Posted the: 1999-10-21 Numac: 1999015186 Ministry of Foreign Affairs, international trade and international COOPERATION March 1, 1998. -Law concerning consent to the headquarters agreement between the Kingdom of Belgium and the supervisory authority of the Association European free trade, signed in Brussels on 22 December 1994 (1) ALBERT II, King of the Belgians, has 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 headquarters agreement between the Kingdom of Belgium and the surveillance authority of the European Association of free trade, signed in Brussels on 22 December 1994, will release its full and complete effect.
S. 3. this Act has effect on 1 January 1993.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, March 1, 1998.
ALBERT by the King: the Minister of Foreign Affairs, E. DERYCKE the Minister of the Interior, J. VANDE LANOTTE the Minister of finance, Ph. MAYSTADT Minister of employment and labour, Mrs M. SMET Minister of Social Affairs, Mrs M. DE GALAN Minister of transport M. DAERDEN. the Minister of Justice, S. DE CLERCK seen and sealed with the seal of the State : The Minister of Justice, S. DE CLERCK _ Note (1) 1996-1997 Session.
Senate: Documents. -Bill, filed on May 28, 1997, no. 1 - 642/1. -Report, n ° 1-642/2. -Text adopted by the commission, no 1-642/3.
Parliamentary Annals. -Discussion, meeting of July 16, 1997. -Vote, meeting of 17 July 1997.
House of representatives: Documents. -Draft transmitted by the Senate, no. 1145/1.
Documents. -Report, no. 1145/2.
Parliamentary Annals. -Discussion, meeting of January 13, 1998. -Vote meeting of January 15, 1998.
Headquarters agreement between the Kingdom of Belgium and the supervisory authority of the Association European free trade the Kingdom of Belgium and the European free trade ASSOCIATION SURVEILLANCE authority, hereinafter referred to as EFTA/AS, whereas the agreement on the European, signed in Oporto on 2 May 1992 economic area and in particular article 108 of the Treaty, having regard to the agreement between the Member States of EFTA on the establishment of a Surveillance Authority and a Court of Justice signed in Oporto on 2 May 1992, having regard to the decision to install the AS/EFTA in Brussels, desiring to conclude an agreement to clarify the regime of privileges and immunities necessary for the exercise of the functions of EFTA AS in Belgium, have agreed the following: chapter I:.
-Privileges and immunities Article 1 AS/EFTA the AS/EFTA has the most extensive legal capacity accorded to legal persons. Its property and assets used solely for the performance of official duties shall enjoy immunity from jurisdiction, except to the extent where the AS/EFTA has expressly waived in a particular case. A separate waiver is necessary for any implementing measures.
Article 2 the premises used exclusively for the exercise of the functions of the AS/EFTA are inviolable.
The EFTA AS consent is required for access to its offices.
However, this consent is presumed acquired in case of fire or other disaster requiring the ' immediate protection measures.
The Belgium will take all appropriate measures to prevent the premises of EFTA AS overgrown or damaged, the peace of EFTA AS or troubled or diminished dignity.
Article 3 except to the extent necessary for investigations in which an accident caused by a motor vehicle belonging to said AS/EFTA or circulating on behalf may give rise, or for breach of the regulation of vehicular traffic or accidents caused by such a vehicle, property and assets of the AS/EFTA may not be subject to any form of requisition confiscation, receiver and other form of seizure or constraint, even for purposes of national defence or public utility.
If an expropriation was necessary for those purposes, all appropriate measures would be taken to prevent that put an obstacle to the exercise of the functions of the AS/EFTA and prompt and adequate compensation would be paid.
The Belgium will provide its assistance to allow the installation or reinstallation of the AS/EFTA.
Article 4 archive AS/EFTA, and in general all documents belonging to EFTA/AS or held by it or by one of its officials are inviolable, wherever they are.
Article 5(1). AS/EFTA may hold all currencies and have accounts in all currencies to the extent necessary for the implementation of operations responding to its object.
