Posted the: 1999-10-21 Numac: 1999015188 Ministry of Foreign Affairs, international trade and international COOPERATION 11 June 1998. -Law approving the agreement between the Kingdom of Belgium and the Charter Conference of energy, signed in Brussels on 26 October 1995 (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.
2. the agreement between the Kingdom of Belgium and the Charter Conference of energy, signed in Brussels on 26 October 1995, will release its full and complete effect.
S. 3. this Act has effect on October 26, 1995.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, June 11, 1998.
ALBERT by the King: the Minister of Foreign Affairs, E. DERYCKE the Minister of the Interior, L. TOBBACK. the Minister of finance, Ph. MAYSTADT Minister of employment and labour, Mrs M. SMET Minister of Social Affairs, Mrs M. DE GALAN the Minister of transport, Mr. DAERDEN. the Minister of Justice, T. VAN PARYS sealed with the seal of the State : The Minister of Justice, T. VAN PARYS _ Note (1) 1997-1998 Session: Senate.
Documents. -Bill filed on December 22, 1997, no. 1 - 832/1. -Report, n ° 1-832/2. -Text adopted in Committee, no 1-832/3.
-Discussion. Meeting of February 19, 1998. -Vote. Meeting of February 19, 1998.
House of representatives: Documents. -Draft transmitted by the Senate, no. 1442/1. -Text adopted in plenary session and submitted for Royal assent, no. 1442/2.
Parliamentary Annals. -Discussion. Meeting of 18 March 1998. -Vote. Meeting of March 19, 1998.
AGREEMENT between the Kingdom of Belgium and the Conference of the Charter of the Kingdom of Belgium and energy the CONFERENCE the Charter of energy, represented and acting by the Charter Secretariat of energy, having regard to the Energy Charter, signed at Lisbon on 17 December 1994, saw the decision to establish the Energy Charter Secretariat in Brussels Desiring to conclude an agreement to establish the privileges and immunities necessary for the exercise of the functions of the Conference of the energy in Belgium Charter, have agreed as follows: Chapter I. - Privileges and immunities of the Charter Conference of the energy Article 1 the Conference of the Energy Charter has the most extensive legal capacity accorded to legal persons. Its property and assets used exclusively for the exercise of his official duties shall enjoy immunity from jurisdiction, except to the extent where the Energy Charter Conference has expressly waived in a particular case. A separate waiver is necessary for any implementing measures.
Article 2 the premises used for the performance of the official duties of the Energy Charter Conference are inviolable.
The consent of the Energy Charter Conference is required for access to its premises.
However, this consent is presumed acquired in case of fire or other disaster requiring immediate protection measures.
The Belgium will take all appropriate measures to prevent the premises of the Energy Charter Conference are flooded or damaged, that the peace of the Energy Charter Conference is troubled or dignity undermined.
Article 3 except to the extent necessary inquiries to which an accident caused by a motor vehicle belonging to the Energy Charter Conference or circulating on its behalf may give rise, or infringements to the regulation of vehicular traffic or accidents caused by one such vehicle, the property and assets of the Energy Charter Conference shall not be subject to any form of requisition confiscation, seizure or other form of coercion, even for purposes of national defence or public utility.
If an expropriation is necessary for these reasons, all appropriate measures would be taken to prevent that put an obstacle to the exercise of the functions of the Conference of the Energy Charter and to ensure that full compensation would be paid quickly.
The Belgium will provide its assistance to allow the installation or reinstallation of the Energy Charter Conference.
Article 4 archives of the Energy Charter Conference, and in general all documents belonging to the Conference of the Energy Charter or held by it or by one of its officials are inviolable, wherever they are.
Article 5(1). The Energy Charter Conference may hold all currencies and have accounts in all currencies to the extent necessary for the implementation of operations meet its objectives.
2. the Belgium undertakes to grant to the Energy Charter Conference permissions that are required 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 the Charter Conference of energy including the issue of debt when it was authorized by the Belgium.
Article 6 Conference of the Charter of the energy, its assets, income and other property used for official use are exempt from all direct taxes.
No direct tax relief shall be granted for the Energy Charter Conference revenues that come from an industrial or commercial activity exercised by the Energy Charter Conference or by one of its members on behalf of the Charter of energy or countries members of the Conference.
Article 7 when the Energy Charter Conference made major purchases of real property or movable or run benefits, strictly necessary for the exercise of its official activities and whose price includes indirect duties or taxes for sale, appropriate measures are taken 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 from the provisions of the Treaty establishing the European Economic Community and of the implementation of the provisions of legal, regulatory, prohibitory or restrictive regarding the order or public safety, health or public morality, of the Energy Charter Conference can import all goods and publications intended for its official use.
Article 9 the Conference of the Energy Charter is exempt from all indirect taxes including admission fees with respect to the goods, acquired by it or on its behalf for its official use.
Article 10 the Conference of the Energy Charter is exempt from all indirect taxes with respect to official publications which are intended, or it sends abroad.
Article 11 property owned by the Energy Charter Conference cannot be surrendered in Belgium, unless what is conditions prescribed by the Belgian legislation and by the Minister of finance.
