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Law Approving The Protocol On The Privileges And Immunities Of The European Organization For Nuclear Research, Done At Geneva On 18 March 2004 (1) (2)

Original Language Title: Loi portant assentiment au Protocole sur les privilèges et immunités de l'Organisation européenne pour la Recherche nucléaire, fait à Genève le 18 mars 2004 (1)(2)

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belgiquelex.be - Carrefour Bank of Legislation

18 JUNE 2014. - Act enacting the Protocol on the Privileges and Immunities of the European Organization for Nuclear Research, done in Geneva on March 18, 2004 (1)(2)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Protocol on the Privileges and Immunities of the European Organization for Nuclear Research, made in Geneva on 18 March 2004, will come out its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 18 June 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister of Foreign Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of the Interior,
Ms. J. MILQUET
Deputy Prime Minister and Minister of Social Affairs and Public Health,
Ms. L. ONKELINX
The Minister of Justice,
Ms. A. TURTELBOOM
The Minister of Finance,
K. GEENS
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Senate (www.senate.be):
Documents: 5-2794
Annales du Senate : April 3, 2014
House of Representatives (www.lachambre.be):
Documents: 53-3546
Full report : 23/04/2014.
(2) Related States.

Protocol on the Privileges and Immunities of the European Nuclear Research Organization
Preamble
States Parties to this Protocol,
Considering the Convention for the Establishment of a European Organization for Nuclear Research (CERN) ("Organization") and its annexed Financial Protocol, signed on 1er July 1953, entered into force on 29 September 1954 and amended on 17 January 1971;
Considering that the Organization has its headquarters in Geneva, Switzerland, and that its status in Switzerland is defined by the Agreement between the Swiss Federal Council and the Organization of 11 June 1955;
Considering that the Organization is also established in France, where its status is defined by the Agreement between the Government of the French Republic and the Organization dated 13 September 1965, revised on 16 June 1972;
Considering also the Convention between the Federal Council of the Swiss Confederation and the Government of the French Republic of 13 September 1965 concerning the extension of the domain of the Organization in French territory;
Considering the growing expansion of the Organization's activities to the respective territories of all States Parties to the Convention, which results in a substantial increase in the mobility of persons and goods assigned to and used for its research programmes;
Desiring to ensure the effective performance of the functions assigned to the Organization by the Convention, in particular Article II, which defines the purposes of the Organization, and to guarantee equal treatment in the territory of all States Parties to the Convention;
Having decided, in accordance with Article IX of the Convention, to grant the Organization the privileges and immunities necessary to carry out its official activities;
The following agreed:
Article 1 Definitions
For the purposes of this Protocol:
a) by "Convention" means the Convention for the Establishment of a European Organization for Nuclear Research and the annexed Financial Protocol, signed on 1er July 1953, entered into force on 29 September 1954 and amended on 17 January 1971;
(b) "Organization" means the European Organization for Nuclear Research;
(c) "official activities" means the activities of the Organization described in the Convention, in particular Article II, including its activities of an administrative nature;
(d) "agents" means "staff members" as defined in the Staff Regulations and Rules of the Organization;
(e) by "cooperation agreement" means a bilateral agreement between the Organization and a non-member State or a scientific institute established in that State, defining the conditions governing its participation in the activities of the Organization;
(f) by "association agreement" means a bilateral agreement, concluded between the Organization and a State not meeting the conditions for becoming a member State, establishing a close institutional partnership between the Organization and that State, to enable it to participate more fully in the activities of the Organization.
Article 2 International legal personality
1. The Organization enjoys international legal personality and legal capacity in the respective territories of the States Parties to this Protocol.
2. In particular, the Organization has the capacity to contract, acquire and dispose of movable and immovable property and to prosecute.
Article 3 Inviolability of the domain, buildings and premises
1. The area, buildings and premises of the Organization are inviolable.
2. No officer of the public authorities may enter it without the express agreement of the Director General or his duly authorized representative.
3. In the event of a fire or other disaster requiring immediate protection measures, where this express agreement cannot be obtained, the authorization of the Director General may be considered granted.
4. The Organization does not allow its buildings or premises to serve as a refuge for a person sought for committing, trying to commit or committing a crime or offence, or against whom a warrant of arrest has been issued or an expulsion order has been taken, or who has been convicted of a crime or offence by the competent authorities.
Article 4 Inviolability of archives and documents
The records of the Organization and all documents in any form held by or belonging to it, regardless of where they are or the person who holds them, are inviolable.
Article 5 Immunity of jurisdiction and enforcement
1. In carrying out its official activities, the Organization shall be granted immunity from jurisdiction, except:
(a) to the extent that the Council of the Organization waives it in a particular case;
(b) in the event of a civil action brought by a third party for the damage resulting from an accident caused by a self-propelled vehicle belonging to the Organization or circulating on its behalf, or in the event of a violation of the regulation of motor traffic involving the aforementioned vehicle;
(c) in the event of an arbitral award made under Article 16 or 18 of this Protocol;
(d) in respect of a counterclaim directly related to a principal application filed by the Organization and filed in the procedural framework of that application.
