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Law Approving The Agreement Between The Kingdom Of Belgium And The Republic Of Albania, Bosnia And Herzegovina, The Republic Of Croatia, The Former Yugoslav Republic Of Macedonia, Moldova, Montenegro, The Republic Of Serbi

Original Language Title: Loi portant assentiment à l'Accord entre le Royaume de Belgique et la République d'Albanie, la Bosnie-et-Herzégovine, la République de Croatie, l'ancienne République Yougoslave de Macédoine, la République de Moldavie, le Monténégro, la République de Serbi

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belgiquelex.be - Carrefour Bank of Legislation

18 JUNE 2014. - Act enacting the Agreement between the Kingdom of Belgium and the Republic of Albania, Bosnia and Herzegovina, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the Republic of Moldova, Montenegro, the Republic of Serbia and the United Nations Interim Administration Mission in Kosovo acting on behalf of Kosovo pursuant to Security Council resolution 1244 on the privileges and immunities of the European Secretariat



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 Agreement between the Kingdom of Belgium and the Republic of Albania, Bosnia and Herzegovina, the Republic of Croatia, the former Yugoslav Republic of Macedonia, the Republic of Moldova, Montenegro, the Republic of Serbia and the United Nations Interim Administration Mission in Kosovo acting on behalf of Kosovo pursuant to UN Security Council resolution 1244 on the privileges and immunities of the Secretariat of the Central European Free Trade Agreement, signed in Brussels on 26 June and signed in full June.
Art. 3. This Act is effective June 26, 2008.
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 for 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
Minister of Finance,
K. GEENS
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Senate (www.senate.be):
Documents: 5-2760
Annales du Senate : 04/03/2014
House of Representatives (www.lachambre.be):
Documents: 53-3540
Full report : 23/04/2014.
(2) See Decree of the Flemish Community/Flemish Region of 18 December 2009 (Belgian Monitor of 27 January 2010), Decree of the French Community of 31 May 20.12 (Belgian Monitor of 11 July 2012 - Ed. 2), Decree of the German-speaking Community of 19 April 2010 (Belgian Monitor of 19 May 2010), Decree of the Walloon Region of 21 June 2012 (Belgian Region of 2 July 2012)
(3) Related states.

AGREEMENT BETWEEN THE KINGDOM OF BELGIUM AND THE REPUBLIC OF ALBANIA, BOSNIA AND HERZEGOVINA, THE REPUBLIC OF CROATIA, THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA, THE REPUBLIC OF MOLDOVA, MONTENEGRO, THE REPUBLIC OF SERBIA
THE KINGDOM OF BELGIUM,
(hereinafter referred to as « Belgium » on the one side)
and
THE REPUBLIC OF ALBANIA, BOSNIA AND HERZEGOVINA, THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA, THE REPUBLIC OF MOLDOVA, MONTENEGRO, THE REPUBLIC OF SERBIA AND THE UNITED NATIONS INTERIM ADMINISTRATION MISSION IN KOSOVO ON BEHALF OF KOSOV NATIONS IN ACCORDANCE WITH
(hereinafter referred to as « THE CEFTA PARTIES », on the other side)
HAVING regard to Articles 40, 41 and 42 of Annex 1 to the Agreement on the Amendment of and the Accession to the Central European Free Trade Agreement done in Bucharest on 19 december 2006 (hereinafter "CEFTA 2006"), establishing a Joint Committee composed of the representatives of the CEFTA Parties;
CONSIDERING in particular Article 40.2 of Annex 1 to CEFTA 2006 according to which the Joint Committee will be supported by a permanent secretariat, located in Brussels, and will decide on the functions and administrative rules of the secretariat;
CONSIDERING Article 5 of Decision No 7/2007 of the Joint Committee of the Central European Free Trade Agreement, adopted on september 28, 2007, on the legal status of the secretariat, and in particular its paragraph 3 according to which the CEFTA Parties will negotiate and conclude a « headquarters » or similar agreement with the host country;
WISHING to conclude such an agreement to determine the privileges and immunities necessary for the functioning of the secretariat of the Central European Free Trade Agreement and for the successful accomplishment of the mission of its staff,
HAVE AGREED as follows:
CHAPTER I
Personality, privileges and immunities of the secretariat
ARTICLE 1
For the purpose of this Agreement :
(a) Host Country means the Kingdom of Belgium;
(b) CEFTA Parties means the Parties of the Agreement on Amendment of and the Accession to the Central European Free Trade Agreement, done at Bucharest on 19 December 2006;
(c) Secretariat means the Secretariat of the Central European Free Trade Agreement pursuant to the Article 40.2 and Article 41.5 of Annex 1 to the Agreement on the Amendment of and the Accession to the Central European Free Trade Agreement;
(d) " Director" means a person appointed as the Head of the Secretariat of the Central European Free Trade Agreement;
e) " Staff" means the members of the Secretariat as notified to the Protocol Service of the Federal Public Service Foreign Affairs in accordance with Article 19.3 of this agreement.
