belgiquelex.be - Carrefour Bank of Legislation

1 MARCH 1998. - Act enacting the Agreement between the Kingdom of Belgium and the supervisory authority of the European Free Trade Association, signed in Brussels on 22 December 1994 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The headquarters agreement between the Kingdom of Belgium and the supervisory authority of the European Free Trade Association, signed in Brussels on 22 December 1994, will emerge its full and full effect.
Art. 3. This Act produces its effects on 1^er January 1993.
Promulgation of this Act, order that it be coated with the Seal of the State and published by the Belgian Monitor.
Given in Brussels, 1^er March 1998.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
The Minister of the Interior,
J. VANDE LANOTTE
Minister of Finance,
Ph. MAYSTADT
Minister of Employment and Labour,
Ms. M. SMET
The Minister of Social Affairs,
Ms. M. DE GALAN
Minister of Transport,
Mr. DAERDEN
Minister of Justice,
S. DE CLERCK
Seen and sealed the state seal:
Minister of Justice,
S. DE CLERCK
____
Note
(1) Session 1996-1997.
Senate:
Documents. - Bill, tabled on 28 May 1997, No. 1-642/1. - Report, no. 1-642/2. - Text adopted by the commission, no. 1-642/3.
Annales parliamentarians. - Discussion, meeting of 16 July 1997. - Vote, meeting of 17 July 1997.
House of Representatives:
Documents. - Project transmitted by the Senate, No. 1145/1.
Session 1997-1998.
Documents. - Report, no. 1145/2.
Annales parliamentarians. - Discussion, meeting of 13 January 1998. - Vote, meeting of 15 January 1998.
Headquarters agreement between the Kingdom of Belgium and the supervisory authority of the European Free Trade Association
BELGIUM ROYAUME
and
THE AUTHORITY OF THE EUROPEAN ASSOCIATION OF ECHANGE, hereinafter referred to as AS/EFTA,
Considering the agreement on the European Economic Area, signed on 2 May 1992 in Porto, and specifically Article 108 of the Treaty,
Considering the agreement between the EFTA member states on the establishment of a Supervisory Authority and a Court of Justice, signed in Porto on 2 May 1992,
Considering the decision to install the AES/EFTA in Brussels,
Desirous of entering into an agreement to clarify the regime of privileges and immunities necessary for the exercise of the functions of the AES/EFTA in Belgium,
The following agreed:
CHAPTER I^er. - Privileges and immunities of AS/EFTA
Article 1
AS/EFTA has the broadest legal capacity recognized to legal entities. Its assets and assets used exclusively for the performance of official duties shall enjoy immunity from jurisdiction, except to the extent that the EFA/EFTA expressly waived it in a particular case. A separate waiver is required for any enforcement action.
Article 2
The premises used exclusively for the performance of AS/EFA functions are inviolable.
ACE/EFTA consent is required for access to its offices.
However, this consent is presumed to be acquired in the event of an inmate or other claim requiring immediate protection.
Belgium will take all appropriate measures to prevent the invasion or damage of the premises of AS/EFTA, the peace of the troubled AS/EFTA or its diminished dignity.
Article 3
Except as necessary for investigations to which an accident caused by a motor vehicle belonging to the said AS/EFTA or travelling on its behalf may result, or in the event of a violation of the regulation of motor traffic or of accidents caused by such a vehicle, the property and assets of the ESA/EFTA may not be subject to any form of requisition, confiscation, sequestration or other form of public defence,
If an expropriation was necessary for the same purposes, all appropriate measures would be taken to prevent the exercise of the duties of the ESA/EFTA and a prompt and adequate compensation would be paid to it.
Belgium will provide its assistance to allow the installation or relocation of the AS/EFTA.
Article 4
The archives of the AES/EFTA and, in general, all documents belonging to the AES/EFTA or held by it or by one of its officials are inviolable in any place they are.
Article 5
1. AS/EFTA may hold any currency and have accounts in any currency to the extent necessary for the execution of the transactions that meet 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 the movements of funds to which the constitution and activity of the AES/EFTA will take place, including the issuance and service of borrowings when the issuance of these funds has been authorized by Belgium.