2. The properties and properties of the Organization, regardless of where they are located, shall be immune to any form of requisition, confiscation, expropriation and sequester and any other form of seizure or interference in any executive, administrative, judicial or legislative action, except:
(a) to the extent that the Council of the Organization waives it in a particular case;
(b) to the extent that the prevention of accidents involving self-propelled vehicles owned or operated by the Organization or the investigation of such accidents requires it temporarily;
(c) in the event of an arrest on pay for debt of an agent of the Organization, provided that such arrest is the result of a final and enforceable court decision, in accordance with the rules in force on the territory of execution.
Article 6 Tax and customs arrangements
1. As part of its official activities, the Organization, its assets and revenues are exempt from direct taxes.
2. Where, in the course of its official activities, the Organization undertakes purchases, or the use of goods or services of significant value, the price of which includes taxes, duties or other charges, appropriate arrangements shall be made by the State Party to this Protocol which has collected taxes, duties or other charges for the remission or repayment of the amount of such taxes, duties or other charges when identifiable.
3. The import and export of goods and materials made by the Organization or on behalf of the Organization as part of its official activities are exempt from all import and export taxes, duties and other charges.
4. No exemption or refund is granted in respect of taxes, taxes or other charges that constitute the mere remuneration for services rendered.
5. Paragraphs 2 and 3 of this Article shall not apply to the purchase or use of goods or services or to the importation of goods for the personal use of agents and the Director General of the Organization.
6. The property and equipment belonging to the Organization, acquired or imported in accordance with the provisions of paragraph 2 or 3 of this Article, shall not be sold or disposed of in the territory of the State which has granted the exemption only on the conditions fixed by it.
Article 7 Free disposition of funds
The Organization may receive, hold and transfer all funds, currencies, cash; it can freely dispose of it for its official activities and hold accounts in any currency to the extent necessary to meet its commitments.
Article 8 Official communications
The circulation of publications and other information materials received or sent by the Organization, in any form, in the course of its official activities, is not subject to any restrictions.
Article 9 Privileges and immunities of representatives of States
1. Representatives of the States Parties to this Protocol shall, in the exercise of their functions and during their travel to or from the place of meetings of the Organization, enjoy the following privileges and immunities:
(a) immunity from personal arrest, detention and seizure of personal effects;
(b) immunity from jurisdiction, even after the end of their mission, for acts, including their words or writings, performed by them in the performance of their duties; However, this immunity does not apply in the case of a violation of the regulation of the movement of self-propelled vehicles by a representative of a State Party to this Protocol, or damage caused by a self-propelled vehicle owned or driven by it;
(c) inviolability of any official documents in any form;
(d) the right to use codes and to receive documents or correspondence by mail or sealed bags;
(e) exemption for themselves and their spouses of any restrictive measures concerning the entry and registration of aliens;
(f) same facilities with respect to monetary or foreign exchange regulations as those granted to representatives of foreign Governments on temporary official missions;
(g) same customs facilities as those granted to diplomatic agents with respect to their personal baggage.
2. No State Party to this Protocol shall grant the privileges and immunities set out in this Article to its own nationals or to persons who, at the time of their taking office in that State, are permanent residents there.
Article 10 Privileges and Immunities of Organization Agents
1. Officers of the Organization shall, even after the termination of their duties, enjoy immunity from jurisdiction for acts, including words and writings, performed by them in the performance of their duties and within the limits of their powers. This immunity does not apply, however, in the case of an offence to the regulation of the movement of self-propelled vehicles by an agent of the Organization or of damage caused by a self-propelled vehicle owned or driven by him.
2. Members of the Organization shall enjoy the following privileges:
(a) the right to openly import their furniture and personal belongings on the occasion of their taking of office in the service of the Organization in the State concerned and the right, at the time of the termination of their functions in that State, to export their furniture and personal effects free of charge, subject to, in both cases, the conditions imposed by the laws and regulations of the State in which the law is exercised;
(b) (i) subject to the conditions and procedures established by the Council of the Organization, the agents and the Director-General of the Organization shall, for the benefit of the Organization, be subject to a tax on the salaries and emoluments paid by the Organization. Such treatments and emoluments are exempt from national income taxes;
(ii) States Parties to this Protocol shall not be required to exempt from income tax pensions or annuities paid by the Organization to its former officers and Directors General for services rendered to the Organization;
(c) for themselves and their family members who are part of their household, the same exemption for immigration restrictions and registration procedures for foreigners as generally recognized to agents of international organizations;
(d) the inviolability of all official documents in any form;
(e) for themselves and members of their families in their household the same facilities for repatriation, in times of international crisis, as members of diplomatic missions;
(f) with respect to transfers of funds, exchange transactions and customs facilities, privileges generally recognized to agents of international organizations.
