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Law Approving The Protocol Of Amendment (Amendments To The Convention Establishing The European Centre For Weather Forecasts In The Medium Term As Well As To The Protocol On The Privileges And Immunities Of The European Centre For The Forecasts

Original Language Title: Loi portant assentiment au Protocole d'amendement (amendements à la Convention portant création du Centre européen pour les prévisions météorologiques à moyen terme, ainsi qu'au Protocole sur les privilèges et immunités du Centre européen pour les prévisi

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belgiquelex.be - Carrefour Bank of Legislation

23 June 2008. - An Act to approve the Protocol of Amendment (amendments to the Convention to establish the European Centre for Medium-term Weather Forecasts, as well as to the Protocol on Privileges and Immunities of the European Centre for Medium-term Weather Forecasts, signed in Brussels on 11 October 1973), adopted on 22 April 2005 (1) (2)



ALBERT II, 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 Amending Protocol (amendments to the Convention establishing the European Centre for Medium-term Weather Forecasts, as well as to the Protocol on Privileges and Immunities of the European Centre for Medium-term Weather Forecasts, signed in Brussels on 11 October 1973), adopted on 22 April 2005, will be effective.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 23 June 2008.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Minister of P.M.E., Independents, Agriculture and Science Policy,
Mrs. S. LARUELLE
Seal of the State Seal:
Minister of Justice,
J. VANDEURZEN
____
Notes
(1) Session 2007-2008.
Senate.
Documents. - Bill tabled on 30 January 2008, No. 4-542/1. - Report, number 4-542/2.
Annales parliamentarians. - Discussion and voting. Session of February 28, 2008.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 52-917/1. - Text adopted in plenary and subject to Royal Assent, No. 52-917/2.
Annales parliamentarians. - Discussion and voting. Session of May 15, 2008.
(2) See the decree of the Flemish Community/the Flemish Region of 27 June 2008 (Belgian Monitor of 22 August 2008 - Ed. 1), the decree of the French Community of 30 April 2009 (Belgian Monitor of 2 July 2009 - Ed. 1), the decree of the German-speaking Community of 23 March 2009 (Belgian Monitor of 21 April 2009 - Ed. 1), the decree of the Walloon Region of 30 April 2009 (Moniteur

Amending Protocol (amendments to the Convention establishing the European Centre for Medium-term Weather Forecasts)
The Council of the European Centre for Medium-term Weather Forecasts (CEPMMT, the Centre), in accordance with Article 18 (1) of its Convention, recommends that Member States accept the following amendments to the Convention establishing the Centre:
In the German, French, Italian and Dutch versions of the entire Convention, references to paragraphs/subparagraphs of the articles are made by citing the figures/letters in brackets.
In the Dutch version of the Convention as a whole, the word " Overeenkomst" is replaced by "Contentious".
In the Dutch version of the entire Convention, the words "Lid-Staat" and "Lid-Staten" are replaced by "Lidstaat" and "Lidstaten".
In the Dutch version of the entire Convention, the word "artikel" is replaced by "Artikel".
In the Dutch version of the entire Convention, the words "paragraaf" and "alinea" are replaced by "lid" and the words "paragrafen" and "alinea's" by "leden".
In the Dutch version of the entire Convention, the word "begrotingsjaar" is replaced by "boekjaar".
The phrase "States Parties to this Convention" is added before "Determinants".
The "considerations" are replaced by the following:
"Acknowledging that threats to atmospheric conditions, for life, health, economy and goods, are increasingly important;
Convinced that improving the medium-term weather forecast contributes to the protection and safety of the population;
Convinced further that scientific and technical research undertaken to this effect provides an excellent impetus to the development of meteorology in Europe;
Considering that, in order to achieve this goal and these objectives, it is necessary to implement means as they generally exceed the national framework;
Noting the interest of the European economy in an important improvement in the medium-term weather forecast;
Reaffirming that the establishment of an autonomous European centre with international status is the appropriate means to achieve this goal and objectives;
Convinced that such a centre may make valuable contributions to the development of a scientific environmental monitoring base;
Noting that such a centre may contribute, on the other hand, to the ongoing training of scientists;
Assuring that the activities of such a centre will, in addition, provide a necessary contribution to certain programmes of the World Meteorological Organization (WMO) and other interested organizations;
Considering the interest that the creation of such a centre can, moreover, present for the development of the European industry in the field of computing;
Realizing the desire to extend the membership of such a centre to a greater number of states; »
The paragraph: "has decided to create... [including the lists of plenipotentiaries]... recognized in due form" is deleted.
