Posted the: 2014-11-20 Numac: 2014015182 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE 18 June 2014. -Law concerning consent to the Protocol on the privileges and immunities of the European Organization for nuclear research, done at Geneva on 18 March 2004 (1) (2) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Protocol on the privileges and immunities of the European Organization for nuclear research, done at Geneva on 18 March 2004, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, June 18, 2014.
PHILIPPE by the King: the 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, Mrs A.
TURTELBOOM Finance Minister K. GARG sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Senate (www.senate.be): Documents: 5-2794 annals of the Senate: April 3, 2014 House of representatives (www.lachambre.be): Documents: complete record 53-3546: 2014-04-23.
(2) bound States.
Protocol on the privileges and immunities of the European Organization for nuclear research preamble the States Parties to the present Protocol, whereas the Convention for the establishment of a European Organization for nuclear research (CERN) ("the Organization") and the financial protocol is annexed, signed July 1, 1953, entered into force on 29 September 1954 and modified on January 17, 1971;
Considering that the Organization has its headquarters in Geneva, Switzerland, and 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 September 13, 1965, revised June 16, 1972;
Whereas also the agreement between the Swiss federal Council and the Government of the French Republic dated 13 September 1965 concerning the extension of the scope of the Organization on french territory;
Considering the increasing extension of the activities of the Organization in the respective territories of all States Parties to the Convention, resulting in a substantial increase in the mobility of people and affected property to and used for its research programmes;
Eager to ensure the efficient performance of the functions assigned to the organization by the Convention, in particular Article II, which defines the goals of the Organization, and to ensure equal treatment in the territory of all States Parties to the Convention;
Having decided to this effect, in accordance with Article IX of the Convention, to grant UNIDO the privileges and immunities necessary for the exercise of its official activities;
Have agreed as follows: Article 1 Definitions for the purposes of this Protocol: has) 'Convention' means the Convention for the establishment of a European Organization for nuclear research and the financial protocol y annexed, signed July 1, 1953, entered into force on 29 September 1954 and modified on January 17, 1971;
(b) 'Organization' means the European Organisation for nuclear research;
(c) "official activities" means the activities of the organization described in the Convention, in particular its Article II, including its activities of an administrative nature;
(d) "agents" means "staff members" as defined in the staff regulations and staff regulations of the Organization;
(e) "cooperation agreement" means a bilateral agreement between the Organization and a non-Member State or a scientific Institute established in that State, setting out the conditions governing its participation in the activities of the Organization;
(f) 'association agreement' means a bilateral agreement between the Organization and a State does not meet the conditions to become a Member State, establishing an institutional partnership between the Organization and the State, to a participation further to the activities of the organization.
Section 2 international legal personality 1. The Organization shall enjoy international legal personality and legal capacity in the respective territories of the States Parties to the present Protocol.
2. the Organization has in particular the capacity to contract, to acquire and to dispose of movable and immovable property, as well as to litigate.
Article 3 inviolability of the area, buildings and premises 1. The area, the buildings and the premises of the Organization shall be inviolable.
2. no agent of the public authorities can penetrate without the consent of the Director-general or his duly authorized representative.
3. in the case of fire or other disaster requiring immediate protection measures, when this consent cannot be obtained, the authority of the Director-general can be considered to be granted.
4. the organization does not allow that its buildings or premises serve as refuge for a person wanted for committing, attempted to commit or committing a crime or misdemeanour, or against whom an arrest warrant has been launched or an expulsion order was taken, or who was convicted of a felony or a misdemeanour by the competent authorities.
Article 4 inviolability of archives and documents the archives of the Organization and documents in whatever form it is held by it that belong to him, regardless of the place where they are located or the person holding them, shall be inviolable.
Article 5 immunity from jurisdiction and execution 1. In the exercise of its official activities, the organization enjoys immunity from jurisdiction, except: a) insofar as the Council of the Organization renounce it in a particular case;
(b) in the case of a civil action brought by a third party for the damage resulting from an accident caused by a motor vehicle belonging to the organization or running on its behalf, or infringements to the regulation of traffic involving the supra vehicle;
(c) in the case of enforcement of an arbitral award made pursuant to section 16 or 18 of this Protocol;
(d) in respect of a counter-claim directly related to an application brought by the Organization and introduced in the procedural framework of this application.
2. the properties and assets of the Organization, regardless of where they are located, enjoy immunity against any form of requisition, confiscation, expropriation and receiver and any other form of seizure or interference in executive, administrative, judicial or legislative action, except: a) insofar as the Council of the Organization renounce it in a particular case;
(b) insofar as the prevention of accidents involving motor vehicles belonging to the organization or moving to his account or surveys on such accidents so require temporarily;
(c) in the case of wage garnishments for debt of an officer of the Organization, provided that this garnishee summons is the result of a court decision final and binding, in accordance with the rules in force in the territory of execution.