ARTICLE 2
The Secretariat shall have international legal personality and capacity. The Secretariat will have such legal capacity as is necessary for the exercise of its functions, including the capacity to conclude contracts, to acquire and dispose of movable and immovable property and to institute and participate in legal proceedings.
ARTICLE 3
The Secretariat, as well as its properties and assets used for the exercising of the official functions of the Secretariat, shall enjoy legal immunity except where expressly renounced by the Secretariat.
ARTICLE 4
1. The properties and assets of the Secretariat used for the exercising of its official functions may not be subject to any form of requisition, confiscation, sequestration nor to any other form of seizure or constraint.
2. Should any form of expropriation be necessary, all appropriate action will be taken to prevent the exercising of the functions of the Secretariat being impeded in any way. In this case Belgium will give its assistance to enable relocation of the Secretariat.
ARTICLE 5
The archives of the Secretariat, and, in a general way, all documents of the Secretariat or those held by it shall be inviolable.
ARTICLE 6
1. The premises used exclusively for the exercising of the official functions of the Secretariat are inviolable. Permission by the representative of the Secretariat shall be required for access to its premises.
2. This permission, however, shall be assumed to be given in case of emergencies requiring prompt protective action.
3. Belgium shall take all appropriate measures to prevent invasion or damage to the Secretariat premises, to prevent the peace of the Secretariat being disturbed or its dignity being diminished in any way.
ARTICLE 7
1. Without prejudice to the international provisions and to the relevant provisions of the European Community the Secretariat may hold in Belgium currency of any kind and operate accounts in all currencies insofar as necessary for the execution of operations corresponding to its aim.
2. Belgium undertakes to grant the Secretariat all authorisations necessary to freely transfer, according to the modalities provided for in the applicable national regulations and international agreements, funds necessary for the setting up and operation of the Secretariat.
ARTICLE 8
The Secretariat, its properties, its incomes and other goods destined for its official use shall be exempt from all direct taxes.
ARTICLE 9
When the Secretariat makes substantial purchases of movable or immovable goods or has substantial services performed that are strictly necessary for the exercising of its official activities and where the price includes indirect taxes or VAT, appropriate measures shall be taken whenever possible with a view to the remission or reimbursement of the amount of these taxes.
ARTICLE 10
No exemption from direct and indirect taxes shall be granted for incomes of the Secretariat which originate from an industrial or commercial activity exercised by the Secretariat or by one of its members for the Secretariat.
ARTICLE 11
The Secretariat shall be exempt of all indirect taxes regarding goods imported, acquired or exported by it or in its name for its official use.
ARTICLE 12
Without prejudice to the obligations arising for Belgium from the treaties concerning the European Union and the application of legal and regulatory provisions regarding public order, security, health or morals, the Secretariat may import all goods and publications destined for its official use.
ARTICLE 13
The Secretariat shall be exempt from all indirect taxes regarding the official publications that it receives or sends abroad.
ARTICLE 14
The goods belonging to the Secretariat cannot be disposed of in Belgium except under conditions provided by Belgian laws and regulations.
ARTICLE 15
The Secretariat shall not be exempt from taxes and duties that are, in fact, no more than charges for public utility services.
ARTICLE 16
Freedom of communication for its official purposes shall be guaranteed to the Secretariat. Its official correspondence shall be inviolable.
ARTICLE 17
Without prejudice to the obligations arising for Belgium from the treaties concerning the European Union and the application of laws and regulations, the conditions and procedures for the application of Articles 8, 9, 10, 11, 12, 13 and 14 shall be determined by the competent minister of Finance.