In the Dutch version, the phrase "Overeenkomst hebben Bereikt Omtrent de Volgende Bepalingen :" is replaced by "komem het volgende overeen :".
Article 1er
Title of Article 1er is: " Creation, Council, Member States, seat, languages".
Article 1er (2), the word "Director" is replaced by "Director General". In the Italian version, the expression "Comitato consulivo scientifico" is replaced by "Comitato Scientifico Consultivo" and the expression "Comitato finanziario" by "Comitato Finanze". In the Dutch version, the term "een Wetenschappelijk Raadgevend Committee" is replaced by "een Wetenschappelijke Adviescommissie" and the term " Financieel Committee" by " Financiële Commissie".
A sentence is added to article 1er (5): "... unless the Commission decides differently in accordance with section 6 (1) (g)".
Article 1er (6) is amended to read:
« 6. The official languages of the Centre are the official languages of the Member States.
His working languages are German, English and French.
The Commission determines, in accordance with section 6 (2) (1), the extent to which official languages and working languages are used, respectively. »
Article 2
The title of Article 2 is "objectives, objectives and activities".
In section 2, a new subsection (1) is inserted:
“1. The main aims of the Centre are the development of a medium-term meteorological forecasting capacity and the provision of medium-term weather forecasts to member states."
Section 2 (2) renumbered is introduced by the phrase "The Centre has its objectives".
In section 2, subsection (1) (a) is replaced by subsection (2) (a):
"(a) develop and operate on a regular basis global models and data assimilation systems, relevant to the dynamics, thermodynamics and composition of the Earth's fluid envelope and components in Earth system interaction, with a view to:
(i) establish forecasts using digital methods;
(ii) provide initial conditions for these estimates; and
(iii) contribute to the monitoring of relevant Earth system components; »
Section 2 (1) (b) is deleted.
Section 2 (1) (c) is renumbered 2 (2) (b).
In section 2, subsection (1) (d) is replaced by subsection (2) (c):
"(c) collect and store appropriate data; "
In section 2, subsection (1) (e) is replaced by subsection (2) (d):
“(d) to make available to member States in the most appropriate form, the results stipulated in (a) and (b) and the data mentioned in (c); "
In section 2, subsection (1) (f) is replaced by subsection (2) (e):
“(e) to make available to Member States, for their research, as a priority in the field of digital meteorological forecasts, an adequate percentage, to be determined by the Council, its computing capacity; "
In section 2, subsection (1) (g) is renumbered (2) (f). In the English version, the word "Organization" is replaced by "Organization". In the Dutch version, the term Meteorologische Wereldorganisatie is replaced by "Wereld Meteorologische Organisatie".
In section 2, subsection (1) (h) is replaced by subsection (2) (g):
"(g) contribute to the development of scientific staff of member States in the field of digital weather forecasting. »
In section 2, subsection (2) is replaced by subsection (3):
“3. The Centre shall establish and operate the facilities necessary to achieve the purposes defined in subsection (1) and the objectives set out in subsection (2). »
Section 2 (3) is renumbered 2 (4).
In section 2, a new subsection (5) is inserted:
« 5. The Centre may conduct activities requested by third parties, which are not in conflict with its purposes and objectives and are approved by the Commission in accordance with section 6 (2) (g). The cost of these activities lies with the third party concerned. "
In section 2, a new subsection (6) is inserted:
« 6. The Centre may conduct optional programs in accordance with section 11 (3). »
Article 3
The title of Article 3 is "Cooperation with other entities".
In section 3 (1) of the Dutch version, the word "doeleinden" is replaced by "doelstellingen".
In section 3 (2), the introductory sentence is amended to read as follows: "The Centre has the power to enter into cooperation agreements for this purpose".