Article 6 tax and customs Arrangements 1. As part of its official activities, the Organization, its property and income are exempt from direct taxes.
2 when, in the exercise of its official activities, the organization carries out procurement, or use of goods or services of substantial value, whose price includes taxes, duties or other charges, appropriate measures will be taken by the State party to the present Protocol that collected taxes, fees or other charges to delivery or repayment of the amount of these taxes rights or other charges when they are identifiable.
3. the importation and exportation of goods and materials carried out by the organization or for its account in the context of its official activities shall be exempt from all taxes for import and export, duties and other charges.
4. no exemption or refund are granted in relation to taxes, fees or other charges which are simple compensation for services rendered.
5. paragraphs 2 and 3 of this Article shall not apply to the purchase or use of goods or services or the import of goods for the personal use of agents and the Director-general of the organization.
6. goods and equipment belonging to the Organization, acquired or imported in accordance with the provisions of paragraph 2 or 3 of this Article, cannot be sold or transferred within the territory of the State which granted the exemption only to the conditions laid down by the latter.
Article 7 free disposal of funds the organization may receive, hold and transfer all funds, currencies, cash; It may dispose freely 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 material information received or dispatched by the Organization, in any form whatsoever, in the exercise of its activities
official, is not subject to any restriction.
Article 9 Privileges and immunities of the representatives of the States 1. The representatives of the States Parties to the present Protocol shall enjoy, in the exercise of their duties and during their travel to destination or from the place of the meetings of the Organization, the following privileges and immunities: a) immunity from personal arrest, detention and from seizure of their personal effects.
(b) immunity from legal process, even after the end of their mission, for acts, including their lyrics or written, performed by them in the exercise of their functions; However, this immunity does not apply in the case of infringements to the regulation of the use of motor vehicles by a representative of a State party to the present Protocol, or damage caused by a motor vehicle owned or driven by him;
(c) inviolability of all official documents in any form whatsoever;
(d) right to use codes and to receive papers or correspondence by courier or in sealed bags;
(e) exemption for themselves and their spouses all restrictions concerning the entry and registration of aliens;
(f) same facilities as regards monetary regulations or changes as those accorded to representatives of foreign Governments on temporary official missions;
(g) same facilities in customs as those granted to diplomatic agents as regards their personal luggage.
2 any State party to this Protocol is obliged to accord 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 this State, there are permanent residents.
Article 10 Privileges and immunities of officials of the Organization 1.
The officials of the Organization shall enjoy, even after the termination of their functions, the immunity from jurisdiction for acts, including the lyrics and writings, performed by them in the exercise of their functions and within the limits of their powers. This immunity does not apply, however, in the case of an offence to the regulation of the use of motor vehicles made by an officer of the organization or damage caused by a motor vehicle belonging to or driven by him.
2. the officials of the Organization shall enjoy the following privileges: has) the right to import free of duty their furniture and personal belongings on the occasion of their assumption of office at the service of the Organization in the State and the law, then the termination of their functions in that State to export duty-free their furniture and personal effects subject, in both cases the conditions imposed by the laws and regulations of the State where the right is exercised;
b) i) under the conditions and following the procedures laid down by the Council of the Organisation, officers and Executive Director of the Organization are subject to the benefit of, to a tax on salaries and emoluments paid by the organization. Such salaries and emoluments shall be exempt from national income tax;
(ii) the States Parties to the present Protocol are not obliged to exempt from income tax pensions or annuities paid by the Organization to its former officers and Directors-General in respect of services rendered to the Organization;
(c) for themselves and members of their families forming part of their household, the same exemption to restrictions of immigration and registration of foreigners than generally recognized to officials of international organizations;
(d) inviolability of all official documents in any form whatsoever;
(e) for themselves and members of their families forming part of their household the same facilities of repatriation in times of international crisis, as members of diplomatic missions;
(f) with regard to remittances, foreign exchange transactions and customs facilities, privileges typically granted to agents of international organizations.
3. any State party to the present Protocol is obliged to accord the privileges and immunities recognized in paragraphs 2A), c), e) and (f)) of this Article to its own nationals or to persons who, at the time of their taking office in that State, there are permanent residents.
Article 11 social security organization and its agents having a contract of employment are exempt from all compulsory contributions to national social security schemes, on the understanding that these people receive an equivalent social protection provided by the organization.