CHAPTER II
Legal position of the Director and Staff
ARTICLE 18
1. The Director and one additional staff member who replaces the Director in case of his/her absence shall enjoy the immunities, privileges and facilities granted to the members of the diplomatic personnel of diplomatic missions. Their spouse and dependent minor children, living under the same roof, shall enjoy the privileges granted to the spouses and to the minor children of the diplomatic personnel.
2. For the application of taxes on income and taxes on capital, elements of income or of capital of the Director and the staff member mentioned in paragraph 1 of this article shall be taxable in the country where they are considered as resident at the time of their taking up their duties, in accordance with the provisions of the conventions on the avoidance of double taxation.
ARTICLE 19
1. The staff of the Secretariat shall enjoy :
a) legal immunity for acts performed in their official capacity, including words written or spoken; such immunity shall apply even after they have left the service;
(b) inviolability of all official papers and documents.
2. The staff of the Secretariat, as well as their legal spouse and their dependent minor children, living under the same roof, shall enjoy exemption from measures restricting immigration and from aliens registration formalities. This exemption shall be given in accordance with Belgian legislation on the matter.
3. The Secretariat shall notify the Protocol Service of the Federal Public Service Foreign Affairs of the arrival and final departure of its staff and shall also provide the following specific information about the staff such as:
(a) surname and first name;
(b) place and date of birth;
(c) sex;
(d) nationality;
(e) permanent residence (town, street, number);
(f) civil status;
(g) composition of the family;
h) the social security scheme chosen by the staff member.
The Protocol Service of the Federal Public Service Foreign Affairs shall be notified, within two weeks, of any changes to the above-mentioned data.
ARTICLE 20
1. Without prejudice to the obligations arising for Belgium from the treaties concerning the European Union and to the application of laws and regulations, the staff members of the Secretariat, except the persons referred to in Article 18, shall enjoy the right, during a period of twelve months following their first taking up their duties in Belgium, to import or purchase, in exemption of import duties and value added tax (VAT), furniture and a motor vehicle for their personal use in Belgium.
2. The competent minister for Finance shall determine the limits and conditions under which this Article applies.
ARTICLE 21
Belgium shall not be bound to extend to its own nationals or to permanent residents the advantages, privileges and immunities granted under this Agreement.
ARTICLE 22
For the exercising of their official functions within the Secretariat, the staff of the Secretariat shall not be subject to Belgian legislation on employment of foreign workers and on the exercising of professional self-employed activities by foreigners.
ARTICLE 23
The Secretariat shall issue, before the 1st of March of each year, to all beneficiaries a form specifying, besides their names and addresses, the amount of the salaries, emoluments and indemnities, pensions or annuities paid to them by the Secretariat during the course of the previous year.
Besides, the Secretariat shall send before the same date a duplicate of this form directly to the competent Belgian Fiscal Administration.
ARTICLE 24
1. The staff members of the Secretariat who are not Belgian nationals or who are not permanently residing in Belgium and are not exercising in Belgium any other gainful activity except that required by their functions, can choose to be covered by the social security schemes applicable to the staff members of the Secretariat under the rules provided for by those schemes. This right of option must be exercised by the staff member within two weeks of his first taking up his duties, and must be notified, within the same delay, in accordance with Article 19.3.
2. The Secretariat will ensure coverage by the Belgian social security system of its Belgian staff members or permanent residents, as well as of its staff members who have not opted for coverage by the social protection schemes provided by the Secretariat itself.
3. The Secretariat undertakes to guarantee its staff members posted in Belgium who are covered by its own social security schemes, as well as their legal spouse and their dependent children, living under the same roof, referred to in Article 19.2, advantages equivalent to those provided by the Belgian social security system.
4. Servants engaged by the Secretariat who do not occupy a permanent position considering the mission and the statutory regulations of the Secretariat will be covered by the Belgian social security system.
5. Belgium can obtain from the Secretariat the repayment of costs incurred for any aid having a social character it may have to provide to staff members posted to the Secretariat who are covered by the social security schemes applicable to staff members of the Secretariat.
CHAPTER III
General provisions
ARTICLE 25
The privileges and immunities are granted to the staff of the Secretariat only in the interest of the Secretariat and not for their personal advantage. The Director or the Joint Committee, as the case may be, shall waive all immunity whenever the immunity would impede the course of justice and such waiver does not prejudice the proper functioning of the Secretariat.
