and their availability for the tasks entrusted to
them.

9.2.

The Teams shall be disbanded when their tasks are
completed - unless fresh or further tasks are given
to them. The Teams shall submit draft documents to
a Technical Committee for peer group consensus
forming before submission to the Technical
Assembly, but the Technical Assembly may also
specify they be submitted directly via the Director.

(Copenhagen, 1988.11.10/3027U/jby/MJK)

APLNDC-WH-A0000022832

- 15 -

9.3.

Members should be advised regularly by the Director
of progress of work of the Teams.

9.4.

Subject to any directions from the Technical
Assembly, Project Teams may be free to organise
themselves.

ARTICLE 10 - FINANCIAL YEAR
The financial year of the Institute shall commence
on January 1 and end on December 31.
ARTICLE 11 - FINANCE
11.1.

The budget voted annually by the General Assembly
shall comprise:

11.1.1.

The common operating costs (salaries, expenses and
other emoluments, costs of premises, etc.) of the
Secretariat.

11.1.2.

The casted work programme, which has been agreed
unanimously by the Technical Assembly. This would
cover the costs of Project Teams whose work is
included in the agreed programme: and a contingency
fund to meet the costs of urgent work that must be
undertaken, which arises between meetings of the
General Assembly.

11.1.3.

A special voluntary account to cover the costs of
all other work undertaken and not covered by
11.1.2, which the Technical Assembly has agreed can
be undertaken.
A special "language account" to cover the costs of
interpretation in French and German in the
Technical Assembly and translation into French and
German of the approved standards.

(Copenhagen, 1988.11.10/3027U/jby/MJK)

APLNDC-WH-A0000022833

- 16 -

11.2.

The budget shall be financed in the following
manner:

11.2.1.

Member Administrations shall ensure that common
operating costs are met by national contributions
based on the scales set out in Annex 2.

11.2.2.

The costs of the agreed work programme and the
contingency fund to be met by contributions from
all members of the Institute based on the scales
set out in Annex 3.

11.2.3.

The costs of the special voluntary account to be
met by voluntary contributions from members of the
Institute.
The costs of the special "language account" to be
met by contributions from the member
Administrations having agreed-to share those costs.

11.2.4.

From revenues from the sale of publications of the
Institute and payments under contracts made with
outside organisations.

11.2.5.

From revenues from annual fees charged to observers
by the Director. Special observers and observers
from organisations with which the Institute may
enter into reciprocal agreements shall not be
charged.

11.2.6.

From other revenues not covered by the above.

11.3.

The Institute, in agreement with the organisations
from whom the experts have been recruited by the
Director for Project Teams, may arrange to pay for
the costs of the experts by directly reimbursing
those organisations.

(Copenhagen, 1988.11.10/3027U/jby/MJK)

APLNDC-WH-A0000022834

- 17 -

ARTICLE 12 - VOTING
12.1.

Principles
In all bodies of the Institute, members shall
endeavour to reach consensus.
National weighted voting (using procedure A) shall
apply in both the General Assembly and the
Technical Assembly subject to
in the General Assembly, individual voting
(using procedure B) shall apply to the
approval of the annual budget and financial
statements,
in the Technical Assembly, approval of the
costed work programme shall be unanimous.
Voting procedures shall be reviewed after a period
of two years from the adoption of the Memorandum 0:
Understanding between CEPT Telecommunications
Administrations to establish a European
Telecommunications Standards Institute on 15
January 1988.

12.2.

Procedure A - National weighted voting
Weighted voting by national delegations as
stipulated in Annex 4 shall apply. The views of
operators, manufacturers, users and research bodies
shall be taken into account by delegations in
arriving at a view on how their votes are cast.

(Copenhagen, 1988.11.10/3027U/jby/MJK)

APLNDC-WH-A0000022835

- 18 -

12.3.

Procedure B - Individual voting
Each member shall have an individual vote. The
aggregate votes of none of the type of members
defined in Article 6 of the Statutes.) shall exceed
35% of the total votes cast. The percentage of
votes needed to approve a proposal shall be 71$ of
the total votes cast except where the Rules of
Procedure provide otherwise.

12.4.
12.5.

-

Under the voting procedure described in paragraph
12.2., the vote of each national delegation shall
be cast by the head of the national delegation.

12.6.

•)

Care should be taken to protect minority rights.

