Advanced Search

RS 0.192.110.942.9 Protocol of 11 October 1973 on the privileges and immunities of the European Centre for Medium Term Weather Forecasts

Original Language Title: RS 0.192.110.942.9 Protocole du 11 octobre 1973 sur les privilèges et immunités du Centre européen pour les prévisions météorologiques à moyen terme

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

0.192.110.942.9

Orig Text I Nal

Protocol on the Privileges and Immunities of the European Centre for Medium-Term Weather Forecasts

Conclu in Brussels on 11 October 1973

Instrument of ratification deposited by Switzerland on 24 April 1974

Entry into force for Switzerland on 1 Er November 1975

Amendments to Brussels on 22 April 2005 1

(State on 6 June 2010)

The States Parties

The Convention establishing the European Centre for Medium-Term Weather Forecasts, signed at Brussels on 11 October 1973 2 ,

Wishing to define the privileges and immunities necessary for the proper functioning of this Centre,

Agreed to the following provisions:

Art. 1

The premises of the Centre shall be inviolable, subject to the provisions of this Protocol.

2. The authorities of the State of the seat may enter the premises of the Centre only with the consent of the Director General or the person designated by the Director General. However, the consent of the Director General may be presumed to be acquired in the event of a fire or other disaster requiring immediate protection.

3. The Centre prevents its premises from becoming a refuge for persons attempting to escape arrest or seeking to evade the meaning of an act of procedure.

Art. 2

The archives of the Centre are inviolable.

Art. 3

1. In the course of its official activities, the Centre shall enjoy immunity from jurisdiction and execution, except:

(a)
To the extent that, by decision of the Council, it waives it in a particular case. However, it is presumed to have waived this immunity if, as a result of a request for renunciation submitted to it by the national authority seised or the opposing party, it has not made known, within 15 days from the date of the Date of receipt of this application, that the application is not waived;
(b)
In the case of civil action brought by a third party for damage resulting from an accident caused by a vehicle belonging to or on behalf of the Centre, as well as in the event of an infringement of the regulation of traffic;
(c)
In the event of the execution of an arbitral award, made pursuant to s. 23 of this Protocol or of Art. 17 of the Convention establishing the Centre, hereinafter referred to as "the Convention";
(d)
In the case of seizure by a third party, in execution of a decision of the administrative or judicial authorities, of the salaries, wages and emoluments owed by the Centre to a member of its staff.

2. In any dispute involving a staff member or an expert from the Centre for which immunity from jurisdiction is claimed in accordance with Art. 13 or art. 14, the responsibility of the Centre is substituted for that of this staff member or expert.

3. Subject to subs. 1, the assets and assets of the Centre, regardless of where they are located, may not be subject to any administrative or pre-judgment measure, such as requisition, confiscation, expropriation or seizure, to Less than such a measure is temporarily necessary for the prevention of accidents involving a vehicle belonging to the Centre or circulating on its behalf or in order to enable such investigations to be carried out Accidents.

Art. 4

1. In the course of its official activities, the Centre and its property and income are exempt from any direct tax.

2. When the Centre makes purchases of an important amount or uses services of a substantial amount, strictly necessary for the performance of its official activities, and the price of such purchases or services Includes duties or taxes, the Member State which has collected the duties and taxes shall make appropriate arrangements for the remission or refund of the amount of the identifiable duties and taxes.

3. No exemption is granted in respect of taxes, duties and taxes which constitute, in fact, mere remuneration for services of public utility.

Art. 5

Goods imported or exported by the Centre and strictly necessary for the exercise of its official activities shall be exempt from any customs duty, tax or customs duty, except those which constitute, in fact, The mere remuneration of services rendered. These products are also exempt from any prohibition or restriction on import or export. Member States shall take all appropriate measures, within the framework of their respective powers, to ensure that customs operations on these products are carried out as soon as possible.

Art. 6

No exemption is granted under s. 4 or art. 5 in respect of purchases and imports of goods intended to cover the specific needs of staff members of the Centre or experts within the meaning of Art. 14.

Art. 7

Property acquired in accordance with s. 4 or imported in accordance with s. 5 may be sold, ceded or leased only under the conditions set out in the regulations of the State which granted the exemptions.

Art. 8

1. The Centre may receive and hold any funds or funds. It may freely dispose of it for the performance of its official activities and maintain accounts in any currency to the extent necessary to meet its commitments.

2. In the course of its official activities and without prejudice to s. 1, the Centre may also receive and hold securities and dispose of such securities, subject to the rules on exchange regulations that may be applicable to other intergovernmental organizations in the State Interested member.

Art.

The circulation of publications and other information materials sent by or intended for the Centre in the course of its official activities shall not be subject to any restriction.

Art. 10

For the transmission of data in the context of its official activities, the Centre shall enjoy in the territory of each Member State treatment as favourable as that granted by that State to its national meteorological service, taking account of the The state's international commitments in the field of telecommunications.