In section 3 (2) (a), the reference to section 6 (1) (e) is replaced by a reference to section 6 (1) (e) or 6 (3) (j).
In section 3 (2) (b), the reference to section 6 (3) (k) is replaced by a reference to section 6 (3) (j). In the Dutch version, the word "organisaties" is replaced by "instanties".
In section 3 (2), a new subparagraph (c) is added:
"(c) with national scientific and technical bodies of non-member States, under the conditions set out in section 6 (1) (e). »
Article 4
The title of Article 4 is "The Council".
In section 4 (2) of the English version, the word "Organization" is replaced by "Organization". In the Dutch version, the expression "national weerkundige dienst" is replaced by "national meteorologische dienst" and the expression "Megeorologische Wereldorganisatie" by "Wereld Meteorologische Organisatie".
In section 4 (5), the word "Director" is replaced by "Director General".
In section 4 (6) of the Dutch version, the term " van raadgevende aard" is replaced by "adviescommissies".
Article 5
The title of Article 5 is "Voting to the Council".
In section 5 (2), the reference to section 6 (3) (m) is replaced by a reference to section 6 (3) (l).
Article 6
The title of Article 6 is: "Majorities required in votes".
In article 6 (1) (b), the phrase "intake of new members" is replaced by "accession of states".
Section 6 (1) (e) is amended to read as follows:
“(e) authorizes the Director General to negotiate cooperation agreements with non-member States and their national scientific and technical bodies; it may authorize it to conclude these agreements; "
A new subparagraph (g) is inserted in section 6 (1):
"(g) decides any transfer of the seat of the CEPMMT, in accordance with Article 1er (5). »
In section 6 (2) (b), the word "approves" is replaced by "support" and the word "Director" is replaced by "Director General".
A new subparagraph (c) is inserted in section 6 (2):
"(c) shall, subject to the provisions of subsection (1) (a), adopt the program of activities of the Centre in accordance with section 11 (1)." The following sub-paragraphs are renumbered.
In renumbered section 6 (2) (d), the word "Director" is replaced by "Director General".
In section 6 (2), new subparagraphs (e), (f), (g) and (h) are inserted:
"(e) adopt the optional program procedure in accordance with section 11 (3);
(f) adopt individual optional programs in accordance with section 11 (3);
(g) approves activities requested by third parties in accordance with section 2 (5);
(h) a decision on the dissemination policy of the Centre ' s products and other results of its activities. and the following sub-paragraphs are renumbered.
In section 6 (2), a new subparagraph (l) is inserted:
"(l) sets out, in accordance with section 1 (6), the extent to which official languages and working languages are used, respectively. »
In section 6 (3) (d), the word "Director" is replaced by "Director General".
In section 6 (3) (e) of the Dutch version, the term "financial commissarisen" is replaced by "accountants".
In section 6 (3) (f), the word "Director" is replaced by "Director General".
In article 6 (3) (g) of the Italian version, the expression "Comitato consultivo scientifico" is replaced by "Comitato Scientifico Consultivo". In the Dutch version, the term "het Wetenschappelijk Raadgevend Committee" is replaced by "Wetenschappelijke Adviescommissie".
Subparagraph (i) of section 6 (3) is deleted and the remaining subparagraphs are renumbered.
In section 6 (3) (i) renumbered, the word "Director" is replaced by "Director General". In the Dutch version, the term " verslag van de fianciëlecommissarissen" is replaced by "accountantsrapport".
Renumbered section 6 (3) (j) reads as follows:
"(j) authorizes the Director-General to negotiate cooperation agreements with member States, with their national scientific and technical bodies, and with international scientific or governmental or non-governmental organizations whose activities relate to its objectives; it may authorize it to conclude these agreements; »
In section 6 (3) (k) renumbered, the reference to sections 15 (1) and 15 (2) is replaced by a reference to sections 15 (2) and 15 (3).
A new subparagraph (o) is inserted in section 6 (3):
"(o) establish the Centre's long-term strategy in accordance with section 11 (2). »
Article 7
The title of Article 7 is "The Scientific Advisory Committee".
