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11 JUIN 1998. - Act to approve the Agreement between the Kingdom of Belgium and the Conference of the Charter of Energy, signed in Brussels on 26 October 1995 (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 Agreement between the Kingdom of Belgium and the Conference of the Charter of Energy, signed in Brussels on 26 October 1995, will come out its full and complete effect.
Art. 3. This Act produces its effects on 26 October 1995.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Donné à Bruxelles, le 11 juin 1998.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
The Minister of the Interior,
L. TOBBACK
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,
T. VAN PARYS
Seal of the state seal:
Minister of Justice,
T. VAN PARYS
____
Note
(1) Session 1997-1998:
Senate.
Documents. - Bill tabled on 22 December 1997, No. 1-832/1. - Report, n°1-832/2. - Text adopted in commission, no. 1-832/3.
Annales parliamentarians. - Discussion. Meeting of 19 February 1998. - Vote. Meeting of 19 February 1998.
House of Representatives:
Documents. - Project transmitted by the Senate, No. 1442/1. - Text adopted in plenary session and subject to Royal Assent, No. 1442/2.
Annales parliamentarians. - Discussion. Session of March 18, 1998. - Vote. Meeting of 19 March 1998.
AGREEMENT ON THE BELGIUM ROYAUME AND THE ENERGY CHARTER CONFERENCE
BELGIUM ROYAUME
and
LA CONFERENCE DE LA CHARTE DE L'ENERGIE, represented and acting by the Energy Charter Secretariat,
Considering the Energy Charter, signed in Lisbon on 17 December 1994,
Considering the decision to establish the Energy Charter Secretariat in Brussels,
Desirous of concluding an agreement to establish the privileges and immunities necessary for the exercise of the functions of the Conference of the Energy Charter in Belgium,
The following agreed:
CHAPTER I. - Privileges and Immunities of the Conference of the Charter of Energy
Article 1
The Energy Charter Conference has the broadest legal capacity recognized to legal entities. Its assets and assets used exclusively for the performance of its official duties enjoy immunity from jurisdiction, except to the extent that the Energy Charter Conference has expressly waived it in a particular case. A separate waiver is required for any enforcement action.
Article 2
The premises used to perform the official functions 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 to be acquired in the event of an inmate or other claim requiring immediate protection.
Belgium will take all appropriate measures to prevent the premises of the Energy Charter Conference being invaded or damaged, whether the peace of the Energy Charter Conference is disturbed or its diminished dignity.
Article 3
Except as necessary for investigations to which an accident caused by a motor vehicle belonging to the Conference of the Energy Charter or circulating 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 goods and assets of the Conference of the Energy Charter may not be subject to any form of requisition, confiscation, seizure or other form of public defence
If an expropriation was necessary for these reasons, all appropriate measures would be taken to prevent the exercise of the functions of the Energy Charter Conference and to ensure that an entire allowance would be paid promptly.
Belgium will provide its assistance to allow the installation or resettlement of the Energy Charter Conference.
Article 4
The archives of the Conference of the Energy Charter 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 in any place 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 execution of operations meeting its objectives.
2. Belgium undertakes to grant to the Conference of the Charter of Energy 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 Conference of the Charter of Energy will take place, including the issue of borrowings when authorized by Belgium.
Article 6
The Conference of the Energy Charter, its assets, revenues and other assets assigned to official use are exempt from all direct taxes.
No direct tax exemption is granted for the income of the Conference of the Charter of the Energy that comes from an industrial or commercial activity carried out by the Conference of the Charter of the Energy or by one of its members on behalf of the Conference of the Charter of the Energy or of its member countries.
Article 7
Where the Energy Charter Conference makes significant purchases of real property or furniture or performs important 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 arising from the provisions of the Treaty establishing the European Economic Community and the application of legal or regulatory, prohibitive or restrictive provisions concerning public order or security, public health or morals, the Conference of the Charter of Energy may import all goods and publications intended for its official use.
Article 9
The Energy Charter Conference is exempt from any indirect taxes, including entry fees for goods imported, acquired or exported by it or on its behalf for its official use.
Article 10
The Energy Charter Conference is exempt from any indirect taxes on official publications intended for it or sent abroad.
Article 11
Property belonging to the Conference of the Energy Charter cannot be transferred to Belgium unless it is subject to conditions prescribed by Belgian legislation and by the Minister of Finance.
Article 12
The Energy Charter Conference 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 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 Energy Charter Conference
Article 14
The representatives of the States parties to the Treaty on the Charter of Energy participating in the work of the Conference of the Charter of the Energy, their technical advisers and experts, the official participants as well as the officials of the Conference of the Charter of Energy residing or having their centre of activity outside Belgium, shall enjoy, during the exercise of their functions, privileges, immunities and ease of use.
CHAPTER III. Staff regulations
Article 15
The Secretary General of the Energy Charter Conference and his Deputy shall enjoy diplomatic privileges and immunities.