2. For its official communications and the transfer of all its documents, the Centre benefits from such favourable treatment as that granted by each Member State to other international organisations, taking into account international commitments Of this state in the field of telecommunications.

3. No censorship may be exercised in respect of the Centre's official communications, regardless of the communication channel used.

Art. 11

Member States shall take all appropriate measures to facilitate the entry, residence and departure of representatives of the Member States, staff of the Centre and experts within the meaning of Art. 14.

Art. 12

The representatives of the Member States participating in the work of the bodies and committees of the Centre shall enjoy, during the performance of their duties and during their journeys to or from the places of meetings, privileges, immunities and immunities And the following facilities:

(a)
Immunity from arrest and detention and immunity from seizure of personal baggage, except in the case of flagrante delicto;
(b)
Immunity from legal proceedings, even after the end of their duties, for acts, including words and writings, which they have performed in their official capacity and within the limits of their competence; this immunity does not occur in the event of an infringement of the Regulation of traffic by a representative of a Member State or in the event of damage caused by a vehicle belonging to or driven by it;
(c)
Inviolability of all official documents and documents;
(d)
Exemption from all measures restricting the entry and registration of foreigners;
(e)
The same customs facilities in respect of their personal baggage and the same privileges in terms of monetary and exchange rate regulation as those granted to representatives of foreign governments on mission Temporary official.
Art. 13

The members of the staff of the Centre shall enjoy, within the limits provided for in this Protocol, the following privileges, immunities and facilities:

(a)
Immunity from legal proceedings, even after they have ceased to serve the Centre, for acts, including words and writings, which they have performed in their official capacity and within the limits of their competence; this immunity does not Infringement of the regulation of movement committed by a staff member or in the event of damage caused by a vehicle belonging to or driven by it;
(b)
Exemption from any military service obligations;
(c)
Inviolability of all official documents and documents;
(d)
Benefit, for themselves and for members of their families living in their homes, of the same exceptions to the provisions restricting immigration and regulating the registration of foreigners than those generally recognised by the staff of the International organizations;
(e)
The benefit of the same monetary and exchange rate regulatory privileges as those generally recognized by the staff of international organizations;
(f)
Benefit, for themselves and for family members living in their homes, of the same repatriation facilities in times of international crisis as those generally granted to members of staff of international organisations;
(g)
The right to import duty free of their furniture and effects on the occasion of their taking office in the State concerned under a commitment of at least one year, and to export their furniture and their personal effects free of charge On the termination of their duties in that State, subject, in either case, to conditions deemed necessary by the Government of the State in whose territory the right is exercised and with the exception of property acquired in that State and Subject, in the latter, to an export prohibition.
Art. 14

Experts who are not members of the staff who carry out functions at the Centre or perform missions for the Centre shall enjoy, during the performance of their duties or during their missions and during the course of their visits to Such functions or missions, the following privileges, immunities and facilities, to the extent that they are necessary for the performance of their functions or for the performance of their tasks:

(a)
Immunity from legal proceedings, even after the termination of their duties with the Centre, for acts, including words and writings, which they have performed in their capacity as experts and within the limits of their competence; this immunity does not Infringement of the regulation of movement committed by an expert or in the event of damage caused by a vehicle owned or operated by him;
(b)
Inviolability of all official documents and documents;
(c)
The same customs facilities in respect of their personal baggage and the same privileges in relation to monetary and exchange rate regulation as those granted to persons sent by foreign governments in Temporary official mission.
Art. 15

1. Under the conditions and in accordance with the procedure laid down by the Council, acting in accordance with the procedure laid down in Art. 6 para. 2 of the Convention within one year from the date of entry into force of the Convention, the members of the staff of the Centre shall, for the benefit of the Centre, be subject to a treatment tax within the limits provided for in this Protocol; Salaries and fees paid by the Centre. As from the date on which that tax is applied, these salaries, wages and emoluments are exempt from national income taxes, with the Member States reserving the right to take account of such salaries, wages and Emoluments for calculating the amount of tax to be collected on income from other sources.

2. Le par. 1 does not apply to similar pensions and benefits paid by the Centre.

Art. 16

No Member State shall be obliged to grant the privileges and immunities listed in Art. 12, art. 13 (b), (e), (f) and (g) and art. 14 (c) to its representatives, nationals or persons who, upon entry into the Centre, are permanent residents of that State.

Art. 17

The Council, acting in accordance with the procedure laid down in Art. 6 para. 3 (o) of the Convention, determines the categories of staff to which, in whole or in part, s. 13 and 15, as well as the categories of experts to which s. 14. The names, qualities and addresses of the persons included in these categories shall be communicated periodically to the Member States.

