Rs 0.192.110.942.9 Protocol Of October 11, 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

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0.192.110.942.9 original Protocol on the privileges and immunities of the European Centre for weather forecasts in the medium term concluded in Brussels on 11 October 1973, Instrument of ratification deposited by Switzerland on 24 April 1974 entered into force for the Switzerland on November 1, 1975, amended in Brussels on 22 April 2005 (status on June 6, 2010) for States parties to the convention, establishing the Centre for forecasting weather in the medium term signed at Brussels on 11 October 1973, eager to define the privileges and immunities necessary for the proper functioning of this Center, agreed to the following provisions: art. 1-1. The Centre premises are inviolable, subject to the provisions of this Protocol.
2. the authorities of the State of the seat may not enter the premises of the Center only with the consent of the Managing Director or the person designated by the latter. However, the consent of the Director-general may be presumed granted in case of fire or other disaster requiring immediate protection measures.
3. the Center prevents that its premises become the refuge of people trying to escape an arrest or seeking to evade the service of a pleading.

Art. 2. the archives of the Centre shall be inviolable.

Art. 3-1. As part of its official activities, the Centre benefits from immunity from jurisdiction and execution, except: has) insofar as, by decision of the Council, he gave it up in a particular case. However, it is presumed to have waived this immunity if the request of waiver which is presented to him by the national authority before or the opposing party, he did not know, within a period of fifteen days from the date of receipt of this request, that he give up; b) in the case of a civil action brought by a third party for damage arising from an accident caused by a vehicle belonging to the Center or to on behalf of it, as well as in the event of breach of the regulation of traffic; c) in the case of enforcement of an award made in application of art. 23 of this Protocol or of art. 17 of the convention on the establishment of the Centre, hereinafter referred to as 'convention'; d) 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 Center to a member of his staff.

2. in any dispute in which is involved a staff member or expert of the Centre for which immunity is claimed under art. 13 or art. 14, the responsibility of the Centre substitute for that of this member of staff or expert.
3. subject of the by. 1, the property and assets of the Center, regardless of the place where they are, cannot be the subject of any administrative measure or prior to a judgment, such as requisition, confiscation, expropriation or sequestration, unless such a measure is necessary temporarily to prevent accidents involved a vehicle belonging to the Center or circulating on behalf of it or to allow investigations to give rise to such accidents.

Art. 4-1. In the framework of its official activities, the Center and its property and income are exempt from all direct taxes.
2. when the Centre purchases by a significant amount or use services of an important benefits, strictly necessary for the exercise of its official activities, and that the price of such purchases or services includes fees or taxes, the Member State which received the rights and taxes takes appropriate provisions for rehabilitation or reimbursement of the amount of duties and taxes identifiable.
3. no exemption is granted with respect to the taxes, fees and charges which are, in fact, than charges for public utility services.

Art. 5. the products imported or exported by the Center and strictly necessary for the exercise of its official activities are free from any customs duty, tax, or tax and any customs fees, with the exception of those which are, in fact, than charges for services rendered. These products are also exempt from any prohibition or restriction to the import or export. The Member States shall take all necessary measures, within their respective competences, to perform as soon as the tariffs on these products.

Art. 6. no exemption under art. 4 or art. 5 regarding purchases and imports of goods intended for the own needs of the staff members of the Centre or the experts within the meaning of art. 14 art. 7. property acquired in accordance with art. 4 or imported in accordance with art. 5 cannot be sold, transferred or rented to the conditions provided for by the regulations of the State which has granted the exemptions.

Art. 8-1. The Center can receive and hold all funds or currency. He may dispose freely for the exercise of its official activities and maintain accounts in any currency to the extent necessary to meet its commitments.
2. as part of its official activities and without prejudice of the by. 1, the Center may also receive and hold securities and dispose of it, subject to the requirements in terms of exchange control regulations which are applicable to other intergovernmental organizations in the State member.

Art. 9. the circulation of publications and other information materials shipped by the Centre or intended for it as part of its official activities is subject to no restrictions.

Art. 10-1. For the transmission of data as part of its official activities, the Centre has on the territory of each Member State of treatment as favourable as that granted by this State to its national weather service, given this State's international commitments in the field of telecommunications.
2. for its official communications and the transmission of all its documents, the center boasts a treatment as favourable as that granted by each Member State to the other international organizations, in view of this State's international commitments in the field of telecommunications.
3. no censorship cannot be exercised with respect to the official communications of the Center, regardless of the channel used.