An applicant Administration member whose country is
not included in the list of allocations of
weightings (Annex 4) shall be consulted first by
the Chairman of the General Assembly as to the size
of the weighting applied for. The Chairman shall
then obtain the views of the other members of ~~e
Institute, after which he shall obtain the views of
the Chairman of TRAe, who will have similarly
consulted the signatories of the TRAe, with a view
to ensuring there is consistency in the weightings
allocated by both the Institute and TRAC •

Administrations
Public Network Operators
Manufacturers
Users including Private Service Providers offering services to the
public

- Research bodies

(Copenhagen. 1988.11.10/3027U/jby/MJK)

APLNDC-WH-A0000022836

- 19 -

The Chairman shall subsequently put a proposal
before a meeting of the General Assembly for an
allocation of weighting to the applicant
Administration, and for a consequential amendment
to Annex 4. Voting will be in accordance with
procedure A subject to the majority vote required
being 75 % of the total weighted votes cast.
ARTICLE 13 - QUORUM AND PROXY VOTING
13.1.

In any meeting of the General Assembly and the
Technical Assembly, the quorum of those present or
represented required for voting under the procedure
described in paragraph 12.2. shall consist of at
least 50$ of the total number of weighted votes
given in Annex 4.
The quorum of those present or represented required
in the two Assemblies for voting under the
procedure described in paragraph 12.3. shall
consist of at least 50$ of the members.

13.2.

A member unable to attend a meeting of the General
Assembly or the Technical Assembly may give its
vote to another member to cast as a proxy vote
provided it has notified the Chairman of that
Assembly in advance. No member may cast more than
one proxy vote.

ARTICLE 14 - ELABORATION, APPROVAL AND IMPLEMENTATION OF STANDARDS
14.1.

Elaboration
Standards approved by the Institute shall be known
as ETS (European Telecommunications Standards).

(Copenhagen, 1988.11.l0/3027U/jby/MJK)

APLNDC-WH-A0000022837

- 20 -

ETS (and I-ETS mentioned in Article 14.5.) shall be
elaborated within the fields set out in Article 3
of the Statutes of ETSI which include:
a) telecommunications terminal equipment including
interfaces to networks,
b)

areas common to telecommunication and
information technology according to decisions
made by the ITSTC or common to
telecommunications and broadcasting, or

c) areas which embrace the telecommunications
networks themselves and other areas such as
radio communications.
14.2.

General
Each national delegation shall inform the Director
and the relevant Counsellor in writing of the
recognised national standards organisation or
organisations having the exclusive responsibility
for carrying out the establishment of the national
position for the vote, and the standstill and the
transposition requirements referred to in this
Article, together with their rules which govern how
these functions are carried out. Any member shall
have the right to inspect a copy of these rules
held by the Director and bring to the attention of
the General Assembly any problems arising from
their application.

(Copenhagen, 1988.l1.10/3027U/jby/MJK)

APLNDC-WH-A0000022838

- 21 -

Standstill Period
From the date the Technical Assembly decides that
ETSI should produce a standard on a specific matter
with its de~ined scope and for the duration, not
generally exceeding 15 months, the Technical
Assembly sets down as being required to prepare and
adopt that standard, the organisations identified
in Article 14.2. shall not publish a "new or revised
national standard which is not completely in line
with an ETS or EN in existence or in preparation on
the specific matter in question or take any other
action which could prejudice the harmonization
intended.

14.4.

Public Enquiry
Before a Technical Committee according to Article
8.2. or the Director according to Article 9.2.
submits a draft ETS for approval to the Technical
Assembly a public enqUiry should have been carried
out for this draft. The administration within ETST
for this public enqUiry shall be the responsibility
of the Director. In the ETS! Member Countries the
public enqUiry shall be carried out by the
organisations referred to in Article 14.2. Moreover
for a draft ETS which is intended to become a NET a
worldwide public enquiry shall be carried out under
the responsibility of the Director. Any comments
received during the time set shall be given due
consideration in an appropriate Technical Committee.

(Copenhagen, 1988.1l.10/3027U/jby/MJK)
APLNDC-WH-A0000022839

- 22 -

14.5.