Article 16
1. All officials of the Energy Charter Conference benefit from:
(a) the exemption of any tax on salaries, emoluments and allowances paid to them by the Conference of the Charter of Energy, beginning on the day that such income will be subject to a tax for the benefit of the Conference of the Charter of Energy, subject to Belgium's recognition of the domestic tax system;
Belgium reserves the opportunity to take into account these salaries, emoluments and allowances for the calculation of the amount of tax payable on taxable income from other sources.
(b) Facilitated facilities for officials of international organizations with regard to currency or exchange regulations.
2. Officials of the Conference of the Charter of Energy who do not enjoy 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. Officials of the Energy Charter Conference and their dependent family members are not subject to immigration or registration procedures for foreigners.
4. The Energy Charter Conference notifies the arrival and departure of its officials to the Ministry of Foreign Affairs. The Energy Charter Conference also notifies the following information regarding its officials:
1. name and name;
2. place and date of birth;
3. sex;
4. nationality;
5. main residence (community, street, number);
6. civil status;
7. household composition.
All changes 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) shall not apply to pensions and annuities paid by the Conference of the Charter of Energy to its former officials in Belgium or to their beneficiaries, or to the salaries, emoluments and allowances paid by the Conference of the Charter of Energy to its local officials.
Article 18
Officials of the Conference of the Charter of Energy who do not carry out any other lucrative activity in Belgium than that resulting from their functions with the Conference of the Charter of Energy, as well as members of their families in charge not exercising in Belgium any private occupation of a lucrative character, are not subject to Belgian legislation in the field of employment of the foreign labour and in the field of work by foreigners
Article 19
1. In the field of social security, officials of the Conference of the Charter of Energy in Belgium who are neither permanent nationals nor permanent residents of Belgium and do not exercise in Belgium any private occupation of a profit other than that required by their official functions may opt, with the prior agreement of the Conference of the Charter of Energy, for the application of Belgian legislation.
2. This right of option can only be exercised once and within three months of taking office in Belgium.
3. With regard to those who have opted for the Belgian social security regime, the Conference of the Energy Charter applies Belgian social security legislation.
4. With regard to persons who have declined the Belgian regime, the Conference of the Charter of Energy has the duty to ensure that they are effectively covered by an adequate social security regime and Belgium will be able to obtain from the Conference of the Charter of Energy the reimbursement of costs incurred by any social assistance.
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 the Conference of the Energy Charter shall enjoy the right, during the period of twelve months following their first taking of office in Belgium, to import or acquire, free of charge, furniture and a car 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
These privileges and immunities are granted to officials only in the interest of the Energy Charter Conference and not to their personal benefit. The Secretary General of the Chane de l'Energie Conference 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 the Conference of the Energy Charter.
Article 23
Belgium retains the right to take all appropriate measures 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 such vehicles.
Rule 25
The Conference of the Charter of Energy and the officials of the Conference of the Charter of Energy in Belgium must comply with all the obligations imposed by Belgian legislation with regard to insurance of civil liability for the use of any motor vehicle.
Rule 26
The officials of the Energy Charter Conference will at any time cooperate with the competent Belgian authorities to facilitate the proper administration of justice, to ensure compliance with police regulations and to avoid any abuse of the privileges, immunities and facilities provided for in this Agreement.
Rule 27
The Energy Charter Conference will deliver before 1^er March of each year to all recipients a form specifying in addition to their name and address, the amount of salary, emoluments, allowances, pensions or annuities paid to them in the previous year. With respect to salaries, emoluments and allowances that are subject to the tax collected for the benefit of the Energy Charter Conference, this form also mentions the amount of this tax.
Similarly, the double sheets will be transmitted directly by the Energy Charter Conference before the same date to the competent Belgian Tax Administration.
Rule 28
The Energy Charter Conference, its local officials and agents are required to comply with Belgian laws and regulations.
Rule 29
Belgium does not rely on the activity of the Conference of the Charter of Energy in its territory any international responsibility whatsoever for the acts and omissions of the Conference of the Charter of Energy or for those of its officials acting or abstaining in the context of their specific functions.
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 the Energy Charter Conference each designate a member of the Arbitration Tribunal.
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 or statutes for the implementation of this Agreement.
This agreement will remain in effect either during the lifetime of the Energy Charter Conference or until the expiry of a one-year period calculated from the date on which one of the parties will inform the other of its intention to terminate the said agreement.
In faith, the respective representatives of the Kingdom of Belgium and the Conference of the Charter of Energy signed this Agreement.
Done in Brussels on 26 October 1995, in duplicate, in the French, Dutch and English languages, the three texts being equally authentic.
For the Kingdom of Belgium:
E. DERYCKE,
Minister of Foreign Affairs
For the Energy Charter Conference:
Ch. RUTTEN,
President of the Conference
C. JONES,
Secretary-General of the Secretariat
In accordance with Article 31, this Agreement entered into force on 27 July 1999 (entered into international force).