Art. 11. Member States take all necessary measures to facilitate the entry, stay and departure of representatives of Member States, members of the staff of the Centre and experts within the meaning of art. 14 art. 12 representatives of Member States participating in the work of the bodies and committees of the Centre shall, while exercising their functions and during their journey to and from the places of meeting, privileges, immunities and facilities following: a) immunity of arrest and detention and immunity from seizure of their personal baggage, except in case of flagrante delicto; b) immunity from jurisdiction even after the end of their mission, for acts, including lyrics and written, that they have made in their official capacity and within the limits of their skills; This immunity is not violation of the traffic regulations committed by a representative of a Member State or in the event of damage caused by a vehicle owned or driven by him; c) inviolability of all papers and documents officials; d) exemption from all measures restricting the entry of foreigners and all formalities of registration of these; e) benefit of the same customs facilities in respect of their personal baggage and the same privileges in respect monetary regulation and exchange control regulations as those accorded to representatives of foreign Governments on temporary official missions.

Art. 13. the members of the staff of the Centre have, within the limits provided by this Protocol, the following privileges, immunities and facilities:

(a) immunity from jurisdiction, even after they have ceased to be at the service of the Centre, for acts, including words and writings, they have made in their official capacity and within the limits of their skills; This immunity is not violation of the traffic regulations committed by a member of staff or in case of damage caused by a vehicle owned or driven by him; b) exemption from any obligation with respect to military service; c) inviolability of all papers and documents officials; d) benefit, for themselves and for the members of their family living in their homes (, the same exceptions to the provisions limiting immigration and regulating the registration of foreigners than those usually accorded to members of the staff of the organizations international; e) benefit from the same privileges for monetary regulation and exchange control regulations than those generally recognised to the members of the staff of international organizations; f) profit, for themselves and for the members of their family living in their homes (, the same facilities for repatriation in times of international crisis than those usually granted to members of the staff of international organizations; g) right to import duty-free their furniture and personal effects on the occasion of their taking office in the State concerned under a commitment for a period of one year at least, and to export duty-free their furniture and personal effects on termination of their duties in that State subject in the other case, the conditions considered necessary by the Government of the State on whose territory the right is exercised and with the exception of property acquired in this State and which, in this one, prohibition of export.

Art. 14. experts not staff who perform functions with the Center or who perform missions for this one enjoy, during the exercise of their functions or during their missions and during travel in this role or of these missions, the privileges, immunities and facilities following, insofar as they are necessary for the exercise of their functions or for the accomplishment of their missions (: a) immunity from jurisdiction, even after the termination of their functions with the Center, for acts, including words and writings, they had made in their capacity of experts and within the limits of their skills; This immunity is not violation of the traffic regulations committed by an expert, or in the event of damage caused by a vehicle owned or driven by him; b) inviolability of their papers and documents officials; c) benefit of the same customs facilities in respect of their personal baggage and the same privileges for monetary regulation and exchange control regulations as those granted to the persons sent by foreign Governments temporary official mission.

Art. 15-1. Under the conditions and according to the procedure laid down by the Council, acting under the procedure laid down in art. 6 by. 2 of the convention within a period of one year from the date of entry into force, the members of the staff of the Centre are subject to the benefit of the latter, within the limits provided for in this Protocol, to a tax on the salaries, wages and emoluments paid by the Centre. As of the date on which the tax is applied, these salaries, wages and emoluments are exempt from national taxes on income, the Member States retaining the possibility to take into account such salaries, wages and emoluments for the calculation of the amount of the tax on the income from other sources.
2. the by. 1 does not apply to pensions and similar benefits paid by the Centre.

Art. 16. no Member State is required to grant the privileges and immunities listed in art. 12, art. 13 under b), e), f) and g) and art. 14 in c) to its representatives, its nationals or people who, on their entry into functions at the Centre, are permanent residents of that State.

Art. 17. the Council, acting under the procedure laid down in art. 6 by. 3 under o) of the convention, determines the categories of staff to which apply, in whole or in part, the art. 13 and 15, as well as the categories of experts to which applies art. 14. the names, qualifications and addresses of the people in these categories are periodically communicated to Member States.