ARTICLE 26
Without prejudice to the rights conferred upon the Secretariat and its staff by this Agreement, Belgium reserves the right to take all necessary precautions in the interest of its security.
ARTICLE 27
1. The persons referred to in Articles 18 and 19 shall not enjoy any legal immunity regarding motor traffic offences or damages caused by a motor vehicle.
2. The Secretariat and its staff shall comply with all obligations imposed by Belgian legislation concerning civil liability insurance for the use of any motor vehicle.
ARTICLE 28
The Secretariat and its staff shall cooperate at all times with the appropriate Belgian authorities to facilitate the proper administration of justice, to ensure observation of police regulations and to prevent the occurrence of any abuse in connection with the immunities and privileges provided for in this Agreement.
ARTICLE 29
The Secretariat and its staff shall comply with Belgian laws and regulations and with judgments rendered against them.
ARTICLE 30
Belgium shall have no international responsibility whatsoever for the activities of the Secretariat on its territory as regards the acts or omissions of the Secretariat or of its staff acting or failing to act in the exercise of their functions.
ARTICLE 31
1. Any difference of views regarding the application or interpretation of this Agreement, which cannot be resolved through direct negotiations between Belgium and the CEFTA Parties, may be submitted, by one of the Parties, to an arbitral tribunal composed of three members.
2. Belgium and CEFTA Parties shall each appoint one arbitrator.
3. The third arbitrator shall be appointed by both Belgium and the CEFTA Parties upon consultation.
4. The third arbitrator shall be the President of the arbitral tribunal.
5. In case of disagreement on the choice of the third arbitrator, the third arbitrator shall be appointed by the President of the International Court of Justice at the request of Belgium and the CEFTA Parties.
6. The dispute shall be brought to the arbitral tribunal upon application of either Belgium or the CEFTA Parties.
7. The arbitral tribunal shall determine its own procedure.
CHAPTER IV
Final provisions
ARTICLE 32
This Agreement shall be subject to ratification, acceptance or approval by the Parties in accordance with their internal constitutional and legal procedures.
The instruments of ratification, acceptance or approval shall be deposited with the Government of the Kingdom of Belgium (Federal Public Service Foreign Affairs, Foreign Trade and International Cooperation).
This Agreement shall enter into force on the thirtieth day following the date of the receipt of the instruments of four signatory CEFTA Parties, in addition to the Kingdom of Belgium, to the effect that the internal formalities required for entry into force have been observed. The Agreement shall enter into force with respect to the other CEFTA Parties at the respective dates of the deposit of their instrument of ratification, acceptance or approval.
This Agreement can be revised at the request of both Belgium and the Joint Committee of the CEFTA Parties. Amendments to this Agreement shall enter into force in accordance with the provisions of the above paragraphs.
The Agreement shall be considerd as denounced by a CEFTA Party from the date of this Party's withdrawal from CEFTA.
ARTICLE 33
The Government of the Kingdom of Belgium shall be the depositary of this Agreement. The original for the CEFTA Parties will be filed with the Government of the Kingdom of Belgium, depositary of this Agreement, which shall send a certified and authenticated copy thereof to all Parties.
IN WITNESS WHEREOF, the Representatives of the Kingdom of Belgium and of the Republic of Albania, of Bosnia and Herzegovina, of the Republic of Croatia, of the former Yugoslav Republic of Macedonia, of the Republic of Moldova, of Montenegro, of the Republic of Serbia and of the United Nations Interim Administration Mission in Kosovo on behalf of Kosovo in accordance with United Nations Security Council Resolution 1244, have signed this Agreement in a single authentic copy in the English language.
DONE in Brussels, on 26th June 2008.