Article 12 Privileges and immunities of the Director general 1.
Also the privileges and immunities provided for in Articles 10 and 11 of the present Protocol, the Director general has for the duration of the duties of the privileges and immunities recognized by the Vienna Convention of 18 April 1961 on diplomatic relations diplomatic agents of comparable rank.
2 any State party to this Protocol is obliged to accord 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 this State, there are permanent residents.
Article 13 object and limits of immunities 1.
The privileges and immunities provided for in Articles 9, 10 and 12 of this Protocol are granted only to ensure the free operation of the Organization and the complete independence of the persons to which they are granted. They are not granted to the personal benefit of the beneficiaries.
2. these immunities can be raised: has) with regard to the Director general, by the Council of the Organization;
(b) in relation to the agents, by the Director general or the person called to replace pursuant to Article VI, paragraph 1 (b)), of the Convention;
(c) in relation to the representatives of the States, by the State party concerned;
and it is their duty to raise these immunities when they can hinder the proper functioning of justice and that it is possible to give it up without compromising the purpose for which they were granted.
Article 14 Cooperation with States Parties to the present Protocol the organization cooperates with the competent authorities of the States Parties to this Protocol to facilitate the proper administration of justice, the observance of the laws and regulations of police, public health, health, and labour and environmental security, and to prevent any abuse of privileges, immunities and facilities provided for in this Protocol.
Article 15 safety and public order 1. No provision of this Protocol may infringe the right of a State party to the Protocol to take all useful precautions in the interests of its security.
2. If a State party to the present Protocol considers it necessary to take measures for its security or the maintenance of public order, it will begin, except in cases of material impossibility, as soon as circumstances permit, in connection with the Organization to stop, by mutual agreement, the measures necessary for the protection of the interests of the latter.
3. the organization cooperates with the Government of that State party to the present Protocol to avoid interference to the safety and public order by virtue of its activities.
Article 16 private disputes 1. The organization takes the suitable arrangements for the satisfactory resolution: a) disputes arising out of contracts to which the organization is a party;
The organization includes all written contracts that it passes, other than those referred to in paragraph 1 (d)) of this Article, an arbitration clause in accordance with which any dispute arising from the interpretation or execution of the contract is, at the request of the other party, be submitted to arbitration or agreement between the parties, to another appropriate regulation mode;
(b) disputes arising from damage caused by the organization or involving any other non-contractual liability of the Organization;
(c) of disputes involving an official of the organization that enjoys immunity, if such immunity has not been waived in accordance with the provisions of Article 5 of this Protocol;
(d) of disputes between the Organization and its agents.
The Organization shall submit all disputes arising from execution and interpretation of contracts with agents of the Organization in accordance with regulations and staff rules of the Organization to the jurisdiction of the Administrative Tribunal of the international organization of work (ILOAT) or any other international tribunal appropriate jurisdiction which the organization is submitted pursuant to a decision of the Council.
2. for disputes for which no regulation mode was specified in paragraph 1 of this Article, the organization may use any mode of settlement as it deems appropriate, in particular to arbitration or the jurisdiction of a national court.
3. any mode of regulation adopted pursuant to this Article shall be based on the principle of the rule of law, with a view to achieving a settlement of the dispute to compulsory, fair and impartial nature, within a reasonable time.
Article 17 disputes between States Parties to the present Protocol 1. Any divergence of views concerning the application or the interpretation of this Protocol that cannot be settled amicably between the Parties may be submitted by either party to a Court of international arbitration, in accordance with Article 19 of this Protocol.
2. If a State party to this Protocol intends to submit a dispute to arbitration, it shall so notify the Director-general who shall immediately notify each State party to this Protocol of this notification.
Article 18 disputes between States Parties to the present Protocol and organization 1. Any difference of opinion between one or more States Parties to this Protocol and the United Nations concerning the application or interpretation of the Protocol which is not settled out of court between the Parties (one or more States party to the Protocol as a party to the dispute and the Organization the other party) may be submitted by either party to a Court of international arbitration, in accordance with Article 19 of the Protocol.
2. the Director-general shall immediately inform the other States Parties to this Protocol to the notification given by the party requesting arbitration.
Article 19 international Arbitration Tribunal 1.
The international Arbitration Tribunal provided for in blogs 17 and 18 of this Protocol ("the Tribunal") is governed by the provisions of this Article.
2. each party to the dispute shall appoint one member of the Tribunal. The members so appointed will choose agreed a third member, who will preside over the Tribunal. In case of disagreement among the members of the Tribunal on the President's choice, the latter shall be appointed by the President of the International Court of Justice at the request of the members of the Tribunal.