Art. 18 in the case where the Center establishes its own social security regime or adheres to that of another international organization under the conditions provided for by the staff regulations, the Center and its staff members are exempt from all compulsory contributions to national organizations of social welfare, subject to agreements to be concluded for that purpose with interested Member States in the conditions provided for in art. 22 art. 19-1. The privileges, immunities and facilities provided for in this Protocol are granted exclusively in the interests of the Center and Member States, and not for the personal benefit of the beneficiaries.
2. the competent authorities have not only the right but also the duty to waive immunity if it hinders the action of justice and it can be lifted without compromising the purpose for which it was awarded.
3. the competent authorities referred to in the by. 2 are: - the Member States with regard to their representatives, - the consultant which concern the Director general, - the Director-general in which the other members of staff and experts within the meaning of art. 14 art. 20-1. The Center cooperates at all times with the competent authorities of the Member States to facilitate the proper administration of justice, to ensure the observance of police regulations and regulations concerning public health and inspection of the work, as well as similar laws, and to prevent any abuse of privileges, immunities and facilities provided for in this Protocol.
2. the modalities of cooperation may be specified in the complementary agreements referred to in art. 22 art. 21. the provisions of this Protocol may call into question the right of each Member State to take all necessary precautions in the interests of its security.

Art. 22. the Centre may, on a decision by the Council, acting unanimously, to conclude supplementary agreements with any Member State for the implementation of this Protocol, as well as other arrangements to ensure the good functioning of the Centre and its interests.

Art. 23 1. The Centre is required to insert, in all written contracts - other than those concluded in accordance with the staff regulations – which it is a party and which relate to the subjects for which he benefits from immunity from jurisdiction, an arbitration clause providing that any dispute raised about the interpretation or execution of the contract will be, at the request of either party subject to arbitration.
2. the Centre is required to submit to arbitration by way of compromise, at the request of the victim, any other dispute relating to loss or damage caused by the Centre to people or property.
3. the arbitration clause or the compromise must specify the mode of appointment of arbitrators and the third arbitrator, the applicable law and the country in which sitting arbitrators. The arbitration will be that of this country.
4. execution of the award rendered as a result of the arbitration will be governed by the rules in force in the State on the territory of which it will take place.

Art. 24 1. Any Member State may submit to the arbitration provided for in art. 17 of the convention any dispute: - for damage caused by the Centre; - either involving a non-contractual obligation of the Centre;-be involving a member of staff or an expert from the Center for which immunity may be claimed in accordance with art. 13 or art. 14 if such immunity has not been lifted in accordance with art. 19 2. If a Member State intends to submit a dispute to arbitration, he shall notify the Director-general, who shall immediately inform each Member State.
3. the procedure laid down in paragraph 1 does not apply to disputes between the Center to members of his staff about the terms of service of these.
4. the award of the arbitral tribunal is final and without appeal; the parties must comply. In the event of dispute as to the meaning or scope of the award, it is up to the arbitration tribunal to interpret it at the request of either party.

Art. 25 for the purposes of this Protocol: a) "official activities of the Center" include administrative and activities intended for the realisation of the objectives defined in art. 2 of the convention, b) the expression "staff member" includes the Executive Director of the Centre.

Art. 26 scope on June 6, 2010, this Protocol must be interpreted in the light of its essential purpose, which is to enable the Centre to carry out its mission fully and effectively and to exercise the functions assigned to him by the convention.
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Scope of application on June 6, 2010 States parties Ratification, accession (A) entry into force Germany, September 29, 1975 November 1, 1975 Austria


October 28, 1975 December 1, 1975 Belgium July 29, 1975 November 1, 1975 Denmark July 29, 1975 1 November 1975 Spain October 21, 1974 1 November 1975 Finland July 22, 1975 November 1, 1975 France August 22, 1975 November 1, 1975 Greece July 20, 1976 1 September 1976 Ireland January 30, 1975 November 1, 1975 Iceland April 19, 2011 is June 1, 2011 Italy July 31, 1977 1 September 1977 Luxembourg may 13, 2002 July 1, 2002 Norway 29 November

1988 to January 1, 1989 Netherlands September 26, 1974 1 November 1975 Portugal November 26, 1975 January 1, 1976 United Kingdom August 22, 1975 November 1, 1975 Switzerland November 1, 1975 November 1, 1975 Sweden 14 August 1974 1 November 1975 Turkey 16 March 1976 A 1 May 1976 RO 1975 2292 this Protocol in its amended version entered into force for all States parties on June 6, 2010 (RO 2011 4021) and the Switzerland.
RS 0.420.514.291 a version of the update scope is published on the web site of the FDFA (www.dfae.admin.ch/traites).

June 6, 2010 State

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