(English)
OF THE UNITED NATIONS ADDRESSED TO THE PRESIDENT OF THE SECURITY COUNCIL
LE ROYAUME DE BELGIQUE, DENOMME CI-APRES « LA BELGIQUE », on the one hand
And
LA REPUBLIQUE D'ALBANIE, LA BOSNIE-ET-HERZEGOVINE, LA REPUBLIQUE DE CROATIE, L'ANCIENNE REPUBLIQUE YOUGOSLAVE DE MACEDOINE, LA REPUBLIQUE DE MOLDAVIE, LE MONTENEGRO, LA REPUBLIQUE DE SERBIE ET LA UNITED NATIONS INTERIM ADMINISTRATION MISSION IN KOSOV
Having regard to Articles 40, 41 and 42 of Annex 1 to the Aggreement on the Amendment of and the Accession to the Central European Free Trade Agreement, done at Bucharest on 19 December 2006 (hereinafter "CEFTA 2006"), establishing a Joint Committee composed of representatives of the Parties to the CEFTA;
Considering in particular Article 40.2 of Annex 1 to CEFTA 2006, according to which the Joint Committee will be supported by a permanent secretariat, located in Brussels, and will determine the functions and administrative rules of the secretariat;
Considering Article 5 of Decision No. 7/2007 of the Joint Committee of the Central European Free Trade Agreement, adopted on 28 September 2007, concerning the legal status of the secretariat, and in particular paragraph 3 thereof, that the Parties to CEFTA will negotiate and conclude a "seat agreement" or similar agreement with the host country;
Desiring to conclude such an agreement with a view to determining the privileges and immunities necessary for the functioning of the secretariat of the Central European Free Trade Agreement and for the proper fulfilment of the mission of its staff,
The following agreed:
CHAPTER Ier. - Personality, privileges and immunities of the secretariat
ARTICLE 1er. For the purposes of this Agreement:
(a) "the host State" is the Kingdom of Belgium;
(b) "Parties to CEFTA" are Parties to the Amendment of and the Accession to the Central European Free Trade Agreement, made in Bucharest on 19 December 2006;
(c) "the Secretariat" is the Secretariat of the Central European Free Trade Agreement, in accordance with Articles 40.2 and 41.5 of Appendix 1 to the Amendment of and the Accession to the Central European Free Trade Agreement;
(d) "the director" is the person appointed as head of the Central European Free Trade Agreement Secretariat;
(e) "staff members" are Secretariat members notified to the management of the Federal Public Service Protocol for Foreign Affairs in accordance with Article 19.3 of the Agreement.
ARTICLE 2. International legal personality and capacity are recognized in the Secretariat. The Secretariat has the legal personality to the extent necessary to carry out its mission, in particular the ability to enter into contracts, acquire and dispose of furniture and real estate and to prosecute.
Article 3. The Secretariat and its assets and assets used for the performance of its official duties shall enjoy immunity from jurisdiction except to the extent that the Secretariat expressly waives it.
Article 4. The assets and assets of the Secretariat used for the performance of its official duties may not be subject to any form of requisition, confiscation, sequester or other form of seizure or constraint.
2. If an expropriation was necessary, all appropriate steps would be taken to prevent it from being hindered in the performance of the functions of the Secretariat. In this case, Belgium would provide its assistance to allow the relocation of the Secretariat.
Article 5. The Secretariat's archives and, in general, all documents belonging to him or her are inviolable.
Article 6. The premises used exclusively for the performance of the official functions of the Secretariat are inviolable. The consent of the Secretariat representative is required for access to its premises.
2. However, this consent is presumed to be acquired in the event of a claim requiring immediate protection.
3. Belgium will take all appropriate measures to prevent the Secretariat's premises from being invaded or damaged, the peace of the troubled Secretariat or its diminished dignity.
Article 7. Without prejudice to the international provisions and European Community provisions in this regard, the Secretariat may hold all currencies and have accounts in all currencies to the extent necessary for the execution of the operations that are relevant to its purpose.
2. Belgium undertakes to grant it the necessary authorizations to carry out, in accordance with the terms set out in the applicable national regulations and international agreements, all movements of funds to which the constitution and activity of the Secretariat will take place.
ARTICLE 8. The Secretariat, its assets, income and other property are exempt from all direct taxes.
ARTICLE 9. Where the Secretariat makes significant purchases of real property or furniture or performs important service benefits, strictly necessary for the performance of its official activities and the price of which includes indirect duties or VAT, appropriate arrangements are made whenever possible for the remission or repayment of the amount of such duties and taxes.
Article 10. No direct or indirect tax exemption is granted for Secretariat revenues derived from industrial or commercial activity that would be carried out by the Secretariat or by one of its members on behalf of the Secretariat.
ARTICLE 11. Is the Secretariat exempt from any indirect taxes on imported goods, acquired???