Approval Procedure
An ETS shall be approved by the weighted voting
procedure of Article 12.2. The vote shall be taken
by correspondence except where the Chairman of tr.e
Technical Assembly decides that the vote is to be
taken at a meeting announced thirty days
beforehand. The procedure of Article 14.4. and this
procedure may also be applied to documents coming
from other organisations (eg. CCITT or CCIR
recommendations).
In the event that a standard is not approved, then
the votes of EC members only shall be counted: if
71% of the total votes cast by the EC countries are
in favour of the proposed draft standard and at
least 8 countries are in favour, then i t shall be
adopted as a European Telecommunications Standard
in the European Community and other countries which
have voted in favour.
The Technical Assembly may decide in a specific
case that a limited period of application is to be
associated for a draft standard either because the
standard represents a provisional solution for a
more advanced standard coming later or that the
standard is immature and requires some period of
trial. In such cases a standard shall be approved
by the above procedures but designated as an
"Interim" European Telecommunications Standard or
I-ETS.

(Copenhagen, 1988.ll.10/3027U/jby/MJK)

APLNDC-WH-A0000022840

- 23 -

14.6.

Transposition Arrangements
When ETS1 has approved an ETS on a specific matter
then on an agreed date set by the Technical
Assembly the organisations mentioned in Article
14.2. shall ensure that all conflicting national
standards on that specific matter are withdrawn.
They shall refer interested parties enquiring about
standards on that specific matter to .where copies
of the relevant ETS can be obtained.
The organisations referred to in Article 14.2.
shall be entitled to publish and market the texts
of ETS and I-ET5 according to a format specified by
ETSI.

14.7.

Worldwide Telecommunications Standardisation
The activities of the Institute shall build upon
worldwide standards, existing or in preparation,
and furthermore will contribute to the production
of harmonised new worldwide standards in the same
fields.
Members of ETS1 shall support within worldwide
organisations the promotion of ETS as the basis of
worldwide recommendations and standards.
The Technical Assembly shall be responsible for
approving arrangements for the promotion of ErS as
described above.
In addition members of E1S1 shall support common
positions for worldwide organisations (eg. CelTT
and CCIR) which have been adopted by the Technical
Assembly.

(Copenhagen, 1988.1l.l0/3027U/jby/MJK)

APLNDC-WH-A0000022841

- 24 -

ARTICLE 15 - RELATIONSHIP OF THE INSTITUTE TO OTHER BODIES
15.1.

Standards which have been identified by TRAC as
candidate NETs shall be transmitted to this
external body for consideration by that Committee
for possible adoption as a mandatory standard given
legal force.

15.2.

The Institute should play its part in supporting
EWOS in developing proposals for OSI functional
standards in ways to be determined by the 1TSTC.

15.3.

The Institute and the other European standards
bodies shall co-ordinate viewpoints via the ITSTC
thus consolidating the views of the major
industrial and networking operators throughout
Europe, and facilitating the long term integration
of standardisation activities.

ARTICLE 16 - TRANSITION PERIOD
A transition period, as short as possible, shall be
allowed for the orderly transfer of CEPT's
technical pre-standardisation and standardisation
work to the Institute. During this period a
committee comprising the Director, the Deputy.
Director, the Chairman and Vice Chairmen of the
Technical Assembly, the Chairman and Vice Chairmen
of CCH, the Chairmen of CR and CAC, the Chairmen of
the CCH Working Groups, the Chairmen of GMR, SF and
RES, the Chairman and Vice Chairman of TRAC and the
manager of the CCH Permanent Secretariat shall be
established to ensure close co-ordination between
the Institute and CEPT.

(Copenhagen, 1988.II.l0/3027U/jby/MJK)

APLNDC-WH-A0000022842

- 25 -

In particular t this committee shall draw up a plan
within the first six months after the inaugural
General Assembly for the orderly transfer from CEPT
to the Institute of relevant activities and
appropriate Working Groups, taking into acco~nt the
importance of ensuring continuity of work and
avoiding duplication. Any differences of view shall
be presented to the Technical Assembly or General
Assembly as appropriate for resolution.

ARTICLE 17 - REVIEW OF ACTIVITIES
An evaluation of the operations of the Institute,
including the Rules of Procedure, should be made by
early 1990 by the members. In preparation for this t
the Director shall present a report to the members
on the activities of the Institute since its
creation.
ARTICLE 18 - OFFICIAL LANGUAGES
18.1.

18.2.