Article 6
AS/EFTA, its assets, revenues and other assets are exempt from all direct taxes.
Article 7
Where the AES/EFTA carries out significant purchases of real property or furniture or performs significant benefits, strictly necessary for the exercise of its official activities and the price of which includes indirect duties or taxes on sale, appropriate arrangements shall be made whenever it is possible for the remission or repayment of the amount of these duties and taxes.
Article 8
Without prejudice to the obligations that arise for Belgium of the Community provisions and the application of the legal or regulatory, prohibitive or restrictive provisions concerning public order or security, public health or morals, AES/EFTA may import all goods and publications intended for its official use.
Article 9
ASE/EFTA is exempt from any indirect national, regional and local taxes in respect of goods imported, purchased or exported by or on its behalf for official use.
Article 10
ASE/EFTA is exempt from any national, regional and local indirect taxes in respect of official publications intended for it or sent abroad.
Article 11
The property belonging to the AS/EFTA cannot be disposed of in Belgium unless it is subject to conditions prescribed by Belgian laws and regulations.
Article 12
AS/EFTA will not request the exemption of taxes, taxes or fees that are merely the remuneration of public utility services.
Article 13
Belgium guarantees the freedom of communication of L'AS/AELE for its official purposes.
The official correspondence of L'AS/AELE is inviolable.
CHAPTER II
Representatives participating in the work of the AS/EFTA
Article 14
Representatives of the States parties to the European Economic Area Convention participating in the work of the AES/EFTA, their technical advisers and experts, as well as officials of the AES/EFTA resident and having their center of activity abroad, shall enjoy, during the exercise of their functions, privileges, immunities or ease of use.
CHAPTER III. Staff regulations
Article 15
The head of the AS/EFTA office in Belgium, and his deputy, enjoy diplomatic privileges and immunities.
Article 16
1. All AS/EFTA officials benefit from:
(a) the exemption of any tax on salaries, emoluments and allowances paid to them by the ESA/EFTA, effective on the day on which these revenues will be subject to tax for the benefit of the ESA/EFTA.
Belgium reserves the ability to report these salaries, emoluments and allowances for the calculation of the amount of tax payable on the taxable income of beneficiaries from other sources.
(b) Facilitated facilities for officials of international organizations with regard to currency and currency regulations;
2. Officials of the AS/EFTA who do not benefit from the privileges and immunities of Article 15 shall be entitled to:
(a) immunity from jurisdiction for acts performed in their official capacity, including their words and writings, that immunity persists after the termination of their duties;
(b) Inviolability for all official documents and documents;
3. AES/EFTA officials and their dependent family members are not subject to immigration or registration procedures;
4. AS/EFTA notifies the arrival and departure of its officials to the Ministry of Foreign Affairs. The AS/EFTA also notifies the following information regarding its officials:
1. Name and first name.
2. place and date of birth.
3. Sex.
4. nationality.
5. main residence (commune, street, number).
6. Civil status.
7. household composition.
Amendments to this information will be notified on a monthly basis. Public servants and dependants will be entitled to a special identity card.
Article 17
The provisions of Article 16. 1. (a), does not apply to pensions and annuities paid by the AES/EFTA to its former civil servants in Belgium or their beneficiaries, or to salaries, emoluments and allowances paid by the AES/EFTA to its local officials.
Article 18
Officials of the AES/EFTA who do not carry out any other lucrative activity in Belgium than that resulting from their duties with the AES/EFTA, as well as members of their families to their dependants and not exercising in Belgium any private occupation of a lucrative character, are not subject to Belgian legislation in the field of employment of foreign labour and in the exercise by foreigners of independent professional activities.
Article 19
1. Officials of the AES/EFTA who do not exercise any other profit-making occupation in Belgium than that required by their duties are affiliated with the social security regime applicable to officials of the AES/EFTA headquarters in accordance with the rules of this regime.
2. AS/EFTA will ensure that civil servants who are not covered by the social protection provided for by the AS/EFTA themselves are affiliated to the Belgian social security system.