ARTICLE 12. Without prejudice to Belgium's obligations with respect to European Union treaties and the application of legal and regulatory provisions concerning public order, security, health or morals, the Secretariat may import all goods and publications intended for its official use.
ARTICLE 13. The Secretariat is exempt from any indirect taxes in respect of official publications intended for it or sent abroad.
ARTICLE 14. Property belonging to the Secretariat may only be disposed of in Belgium under the conditions prescribed by Belgian laws and regulations.
ARTICLE 15. The Secretariat is not exempted from taxes, taxes or fees that are merely the remuneration of public utility services.
ARTICLE 16. La liber ion de communicat ion du Secrétariat pour ses fins officielles est garantie. His official correspondence is inviolable.
ARTICLE 17. Without prejudice to Belgium's obligations to the European Union treaties and to the application of the legal and regulatory provisions, the terms and conditions for the application of sections 8, 9, 10, 11, 12, 13 and 14 are determined by the competent Minister of Finance.
CHAPTER II. Staff regulations
Article 18. The Director and a staff member who replaces the Director in the event of absence of the Director shall be accorded the immunities, privileges and facilities recognized to diplomatic personnel in diplomatic missions. Their spouse and their minor children, dependant and living in their homes, benefit from the benefits recognized to the spouse and children under diplomatic personnel.
2. For the purposes of income and property tax, income and assets of personnel referred to in paragraph 1er of this Article shall be taxable in the State where they are deemed to be residents at the time of their taking office in accordance with the provisions of the preventive conventions of double taxation.
Article 19. All staff members benefit from:
(a) immunity from jurisdiction for acts performed in their official capacity, including their words and writings, that immunity persists after termination of their duties;
(b) Inviolability for all official documents and documents.
2. All staff members, as well as their legal spouse and minor children, dependent and living in their homes, are not subject to immigration or registration procedures for foreigners. This exemption is granted in accordance with Belgian legislation.
3. The Secretariat shall notify the arrival and departure of its staff to the direction of the Federal Public Service Protocol for Foreign Affairs and shall also notify the following information regarding all staff members:
(a) name and name;
(b) place and date of birth;
(c) sex;
(d) nationality;
(e) Main residence (community, street, number);
(f) civil status;
(g) household composition;
(h) the social protection system chosen by the staff member.
Any changes to the data specified above shall be reported within two weeks to the Federal Public Service Protocol for Foreign Affairs.
Article 20. Without prejudice to the obligations that arise for Belgium of the treaties relating to the European Union and the application of the legal and regulatory provisions, staff members, other than those referred to in Article 18, shall enjoy the right during the twelve-month period following their first taking of functions to import or acquire, free from customs duties and the Value-added Tax, furniture and a car intended for their personal use.
2. The appropriate Minister of Finance sets out the limits and conditions of application of this section.
ARTICLE 21. Belgium is not required to grant to its own permanent nationals or residents the benefits, privileges and immunities granted by this Agreement.
ARTICLE 22. For the performance of their official duties with the Secretariat, staff members are not subject to Belgian legislation in the field of foreign labour and in the field of the exercise by foreigners of independent professional activities.
ARTICLE 23. The Secretariat will submit before 1er March of each year to all beneficiaries a form specifying in addition to their name and address, the amount of salaries, emoluments, allowances, pensions or annuities paid by the Secretariat during the previous year.
Similarly, the double sheets will be transmitted directly by the Secretariat before the same date to the competent Belgian tax administration.
Article 24. Staff members of the Secretariat who are not Belgian nationals or permanent residents of Belgium and who do not exercise any other occupation of a lucrative nature other than that required by their functions may opt for affiliation with the social security regimes applicable to officials and agents of the Secretariat according to the rules of these regimes. This right of option must be exercised within two weeks of the employee's or officer's appointment. It shall, within the same period, be notified in accordance with Article 19.3.
2. The Secretariat will ensure the affiliation with the Belgian social security system of Belgian staff or permanent residents, as well as staff members who have not opted for social protection provided by the Secretariat itself.
3. The Secretariat is committed to ensuring that members of staff in Belgium who are affiliated with its social security regimes, as well as their legal spouse and their minor children, dependent and living in their homes, as referred to in Article 19.2, benefits equivalent to those provided for by the Belgian social security system.