3. No State Party to this Protocol shall grant the privileges and immunities recognized in paragraphs 2 (a), (c), (e) and (f) of this Article to its own nationals or to persons who, at the time of their taking of office in that State, are permanent residents of that State.
Article 11 Social security
The Organization and its employees with an employment contract are exempt from any mandatory contributions to national social insurance schemes, on the understanding that such persons receive equivalent social protection provided by the Organization.
Article 12 Privileges and immunities of the Director-General
1. In addition to the privileges and immunities provided for in Articles 10 and 11 of this Protocol, the Director-General shall, during his tenure, enjoy the privileges and immunities recognized in the Vienna Convention of 18 April 1961 on Diplomatic Relations to Diplomatic Agents of comparable rank.
2. No State Party to this Protocol shall grant the privileges and immunities set out in this Article to its own nationals or to persons who, at the time of their taking office in that State, are permanent residents there.
Article 13 Purpose and limits of immunities
1. The privileges and immunities provided for in Articles 9, 10 and 12 of this Protocol shall be granted only to ensure the free operation of the Organization and the complete independence of the persons to whom they are granted. They are not granted the personal benefit of the beneficiaries.
2. These immunities may be waived:
(a) in respect of the Director General, by the Council of the Organization;
(b) in respect of agents, by the Director General or the person to be replaced under Article VI, paragraph 1 (b), of the Convention;
(c) with regard to State representatives, by the State Party concerned;
and it is their duty to lift these immunities when they can hinder the proper functioning of justice and it is possible to renounce them without compromising the purposes for which they have been granted.
Article 14 Cooperation with States Parties to this Protocol
The Organization shall cooperate with the competent authorities of the States Parties to this Protocol with a view to facilitating the proper administration of justice, observance of the laws and regulations of police, public health, occupational health and safety and related to the environment, and to prevent any abuse of the privileges, immunities and facilities provided for in this Protocol.
Article 15 Safety and public order
1. Nothing in this Protocol shall affect the right of a State Party to the Protocol to take all appropriate precautions in the interest of its security.
2. If a State Party to this Protocol considers it necessary to take measures for its security or the maintenance of public order, it shall, except in the event of material impossibility, as quickly as the circumstances permit, in connection with the Organization with a view to stopping, by mutual agreement, the necessary measures for the protection of the interests of the Organization.
3. The Organization shall cooperate with the Government of that State Party to this Protocol with a view to avoiding any breach of the security and public order of the State Party as a result of its activities.
Article 16 Private Disputes
1. The Organization shall make appropriate arrangements for the satisfactory regulation:
(a) disputes arising from contracts to which the Organization is a party;
The Organization shall include in all written contracts that it passes, other than those referred to in paragraph 1 (d) of that Article, an arbitration clause in accordance with which any dispute arising out of the interpretation or performance of the contract is, at the request of either party, subject to arbitration or, in agreement between the parties, to another appropriate method of settlement;
(b) disputes arising from damage caused by the Organization or involving any other non-contractual liability of the Organization;
(c) disputes involving an agent of the Organization who enjoys immunity from jurisdiction, if such immunity has not been waived in accordance with the provisions of Article 5 of this Protocol;
(d) disputes between the Organization and its agents;
The Organization shall submit all disputes arising from the execution and interpretation of contracts with officials of the Organization pursuant to the Staff Regulations and Rules of the Organization to the jurisdiction of the International Labour Organization Administrative Tribunal (ILO) or any other international administrative tribunal appropriate to the jurisdiction of which the Organization is subject under a decision of the Council.
2. For disputes where no method of settlement has been specified in paragraph 1 of this Article, the Organization may resort to any method of settlement that it considers appropriate, in particular to the arbitration or jurisdiction of a national court.
3. Any method of settlement under this Article shall be based on the principle of respect for legality, with a view to reaching a settlement of the dispute in a compulsory, fair and impartial manner, within a reasonable period of time.
Article 17 Disputes between States Parties to this Protocol
1. Any discrepancy with respect to the application or interpretation of this Protocol that cannot be resolved in amicable manner between the Parties may be submitted by either Party to an International Arbitration Tribunal, in accordance with Article 19 of this Protocol.
2. If a State Party to this Protocol intends to submit a dispute to arbitration, it will notify the Director General who will immediately inform each State Party to this Protocol of such notification.
Article 18 Disputes between States Parties to this Protocol and the Organization
1. Any discrepancy between one or more States Parties to this Protocol and the Organization with respect to the application or interpretation of the said Protocol which is not settled amicably between the Parties (one or more States Parties) to the Protocol constituting a Party to the dispute and the Organization the other Party) may be submitted by either Party to an International Arbitration Tribunal, in accordance with Article 19 of that Protocol.