Art. 18

In the event that the Centre establishes its own social security scheme or adheres to that of another international organisation under the conditions laid down by the Staff Regulations, the Centre and its staff shall be free of all Compulsory contribution to national social security organisations, subject to the agreements to be concluded for that purpose with the Member States concerned in accordance with the conditions laid down in Art. 22.

Art. 19

1. The privileges, immunities and facilities provided for in this Protocol shall be granted exclusively in the interest of the Centre and the Member States, and not for the personal benefit of the beneficiaries.

2. The competent authorities not only have the right but also the duty to waive immunity if it obstrucs the action of justice and if it can be lifted without compromising the purposes for which it was granted.

3. The competent authorities referred to in s. 2 are:

-
Member States with regard to their representatives,
-
The Council as regards the Director General,
-
The Director General in respect of other staff members and experts within the meaning of s. 14.
Art.

The Centre shall cooperate at all times with the competent authorities of the Member States with a view to facilitating the proper administration of justice, ensuring compliance with police regulations and regulations concerning public health and inspection Of the work and similar laws and to prevent any abuse of the privileges, immunities and facilities provided for in this Protocol.

2. The arrangements for cooperation may be specified in the supplementary agreements provided for in Art. 22.

Art.

The provisions of this Protocol shall not affect the right of each Member State to take all necessary precautions in the interests of its safety.

Art.

The Centre may, on a decision of the Council, acting unanimously, conclude complementary agreements with any Member State for the implementation of this Protocol, as well as other arrangements in order to ensure the proper functioning of the Centre and the Safeguarding its interests.

Art.

1. The Centre shall be required to insert, in all written contracts-other than those concluded in accordance with the Staff Regulations-to which it is a party and which relate to matters for which it enjoys immunity from jurisdiction, a clause Arbitration that any dispute arising in respect of the interpretation or performance of the contract shall, at the request of either party, be submitted to arbitration.

2. The Centre shall submit to arbitration by way of compromise, at the request of the victim, any other dispute concerning loss or damage caused by the Centre to persons or property.

3. The arbitration clause or the compromise shall specify the method of appointment of the arbitrators and the third-party arbitrator, the applicable law and the country in which the arbitrators will sit. The arbitration procedure will be that of this country.

4. The execution of the award made following arbitration shall be governed by the rules in force in the State in whose territory it will take place.

Art. 24

(1) Any Member State may submit to the arbitration tribunal provided for in Art. 17 of the Convention any dispute:

-
Relative to damage caused by the Centre;
-
Involving a non-contractual obligation of the Centre;
-
Either involving a staff member or an expert from the Centre for which immunity from jurisdiction could be claimed in accordance with Art. 13 or art. 14 if this immunity has not been waived in accordance with Art. 19.

(2) If a Member State intends to submit a dispute to arbitration, it shall notify the Director General, who shall inform each Member State immediately.

(3) The procedure referred to in paragraph 1 shall not apply to disputes between the Centre and its staff concerning the conditions of service of the latter.

4. The award of the arbitration tribunal shall be final and without appeal; the parties shall abide by it. In the event of a dispute as to the meaning or scope of the award, it is for the arbitral tribunal to interpret it at the request of either party.

Art. 25

For the purposes of this Protocol:

(a)
The "official activities of the Centre" shall include its administrative functions and activities aimed at achieving the objectives set out in Art. 2 of the Convention,
(b)
The term "staff members" includes the Director General of the Centre.
Art. 26 Scope on 6 June 2010

This Protocol shall be interpreted in the light of its essential objective, which is to enable the Centre to fulfil its mission in full and effectively and to carry out the functions assigned to it by the Convention.

(Suivent signatures)

Scope on 6 June 2010 3

States Parties

Ratification Accession (A)

Entry into force

Germany

29 September

1975

1 Er November

1975

Austria

28 October

1975

1 Er December

1975

Belgium

July 29

1975

1 Er November

1975

Denmark

July 29

1975

1 Er November

1975

Spain

21 October

1974

1 Er November

1975

Finland

July 22

1975

1 Er November

1975

France

22 August

1975

1 Er November

1975

Greece

July 20

1976

1 Er September

1976

Ireland

30 January

1975

1 Er November

1975

Iceland

19 April

2011 A

1 Er June

2011

Italy

July 31

1977

1 Er September

1977

Luxembourg

13 May

2002

1 Er July

2002

Norway

29 November

1988 A

1 Er January

1989

Netherlands

26 September

1974

1 Er November

1975

Portugal

26 November

1975

1 Er January

1976

United Kingdom

22 August

1975

1 Er November

1975

Switzerland

1 Er November

1975

1 Er November

1975

Sweden

August 14

1974

1 Er November

1975

Turkey

March 16

1976 A

1 Er May

1976


RO 1975 2292


1 This Protocol in its amended version entered into force for Switzerland and all States Parties on 6 June 2010 ( RO 2011 4021 ).
2 RS 0.420.514.291
3 A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on 6 June 2010