Article 12 the Conference of the Energy Charter will not request exemption from taxes, taxes or charges which are just simple compensation of public utility services.
Article 13 the Belgium guarantees freedom of communication of the Energy Charter Conference for its official purposes.
The official correspondence of the Energy Charter Conference is inviolable.
CHAPTER II. -Representatives participating in the work of the Conference of the Charter of the energy Article 14 representatives of the States parties to the Treaty on the Energy Charter participating in the work of the Conference of the energy, their advisers and technical experts, the official participants as well as Charter residing or having Energy Charter Conference officials their activity out of the Belgium centre enjoy, during the exercise of their functions, the privileges, immunities and facilities to use.
-Status of Personnel Article 15 the Secretary general of the Energy Charter Conference, and his deputy shall enjoy privileges and immunities.
Article 16 1.
All staff of the Energy Charter Conference: has) exemption from all taxes on salaries, emoluments and allowances which they are paid by the Energy Charter Conference and the effective agenda where such income will be subject to a tax for the benefit of the Conference of the Energy Charter, subject to recognition by the Belgium's internal tax system;
The Belgium reserves the right to take account of these salaries, emoluments and allowances for the calculation of the amount of tax collectible on taxable income from other sources.
(b) facilities accorded to officials of international organizations with regard to monetary or foreign exchange regulations.
2. the Energy Charter Conference officials who do not benefit from the privileges and immunities of article 15 are: 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. the officials of the Conference of the Energy Charter and the members of their family dependants are not
subjected to the provisions immigration restrictions or to formalities for the registration of aliens.
4. the Conference of the Energy Charter shall notify the arrival and the departure of its officials in the Ministry of Foreign Affairs. The Energy Charter Conference also notifies the specified information below about its officials: 1. name and surname;
2. place and date of birth;
5. main residence (town, street, number);
6. civil status;
7. composition of the household.
All 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) does not apply or to pensions and annuities paid by the Conference of the Energy Charter to its former officials in Belgium or their privies, or salaries, emoluments and allowances paid by the Charter Conference of energy to its local agents.
Article 18 officials of the Charter Conference of energy who are practising in Belgium any other gainful than that resulting from their duties with the Charter Conference of energy, as well as members of their family dependants not exercising in Belgium any occupation private non-profit character, are not subject to the Belgian legislation on employment of foreign labour and exercise by foreigners of professional activities
Article 19 1. Social security officials of Belgium Energy Charter Conference who are neither citizens nor permanent residents of the Belgium and are practising in Belgium no occupancy private non-profit character other than that required by their official duties can opt, with the prior agreement of the Conference of the Energy Charter, for the purpose of the Belgian legislation.
2. this right of option may be exercised only once and within three months of taking office in Belgium.
3. in regard to people who have opted for the Belgian social security scheme, the Energy Charter Conference applies Belgian legislation on social security.
4. as regards persons declined the Belgian scheme, the Energy Charter Conference has the duty to ensure that they are effectively covered by an adequate social security scheme and the Belgium may be obtained from the Energy Charter Conference reimbursement of the costs of social assistance.
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, officials of the Energy Charter Conference shall have the right, during the period of twelve months following their first assumption of office in Belgium, to import or acquire, free of duties and taxes 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 referred are granted to employees only in the interests of the Conference on the Charter of energy and not for their personal benefit. The Secretary General of the Conference of the energy chain 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 Energy Charter Conference.
Article 23 the Belgium retains the right to take all measures 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 such vehicles.
Article 25 the Energy Charter Conference and the officials of Belgium Energy Charter Conference must comply with all obligations imposed by Belgian legislation for insurance of civil liability for the use of any motor vehicle.
Article 26 officials of the Energy Charter Conference 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 of privileges, immunities and facilities provided for in this agreement.
Article 27 Conference of the Energy Charter will before March 1 of each year to all beneficiaries a plug 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 the salaries, emoluments and allowances subject of tax levied for the benefit of the Energy Charter Conference, this plug also refers to the amount of this tax.
Similarly, double sheets will be sent directly by the Conference of the Energy Charter before the same date to the tax authority competent Belgian.
Article 28 Conference of the Energy Charter, its staff and local staff are required to comply with the Belgian laws and regulations.
Article 29 the Belgium is liable because of the activity of the Conference of the Charter of energy on its territory any international responsibility any for acts and omissions of the Charter Conference of energy or of its officials acting or abstaining in the context of their specific duties 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 the Energy Charter Conference 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 or its statutes for the entry into force of this agreement.
This agreement shall remain in force or during the life of the Charter Conference of energy until the expiry of a period of one year calculated from the date on which one of the parties inform the other of its intention to terminate that agreement.
In witness whereof, the respective representatives of the Kingdom of Belgium and of the Energy Charter Conference have signed this agreement.
Done at Brussels, 26 October 1995, in duplicate, in languages, Dutch, French and English, the three texts being equally authentic.
For the Kingdom of Belgium: E. DERYCKE, Minister for Foreign Affairs for the Energy Charter Conference: C. RUTTEN, President of Conference C. JONES, Secretary general of the Secretariat in accordance with article 31, the agreement entered into force on 27 July 1999 (entry into force international).