2. the Belgium undertakes to grant the necessary permissions to perform, following the procedures laid down in national regulations and applicable international agreements, all movements of funds which will lead the constitution and activity of EFTA AS including the issuance and servicing its borrowing operations when the issue of the latter will be authorized by the Belgium.
Article 6 AS/EFTA, its assets, income and other property are exempt from all direct taxes.
Article 7 when AS/EFTA performs major real estate purchases or furniture or done performances, strictly necessary for the exercise of its official activities, and whose price includes excise or sales taxes, appropriate arrangements are made whenever it is possible to delivery or repayment of the amount of such duties and taxes.
Article 8 without prejudice to the obligations arising for Belgium of Community provisions and the application of the legal, regulatory, prohibitory or restrictive provisions regarding the order or public safety, health or public morality, AS/EFTA can import all goods and publications intended for its official use.
Article 9 AS/EFTA is exempt from all indirect taxes national, regional and local with respect to imported goods, acquired or exported by it or on its behalf for its official use.
Article 10 AS/EFTA is exempt from all national, regional and local indirect taxes with respect to official publications which are intended, or it sends abroad.
Article 11 property belonging to AS/EFTA may not be surrendered in Belgium, unless what is conditions prescribed by the Belgian laws and regulations.
Article 12 AS/EFTA will not request exemption from taxes, taxes or charges which are just simple compensation of public utility services.
Article 13 the Belgium guarantees the freedom of communication AS/EFTA for its official purposes.
AS/EFTA official correspondence is inviolable.
Chapter II representatives participating in the work of AS/EFTA Article 14 representatives of the States parties to the European economic space Agreement participating in the work of the AS/EFTA, their advisers and technical experts, as well as officials of the AS/EFTA resident and having their centre of activity abroad, shall enjoy, for the exercise of their functions, the privileges, immunities or facilities to use.
CHAPTER III. -Status of Personnel Article 15 the Chief of the office of EFTA AS in Belgium, and his Deputy, enjoy the diplomatic privileges and immunities.
Article 16 1. All EFTA AS staff benefit from: has) exemption from all taxes on salaries, emoluments and allowances which they are paid by the AS/EFTA and effective agenda where such income will be subject to a tax for the benefit of AS-EFTA.
The Belgium reserves the possibility to report these salaries, emoluments and allowances for the calculation of the amount of the tax collectible on the taxable incomes of recipients from other sources.
(b) facilities accorded to officials of international organizations with regard to monetary regulations or Exchange;
2. AS-EFTA officials who do not benefit from the privileges and immunities of article 15, enjoy: a) immunity for acts performed in their official capacity, including their words and writings, this immunity persisted after the termination of their functions;
(b) inviolability for all papers and documents;
3. officials from EFTA AS and the members of their family dependants are not subject to the provisions limiting immigration or to formalities for the registration of aliens;
4. AS/EFTA shall notify the arrival and the departure of its officials in the Ministry of Foreign Affairs.
AS/EFTA also notifies the specified information below about its officials: 1. name and surname.
2. place and date of birth.
5. principal residence (town, street, number).
6. civil status.
7. composition of the household.
Changes to this information will be reported monthly. Officials and members of the family will be entitled to a special identity card.
Article 17 the provisions of article 16. 1. has), do not apply or to pensions and annuities paid by EFTA AS to its former officials in Belgium or their privies, or salaries, emoluments and allowances paid by EFTA AS its local agents.
Article 18 AS/EFTA officials who are practising in Belgium any other gainful activity than that resulting from their duties with EFTA AS similarly that members of their family dependants and not exercising in Belgium any
occupation private non-profit character, are not subject to the Belgian legislation in matters of employment of foreign labour and exercise by foreigners of independent professional activities.
Article 19 1. EFTA AS officials who are practising in Belgium any other occupation-lucrative nature than required by their functions are affiliated to the social security scheme applicable to officials of the headquarters of EFTA AS according to the rules of the scheme.
2. AS/EFTA will membership in the system of Belgian social security of civil servants which are not covered by the social protection provided by the AS/EFTA itself.