2. The Director General shall immediately inform the other States Parties to this Protocol of the notification given by the requesting Party of arbitration.
Article 19 International Arbitration Tribunal
1. The International Arbitration Tribunal provided for in Articles 17 and 18 of this Protocol ("the Tribunal") is governed by the provisions of this Article.
2. Each Party to the dispute shall appoint a member of the Tribunal. The members so appointed will jointly choose a third member, who will chair the Tribunal. In the event of disagreement between the members of the Tribunal on the choice of the President, the President of the International Court of Justice shall be appointed at the request of the members of the Tribunal.
3. If one of the Parties to the dispute refrains from appointing a member of the Tribunal and fails to take the necessary action within two months of the request of the other Party, the latter may request the President of the International Court of Justice to proceed with the appointment.
4. The Tribunal shall establish its own rules of procedure.
5. No appeal may be lodged against the Tribunal's award, which will be final and binding on the Parties. In the case of a dispute relating to the content or scope of the award, the Tribunal shall be responsible for providing an interpretation at the request of either Party.
Article 20 Implementation of the Protocol
The Organization may, if so decided by the Council of the Organization, enter into additional agreements with one or more States Parties to this Protocol in order to implement the provisions of that Protocol.
Article 21 Amendment procedure
1. Any State Party to the Convention may propose amendments to this Protocol, which shall be communicated by the Director General of the Organization to other States Parties to this Protocol.
2. The Director-General will convene a meeting of States Parties to this Protocol. If the text of the proposed amendment is adopted by a two-thirds majority of the States Parties present and voting, it shall be transmitted by the Director-General to the States Parties to this Protocol for acceptance in accordance with their respective constitutional rules.
3. Any amendment shall take effect on the thirtieth day after notification by all States Parties to this Protocol to the Director-General of their ratification, acceptance or approval.
Article 22 Special agreements
1. The provisions of this Protocol shall not limit and be without prejudice to those of other international agreements between the Organization and a State Party to this Protocol as a result of the establishment of regional offices, laboratories or other facilities in the territory of that State Party. In the event of a conflict between the provisions of this Protocol and those of such an international agreement, the provisions of this international agreement shall prevail.
2. Nothing in this Protocol prohibits States Parties to enter into other international agreements with the Organization confirming, supplementing, extending or amplifying the provisions of this Protocol.
Article 23 Signature, ratification and accession
1. This Protocol shall be open, from 19 December 2003 to 19 December 2004, for signature by the States Parties to the Convention and by the States that have entered into a Cooperation or Association Agreement with the Organization.
2. This Protocol is subject to ratification, acceptance or approval by signatory States. Instruments of ratification, acceptance or approval shall be deposited with the Director General of the United Nations Educational, Scientific and Cultural Organization (UNESCO).
3. This Protocol shall remain open to the accession of States Parties to the Convention and States that have entered into a Cooperation or Association Agreement with the Organization. The instruments of accession are deposited with the Director General of the United Nations Educational, Scientific and Cultural Organization (UNESCO).
Article 24 Entry into force
1. This Protocol shall enter into force thirty days after the date on which the twelfth instrument of ratification, acceptance, approval or accession has been deposited by a State Party to the Convention.
2. For each State ratifying, accepting, approving or acceding to this Protocol after its entry into force, this Protocol shall enter into force on the thirtieth day after the date of deposit of its instrument of ratification, acceptance, approval or accession with the Director General of the United Nations Educational, Scientific and Cultural Organization (UNESCO).
Article 25 Notification
The Director General of the United Nations Educational, Scientific and Cultural Organization (UNESCO) shall notify all signatory and adherent States and the Director General of the Organization of the deposit of each instrument of ratification, acceptance, approval or accession, the entry into force of this Protocol, as well as any notification of its denunciation.
Rule 26
Upon the entry into force of this Protocol, the Director General of the United Nations Educational, Scientific and Cultural Organization (UNESCO) shall register it with the United Nations Secretariat in accordance with Article 102 of the Charter of the United Nations.
Article 27
Any State Party to this Protocol may, at any time, by written notification addressed to the Director General of the United Nations Educational, Scientific and Cultural Organization (UNESCO), denounce this Protocol. The denunciation takes effect one year after the date of receipt of this notification, unless a later date is specified in the notification.
IN WITNESS WHEREOF the undersigned representatives, duly authorized to do so by their respective Governments, have signed this Protocol.
Done in Geneva on 18 March 2004, in the English and French languages, both texts being equally authentic and deposited in the archives of the United Nations Educational, Scientific and Cultural Organization (UNESCO). The Director-General of this Organization shall issue a certified copy to all signatories and adherents.

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