4. Agents hired by the Bureau who do not occupy a permanent job of the Secretariat in relation to the mission and statutory rules of the Secretariat, as well as their dependants, will be affiliated with the Belgian social security system.
5. Belgium may obtain Secretariat the reimbursement of costs incurred for any social assistance that it would be required to provide to staff members of the Secretariat who are affiliated with the social security regimes applicable to officials and agents of the Secretariat.
CHAPTER III. - General provisions
ARTICLE 25. Privileges and immunities are granted to Secretariat staff only in the interest of the Secretariat and not to their personal benefit. The Director or, where appropriate, the Joint Committee shall waive immunity in all cases where such immunity would hinder the action of justice and may be lifted without prejudice to the proper functioning of the Secretariat.
ARTICLE 26. Without prejudice to the rights conferred on the Secretariat and its staff by this Agreement, Belgium retains the right to take all necessary precautions in the interest of its security.
Article 27. The persons referred to in sections 18 and 19 shall not enjoy immunity from jurisdiction in respect of cases of violations of the regulations on the movement of motor vehicles or of damage caused by a motor vehicle.
2. The Secretariat and its staff members must comply with all obligations under Belgian civil liability insurance law for the use of any motor vehicle.
ARTICLE 28. The Secretariat and all members of its staff will cooperate at all times with the competent Belgian authorities to facilitate the proper administration of justice, to ensure compliance with police regulations and to avoid any abuse of privileges, immunities and facilities provided for in this Agreement.
ARTICLE 29. The Secretariat and all members of its staff are required to comply with Belgian laws and regulations as well as court decisions.
Article 30. Belgium does not rely on the Secretariat's activity in its territory any international responsibility whatsoever for the acts and omissions of the Secretariat or for those of its staff acting or abstaining in the course of their duties.
Article 31. Any discrepancy with respect to the application or interpretation of this Agreement, which could not be resolved by direct talks between Belgium and the Parties to CEFTA, may be submitted by one of the Parties to the appraisal of an arbitration tribunal composed of three members.
2. Belgium and the CEFTA Parties shall each designate a member of the arbitration tribunal.
3. The third member of the Arbitration Court is designated by Belgium and the Parties to the CEFTA after consultation.
4. The third member will be the President of the Arbitration Court.
5. In the event of disagreement with the person of the third member of the Arbitration Court, the latter is designated by the President of the International Court of Justice at the request of Belgium and Parties to the CEFTA.
6. The arbitration tribunal shall be seized by Belgium or by the Parties to the CEFTA by way of a request.
7. The Arbitration Court sets out its own procedure.
CHAPTER IV. - Final provisions
ARTICLE 32. This Agreement shall be ratified, accepted or approved by Belgium and by the Parties to CEFTA in accordance with their domestic constitutional and legal procedures.
Instruments of ratification, acceptance or approval will be deposited with the Belgian government (Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation).
This Agreement shall enter into force on the thirtieth day after the date of the deposit by four Parties to the CEFTA, as well as by Belgium, of instruments notifying the fulfilment of the domestic constitutional and legal procedures required for its implementation. The Agreement shall enter into force for other Parties to CEFTA on the respective dates of the deposit of their instrument of ratification, acceptance or approval.
This Agreement may be subject to review at the request of Belgium or the Joint Committee of CEFTA. The amendments to this Agreement shall enter into force in accordance with the provisions of the preceding paragraph.
This Agreement shall be deemed to be denounced by a Party to CEFTA from the date of withdrawal of that Party from CEFTA.
ARTICLE 33. The Belgian Government will be the depositary of this Agreement.
The original for the Parties to CEFTA will be deposited with the Belgian Government, depositary of this Agreement, which will send a certified copy to each of the Parties to CEFTA.
In faith, the representatives of the Kingdom of Belgium and the Republic of Albania, Bosnia and Herzegovina, the Republic of Croatia, the Former Yugoslav Republic of Macedonia, the Republic of Moldova, Montenegro, the Republic of Serbia and the United Nations Interim Administration Mission in Kosovo on behalf of Kosovo pursuant to resolution 1244 of the Security Council of the United Nations, duly mandated to that effect, signed the Agreement.
Done in Brussels on 26 June 2008.

List of related States

*** The Agreement did not enter into force with respect to the Republic of Croatia, which became a Member State of the European Union from 1er July 2013.