In section 7 (1), the word "Director" is replaced by "Director General". In the English version, the word "Organization" is replaced by "Organization". In the Italian version, the expression "Comitato consultivo scientifico" is replaced by "Comitato Scientifico Consultivo". In the Dutch version, the expression "het Wetenschappelijk Raadgevend Committee" is replaced by "Wetenschappelijke Adviescommissie", "het Committee" by "Commissie" and the expression "Meteorologische Wereldorganisatie" by "Wereld Meteorologische Organisatie".
In section 7 (2), the word "Director" is replaced by "Director General" twice.
Article 8
The title of Article 8 is "The Financial Committee".
In section 8 (1) of the Italian version, the term "Comitato finanziario" is replaced by "Comitato Finanze". In the Dutch version, the term "het Financiële Committee" is replaced by "de Financiële Commissie" and the word "het Committee" by "de Commissie".
Section 8 (1) (b) is amended to read as follows:
"(b) representatives of the other Member States designated by the latter for a period of one year; each of these States may not be represented more than two consecutive times in the committee. The number of these representatives is equal to the fifth of the number of Member States. »
Article 9
The title of Article 9 is "The Director General".
In section 9 (1), the word "Director" is replaced by "Director General".
In section 9 (2), the word "Director" is replaced by "Director General".
In section 9 (2) (c), "and the draft long-term strategy" is added. In the Italian version, the expression "Comitato consultivo scientifico" is replaced by "Comitato Scientifico Consultivo". In the Dutch version, the term "het Wetenschappelijk Raadgevend Committee" is replaced by "Wetenschappelijke Adviescommissie".
In section 9 (2) (g), the reference to section 6 (3) (k) is replaced by a reference to section 6 (3) (j). In the Dutch version, the word "doeleinden" is replaced by "doelstellingen".
In section 9 (3), the word "Director" is replaced by "Director General".
Article 10
The title of Article 10 is "The Personnel".
In section 10 (3) of the Dutch version, the word "organisaties" is replaced by "instanties".
In section 10 (4) of the English version, the word "Comptroller" is replaced by "Controller". In the Dutch version, the word "financial controller" is replaced by "Controller".
In section 10 (6), the word "Director" is replaced by "Director General".
In section 10 (7), the word "Director" is replaced by "Director General" twice.
Article 11
The title of Article 11 is "Program of Activities, Long-term Strategy and Optional Programs".
Existing subsections are grouped in section 11 (1).
In section 11 (1), the word "Director" is replaced by "Director General". The reference to section 6 (3) (i) is replaced twice by a reference to section 6 (2) (c).
In section 11, two new subsections (2) and (3) are inserted:
“2. A long-term strategy is established on dates and for periods decided by the Board, which reviews its development at least every five years. This long-term strategy presents a vision of the Centre's strategic objectives and outlines the planned direction for its work during the period covered.
The strategy is decided by the Commission on a proposal by the Director General pursuant to section 6 (3) (o).
3. An optional programme is a programme proposed by a Member State or by a group of member States of which all Member States are members, except those who have formally declared that they do not participate, and which contributes to the purposes and objectives of the Centre in accordance with Articles 2 (1) and 2 (2).
(a) The optional program procedure is adopted by the Commission in accordance with section 6 (2) (e).
(b) Each optional program is adopted by the Commission in accordance with section 6 (2) (f). »
Article 12
The title of Article 12 is "The Budget".
In section 12 (3), the word "approves" is replaced by "support".
In section 12 (4) (b), the word "Director" is replaced by "Director General".
In section 12 (5), the word "Director" is replaced by "Director General".
Article 13
The title of Article 13 is "The contributions of the Member States".
In section 13 (1), the phrase "gross national product" is replaced by "gross national income".
In section 13 (2), the phrase "gross national product" is replaced by "gross national income".
Article 14
The title of Article 14 is "Authorization of accounts".
In the Dutch version, the term "fianciële commissarissen" is replaced by "accountants" four times.
In article 14 (2) of the Italian version, the term "Comitato finanziario" is replaced by "Comitato Finanze". In the Dutch version, the term "het Financieel Committee" is replaced by "de Financiële Commissie".