(Copenhagen

t

The official languages of the General Assembly
shall be English, French and German. SUbject to the
provisions of paragraphs 18.2. and 18.3. below, the
official documents such as the annual report shall
be published in English, French and German.
The official language of the Technical Assembly
shall be English. Simultaneous interpretation in
French and German shall however be provided and the
costs of the interpretation shall be covered by a
special "language account". The costs of the
special "language account" shall be met by
contributions from the member Administrations
having agreed to share those costs.

1988.l1.10/3027U/jby/MJK)

APLNDC-WH-A0000022843

- 26 -

Draft-standards and standards (ETS) and all other
documents shall be approved and published in
English.
18.3.

The working language in the Technical Committees
and the Project Teams shall be English. Documents
produced by Technical Committees and Project Teams
shall be in English.

18.4.

Once a standard (ETS) has been approved by the
Technical Assembly and published in English as an
official standard, it may be translated into French
and German and published equally as an official
standard. The costs of the translation shall be
covered by the special "language account".

ARTICLE 19 - LITIGATION
Any legal dispute ar~s1ng during the life of the
Institute or during its dissolution shall be dealt
with under the French law unless the parties
concerned agree otherwise.
However, in case of dispute ar~s1ng between the
members, the members concerned will endeavour to
use all means to solve the dispute with the help of
other members by the way of internal conciliation.
ARTICLE 20 - AMENDMENTS TO THE RULES OF PROCEDURE
Proposed amendments to the Rules of Procedure shall
be put to a spec~ally convened meeting of the
General Assembly giving not less than three months
notice. The weightings of the votes given in Annex
4 shall be used but reqUires 15% of the total
weighted votes cast for a proposal to be approved.

(Copenhagen, 1988.ll.10/3027U/jby/MJK)

APLNDC-WH-A0000022844

ANNEX 1

DEFINITIONS OF MEMBERS OF THE
INSTITUTE

A. Administration

An Administration is defined as a
part of the pUblic administration
in a country.
Where a group of relevant interests
at a national level decides to be
represented through a
standardisation body recognized by
the national telecommunications
administration as competent in a
part or all of the work of the
Institute, then this body shall be
included within the category of
membership of administration, and
may be a member independent of the
telecommunications administration.
However, the head of delegation
shall be responsible for exercising
the national vote unless he
delegates this function.

B. Public Network Operator

A Public Network Operator is
defined as a recognized operator of
a pUblic telecommunications network
or part thereoff.

(Copenhagen, 1988.11.10/3027U/jby/MJK)

APLNDC-WH-A0000022845

C. Manufacturer

A Manufacturer is defined as a company, legally established in a
country, developing and/or
producing equipment to be used in
or connected directly or indirectly
to a public telecommunications
network, or a national or European
organisation of such manufacturers.

D. User

A User is defined as any person,
company or organisation making use
of a public telecommunications
network or a national or European
organisation of such users.

E. Private Service Provider

A Private Service Provider is
defined as a company or
organisation making use of a public
telecommunications network to
provide services to third parties.

F. Research bodies

A Research body is defined as any
research body concerned with
telecommunications.

(Copenhagen, 1988.ll.l0/3027U/jby/MJK)

APLNDC-WH-A0000022846

ANNEX 2

CONTRIBUTION TO THE COMMON OPERATING COSTS

25 unit-class

Germany (Fed. Rep. of)
France
Italy
United Kingdom

18 unit-class

Spain

10 unit-class

Austria
Belgium
Denmark
Finland
Greece
Ireland
Norway
Netherlands
Portugal
Sweden
Switzerland
Turkey
Yoguslavia

1 unit-class

Cyprus
Iceland
Luxembourg
Malta

1/2 unit-class

Liechtenstein
Monaco
San Marino
Vat iean City

(Copenhagen, 1988 .11.10/3027U/ j by/MJK)

APLNDC-WH-A0000022847

ANNEX 3

CONTRIBUTIONS TO THE AGREED WORK PROGRAMME

The costs of the agreed work programme and the contingency fund shall
be met by the contributions from the members of the Institute, each
member paying a sum proportional to the number of units in the class of
contribution it has chosen from the following scale:
1/3 unit-class
unit-class
1
unit-class
3
unit-class
6
10
15

unit-class
unit-class

Members shall choose their class as follows:
- Administrations
their country:

(+)

according to the gross domestic product (GOP) of

C las s (Uni t )

up to 7
7 to 20
20 to 70
70 to 200
200 to 500
above 500

1/3
1

3
6
10

15

(Copenhagen, 1988.1l.10/3027U/jby/MJK)