3. If one of the Parties to the dispute fails to appoint a member of the Tribunal and it does not take the necessary measures to that effect within a period of two months following the request of the other party, the latter may ask the President of the International Court of Justice to proceed with the appointment.
4. the Tribunal establishes its own rules of procedure.
5. no appeal may be lodged against the sentence of the Court, which shall be final and shall be imposed on the Parties. In the case of a dispute relating to the content or scope of the award, it will be for the Court to provide an interpretation at the request of either party.
Article 20 implementation of the Protocol. the organization may, if the Council so resolves, additional agreements with one or more States Parties to this Protocol in order to implement the provisions of the 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 the present Protocol.
2. the Director-general shall convene a meeting of States Parties to the present Protocol. If the text of the proposed amendment is adopted by a majority of two-thirds of the States Parties present and voting, it will be forwarded 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 following notification by all States Parties to the present Protocol to the Director general of their ratification, acceptance or approval.
Article 22 special agreements 1. The provisions of the present Protocol do not limit and are without prejudice to those of other international agreements concluded between the Organization and a State party to the present Protocol by virtue of the establishment, in the territory of that State party of its headquarters to regional offices, laboratories or other facilities. In the event of conflict between the provisions of this Protocol and those of such an international agreement, the provisions of the international agreement shall prevail.
2. nothing in this Protocol prohibits to the States which are Parties to conclude 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 is open from December 19, 2003 to December 19, 2004, the signing of the States Parties to the Convention and those States which have concluded an agreement of cooperation or association with the organization.
2. the present Protocol is subject to ratification, acceptance or approval by the signatory States. The instruments of ratification, acceptance or approval shall be deposited with the Director-general of the United Nations Organization for Education, Science and Culture (UNESCO).
3. this Protocol shall remain open to accession by States Parties to the Convention and those States which have concluded an agreement of cooperation or association with the organization. The instruments of accession shall be deposited with the Director-general of the United Nations Organization for Education, Science and Culture (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 which ratifies, accepts, approves or accedes to this Protocol after its entry into force, this Protocol shall enter into force the thirtieth day following the date of the deposit of its instrument of ratification, acceptance, approval or accession with the Director-general of the United Nations Organization for Education, Science and Culture (UNESCO).
Article 25 Notification the Director-general of the Organization of the United Nations for Education, Science and Culture (UNESCO) shall notify all States signatories and members and to 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, and any notification of denunciation.
Article 26 registration upon the entry into force of the present Protocol, the Director general of the United Nations Organization for Education, Science and Culture (UNESCO) will do so register with the Secretariat of the United Nations, in accordance with article 102 of the Charter of the United Nations.
Article 27 denunciation any State party to this Protocol may, at any time, by written notification addressed to the Director-general of the United Nations Organization for Education, Science and Culture (UNESCO), denounce this Protocol. The denunciation shall take effect one year after the date of receipt of this notification, except where a later date in the notification.
IN witness whereof the undersigned representatives, being duly authorized thereto by their respective Governments, have signed the present Protocol.
Done at Geneva, on 18 March 2004, in the English and French languages, both texts being equally authentic, and filed in the archives of the United Nations for Education, Science and Culture (Organization UNESCO). The Director general of this organization will issue a certified copy to all signatory States and acceding.
List of bound States States Date Authentication Type of consent Date consent entry into force local Germany 18/03/2004 Ratification 30/01/2007 01/03/2007 Austria Ratification 25/04/2005 22/02/2007 Belgium adhesion08/07/201407/08/2014 Bulgaria Ratification 02 / 11 / 2006 22/02/2007 Denmark 18/03/2004 Ratification 23/11/2004 22/02/2007 Spain 18/03/2004 Ratification 04/11/2005 22/02/2007 Finland 18/03/2004 Ratification 08 / 04 / 2005 22. 02/2007 Greece 18/03/2004 Ratification 08/02/2007 10/03/2007 Hungary Ratification 15/12/2005 22/02/2007 ISRAEL adhesion06/01/201405/02/2014 Italy 18/03/2004 Ratification 13/06/2008-13/07/2008 Norway membership 30/09/2005 22/02/2007 Netherlands 18/03/2004 acceptance 09/11/2004 22/02/2007 Poland Ratification 01/09/2006 22/02/2007 PORTUGAL 18/03/2004 Ratification 12/14/2007-13/01/2008 United Kingdom 2004Ratification-03-18
2007-01-23 2007-02-22 Slovakia accession 19/09/2005 22/02/2007 Czech REP.
Ratification 16/08/2006 22/02/2007