In section 14 (3), the word "Director" is replaced by "Director General".
Article 15
The title of Article 15 is "property rights and licences".
In section 15, a new subsection (1) is inserted:
“1. The CEPMMT has the exclusive global ownership of all its products and other results. and the following three paragraphs are renumbered.
A renumbered section 15 (3), the reference to subsection (1) is replaced by a reference to subsection (2).
A renumbered section 15 (4), the reference to subsection (1) is replaced by a reference to subsection (2) and the reference to section 6 (3) (l) by a reference to section 6 (3) (k).
Article 16
The title of Article 16 is "Privileges, Immunities and Responsibilities".
Article 17
The title of Article 17 is "Litters".
Article 18
The title of Article 18 is "Amendments to the Convention".
In section 18 (1), the word "Director" is replaced by "Director General" and the reference to section 6 (3) (n) is replaced by a reference to section 6 (3) (m).
In section 18 (2), the term "European Communities" is replaced by "European Union".
Article 19
The title of Article 19 is "Denunciation of the Convention".
In section 19 (1), the term "European Communities" is replaced by "European Union".
In section 19 (2), the term "previously to this denunciation" is replaced twice by "before this denunciation takes effect".
In section 19 (3), the reference to section 6 (2) (d) is replaced by a reference to section 6 (2) (i).
Rule 20
The title of Article 20 is "In fulfilment of obligations".
Article 21
The title of Article 21 is "Dissolution of the Centre".
In section 21 (1), the reference to section 6 (2) (e) is replaced by a reference to section 6 (2) (j).
In section 21 (3), the reference to section 6 (2) (e) is replaced by a reference to section 6 (2) (j).
Article 22
The title of Article 22 is "Entry into force".
Article 23
The title of Article 23 is "States Membership".
The paragraphs are numbered.
Subsections (1) and (2) of section 23 are amended to read as follows:
“1. From the date of entry into force of this Convention, any non-signatory State may accede to this Convention, subject to the consent of the Council, in accordance with Article 6 (1) (b). A State wishing to accede to this Convention shall notify the Director General of this request and the Director General shall inform the Member States of this request at least three months before it is subject to the decision of the Council. The Council shall determine the terms and conditions for the accession of the State concerned, in accordance with Article 6 (1) (b).
2. Instruments of accession are deposited in the archives of the General Secretariat of the Council of the European Union. For the acceding State, this Convention comes into force on the first day of the second month following the deposit of its instrument of accession. »
Article 24
The title of Article 24 is "Notice of signatures and related matters".
The mention of the "European Communities" is replaced by that of the "European Union".
Section 24 (e) is amended to read as follows:
"(e) the adoption and entry into force of any amendment; »
The last paragraph of section 24 is amended to read as follows:
"As soon as this Convention comes into force or any amendment thereof, the Secretary General of the Council of the European Union shall register it with the United Nations General Secretariat, in accordance with Article 102 of the Charter of the United Nations. »
Rule 25
The title of Article 25 is "The first fiscal year".
In article 25 (3) of the Italian version, the term "Comitato consultivo scientifico" is replaced by "Comitato Scientifico Consultivo". In the Dutch version, the term "Wetenschappelijke Raadgevend Committee" is replaced by "Wetenschappelijke Adviescommissie".
Rule 26
The title of Article 26 is "Deposit of the Convention".
Section 26 is amended to read:
"This Convention, with all its amendments, written in a single copy in the German, English, French, Italian, Dutch, Danish, Spanish, Finnish, Greek, Irish, Norwegian, Portuguese, Swedish and Turkish languages, all texts being equally authentic, is deposited in the archives of the General Secretariat of the Council of the European Union, which shall give a copy thereof to each of the Governments of the signatory or adherent States. »

Protocol on Privileges and Immunities of the European Centre for Medium-term Weather Forecasts
The amendment of the Protocol is to replace the word "Director" everywhere with "Director General".

Amending Protocol (amendments to the Convention establishing the European Centre for Medium-term Weather Forecasts, as well as the Protocol on Privileges and Immunities of the European Centre for Medium-term Weather Forecasts, signed in Brussels on 11 October 1973), adopted on 22 April 2005