3. AS/EFTA is committed to ensuring that employees in Belgium who are affiliated with this AS/EFTA social security system are equal to the benefits provided by the Belgian social security system.
4. Belgium may obtain from AES/EFTA the reimbursement of costs incurred for any social assistance that it would be required to provide to AES/EFTA officials who are affiliated with the social security system applicable to officials of the AES/EFTA headquarters.
Rule 20
1. Without prejudice to the obligations that arise for Belgium of the provisions of the Treaty establishing the European Economic Community and the application of the legal or regulatory provisions, officials of AS/EFTA shall enjoy the right, during the twelve-month period following their first taking of office in Belgium, to import or acquire in the country, free from the value added tax, furniture and a car intended for their personal use.
2. The Minister of Finance of the Government of Belgium sets the limits and conditions of application of this article.
Article 21
Belgium is not required to grant its own permanent nationals or residents the benefits, privileges and immunities, except those mentioned in Article 16. 1. (a) of this Agreement.
However, they will benefit from immunity from jurisdiction for acts performed in their official capacity, including their words and writings.
CHAPTER IV. - General provisions
Article 22
Privileges and immunities are granted to public servants only in the interest of ACE/EFTA and not to their personal benefit. The Secretary-General of the AES/EFTA has the right and duty to lift immunity in all cases where such immunity would hinder the action of justice and where it may be lifted without prejudice to the interests of AES/EFTA.
Article 23
Belgium retains the right to take all necessary precautions in the interest of its security.
Article 24
The persons referred to in Article 16 shall not enjoy immunity from jurisdiction in respect of cases of violation of regulations on the movement of motor vehicles or of damage caused by a motor vehicle.
Rule 25
AS/EFTA and AS/EFTA officials in Belgium must comply with all obligations imposed by Belgian civil liability insurance laws and regulations for the use of any motor vehicle.
Rule 26
AS/EFTA officials will cooperate at any time with the competent Belgian authorities to facilitate the proper administration of justice, to ensure compliance with the police regulations and to avoid any abuse that may result in the privileges, immunities and facilities provided for in this Agreement.
Rule 27
AS/EFTA will be back before 1^er 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 to them in the previous year. With respect to treatments, emoluments and allowances that are taxable for the benefit of the ESA/EFTA, this form also mentions the amount of this tax.
The double sheets will be transmitted directly by the AS/EFTA before the same date to the competent Belgian tax administration.
Rule 28
AS/EFTA, officials and local officials are required to comply with Belgian regulations and laws.
Rule 29
Belgium does not assume any international responsibility for the acts and omissions of the AES/EFTA in its territory or for those of its officials acting or abstaining in the course of their duties.
Rule 30
1. Any discrepancy with respect to the application or interpretation of this Agreement, which could not be resolved by direct negotiations between the parties, may be submitted by one of the parties to the assessment of an arbitration tribunal composed of three members.
2. The Belgian Government and AS/EFTA each designate a member of the Arbitration Court.
3. The members so designated choose their president.
4. In case of disagreement between the members regarding the person of the President, the President shall be appointed by the President of the International Court of Justice at the request of the members of the Arbitration Court.
5. The arbitration tribunal shall be seized by either party by a request.
6. The Arbitration Court sets out its own procedure.
CHAPTER V. - Final provisions
Rule 31
Each party shall notify the other party of the procedures required by its legislation for the implementation of this Agreement.
It will remain in force either during the duration of the agreement on the European Economic Area, or until the expiry of one year from the date on which one of the Parties will inform the other of its intention to terminate it.
In faith, the respective representatives of AS/EFTA and Belgium signed this Agreement.
Done in Brussels on 22 December 1994. in duplicate, in French, Dutch and English, the three texts being equally authentic.
For the Kingdom of Belgium:
F. VANDENBROUCKE,
Minister of Foreign Affairs
For the EFTA Monitoring Authority:
K. ALMESTAD,
Chairman
Pursuant to Article 31, this Agreement entered into force on 16 April 1999.