APLNDC-WH-A0000022848

- All other members according to their annual telecommunicationsrelated turnover (TO) (++):
Class (Unit)
up to 10
70 to 200

1

200 to 700

3

700 to 2000

6

2000 to 5000

10

above 5000

(+)

1/3

15

Where administrations and public network operators from the same
country are both members of the Institute, these administrations
shall be entitled to a 50$ reduction in their unit-class
contribution. When a country has more than one administration
member, then one of those members shall choose the GDP-related
contribution, and the others should be assessed on the scale of
all other members without the above-mentioned reduction. Where it
is not possible to identify a turnover or its equivalent, then
such members may pay 1/3 unit-class contribution.

(++) The annual subscriptions, fees and other incomes of user and trade
associations and other similar organisations shall be used in lieu
of turnover.

Note: For GDP and turnover, the latest pUblished or available figures
will be applicable.

(Copenhagen, 1988.11.10/3027U/jby/MJK)

APLNDC-WH-A0000022849

ANNEX 4

NATIONAL WEIGHTED VOTES

1.

The percentage of votes needed to approve a proposal
shall be 11$ of the total votes cast (rounded up to
the nearest whole number of votes), if not otherwise
provided.

2.

Allocation of weightings shall be as given below in
order to determine the result:

FRANCE
GERMANY (Fed.Rep.of)
ITALY
UNITED KINGDOM
SPAIN
BELGIUM
GREECE
NETHERLANDS
PORTUGAL
SWEDEN
SWITZERLAND
AUSTRIA
DENMARK
FINLAND
IRELAND
NORWAY
CYPRUS
ICELAND
LUXEMBURG
MALTA
MONACO

10
10

10
10
8
5
5
5

5
5

5
3
3
3
3
3
2

2
2
2

1

TURKEY

5

*

* according to the decision of the 6th General Assembly

(Copenhagen, 1988.11.10/3027U/jby/MJK)

APLNDC-WH-A0000022850

ANNEX 5

List of abbreviations

CAC

Comite d'action Commerciale / Commercial Action Committee
(CEPT)

CCH

Comite de coordination de l'harmonisation I
Committee on Harmonization (CEPT)

CClR

Comite consultatif international des radiocommunications
(UrT) I International Radio Consultative Committee (lTU)

CCITT

Comite consultatif international des telephones et
telegraphes (UIT) / International Telephone and Telegraph
Consultative Committee (lTU)

CEN

Comite europeen de normalisation / The European Committee
for Standardization

CENELEC

Comite europeen de normalisation electrotechnique /
European Committee for Electrotechnical Standardization

CEPT

Conference europeenne des Administrations des postes et
des telecommunications I European Conference of Postal and
Telecommunications Administrations

CR

Comite de coordination des radiocommunications /
Co-ordination Committee on Radio Communications (CEPT)

EEC/CEE

European Economic Community / Communaute europeenne
economique

EFTA/AELE

European Free Trade Association / Association europeenne
de libre echange

~o-ordination

(Copenhagen, 1988.1l.10/3027U/jby/MJK)
APLNDC-WH-A0000022851

EN

Europaische Norm I European Standard I Norme europeenne
(CEN/CENELEC)

ETS

European Telecommunications Standard I Norme europeenne de
telecommunications (ETSI)

EWOS

European Workshop on Open Systems (CEN/CENELEC)

GMR

Groupe mixte CCH/CAe sur RACE I Mixed Group CCH/CAC on
RACE (CEPT)

ITSTC

Information Technology Steering Committee I Camite de
direction de la technologie de l'infarmation
(CEN/CENELEC/CEPT)

NET

Norme europenne de telecommunications / European
Telecommunications Standard (TRAC)

RES

Radio Equipment and Systems I Equipements et systemes de
radiocommunications (CEPT)

SF

Services et facilites I Services and Facilities (CEPT)

TRAC

Technical Recommendations Application Committee I Comite
charge de l'application des recommandations techniques

(Copenhagen, 1988.ll.l0/3027U/jby/MJK)

APLNDC-WH-A0000022852

Page 50
ETSI Directives - Version 001 - March 1988

History of the ETSI Directives
Date of version
Version 001
March 1988

Changes
1st edition of the "Directives" comprising the: ETSI Statutes and the ETSI Rules
of Procedure.

APLNDC-WH-A0000022853