3. AS/EFTA is committed to ensuring staff office in Belgium who are affiliated to the social security system AS/EFTA of benefits equivalent to those provided for under the Belgian scheme of social security.
4. the Belgium may obtain reimbursement of the expenses incurred for assistance of social character would provide with EFTA AS officials who are affiliated to the social security scheme applicable to officials of the headquarters of the AS/EFTA EFTA AS.
Section 20 (1).
Without prejudice to the obligations arising for Belgium from the provisions of the Treaty establishing the European Economic Community and the application of the legal or regulatory provisions, AS/EFTA officials shall have the right, during the period of twelve months following their first assumption of office in Belgium, to import or acquire in the country, free of value added tax furniture chattels and a car for their personal use.
2. the Minister of Finance of the Belgian Government set the limits and conditions for the application of this article.
Article 21 the Belgium is not obliged to grant its own nationals or permanent residents the advantages, privileges and immunities, with the exception of those referred to in article 16. 1. a) of this agreement.
However, they will benefit from immunity for acts performed in their official capacity, including their words and written.
CHAPTER IV. -General provisions Article 22 privileges and immunities are granted to officials only in the interest of AS/EFTA and not for their personal benefit. The Secretary General of EFTA/AS has the right and the duty to waive the immunity in any case where this immunity would impede the course of justice and where it can be waived without prejudice to the interests of the AS/EFTA.
Article 23 the Belgium retains the right to take all useful precautions in the interests of its security.
Article 24 the persons mentioned in article 16 do not enjoy any immunity from legal process in relation to cases of infringement of the rules on the movement of motor vehicles or damage caused by a motor vehicle.
Article 25 AS/EFTA and officials from EFTA AS in Belgium must comply with all the obligations imposed by the Belgian laws and regulations on insurance of civil liability for the use of any motor vehicle.
Article 26 AS/EFTA officials will collaborate at all times with the competent Belgian authorities to facilitate the proper administration of justice, secure the observance of police regulations and prevent any abuse in which the privileges, immunities and facilities provided for in this agreement.
Article 27 AS/EFTA will provide before March 1 of each year to all beneficiaries, a card specifying in addition to their name and address, the amount of salaries, emoluments, allowances, pensions or annuities that it paid them in the previous year. With regard to salaries, emoluments and allowances subject of tax levied for the benefit of EFTA/AS, this plug also refers to the amount of this tax.
Double cards will be sent directly by EFTA AS before the same date, to the Belgian tax authorities responsible.
Article 28 AS/EFTA, officials and local agents are required to respect Belgian laws and regulations.
Article 29 the Belgium is liable because of the activity of EFTA AS its territory any international responsibility any for acts and omissions AS/EFTA or of its officials acting or abstaining in the context of their functions those.
Article 30 1. Any divergence of views concerning the application or interpretation of the present agreement, which could not be settled by direct between the parties talks, may be submitted by one of the parties, at the discretion of a Court of arbitration consisting of three members.
2. the Belgian Government and EFTA AS shall each designate a member of the arbitration tribunal.
3. the appointed members elect their president.
4. in the event of a disagreement between the members about the person of the president, the latter is appointed by the President of the International Court of Justice at the request of the members of the arbitral tribunal.
5. the arbitration tribunal is seized by another party by way of motion.
6. the arbitration tribunal establishes its own procedure.
Chapter v - Final provisions Article 31. each of the parties shall notify the other party the completion of the procedures required by its law for the bringing into force of this agreement.
It will remain in force or for the duration of the agreement on the European economic area, until the expiry of a period of one year from the date on which one of the Parties inform the other of its intention to terminate.
In witness whereof, the respective representatives AS/EFTA and the Belgium have signed this agreement.
Done at Brussels, 22 December 1994. in duplicate, in languages, Dutch, French and English, the three texts being equally authentic.
For the Kingdom of Belgium: F. VANDENBROUCKE, Minister for Foreign Affairs for the EFTA Surveillance Authority: K. ALMESTAD, Chairman pursuant to article 31, this agreement entered into force on 16 April 1999.