Key Benefits:
Original text
(State on 3 December 2014)
The States Parties to this Convention ,
Recognizing that threats to atmospheric conditions, for life, health, the economy and property, are becoming increasingly important;
Convinced that the improvement of medium-term weather forecasts contributes to the protection and safety of the population;
Convinced that scientific and technical research undertaken to this end provides an excellent impetus for the development of meteorology in Europe;
Whereas, in order to achieve this aim and objectives, it is necessary to implement means such as they generally exceed the national framework;
Noting the interest in the European economy of a significant improvement in the medium-term weather forecast;
Reaffirming that the creation of an autonomous European centre with an international status is the appropriate means of achieving this goal and objectives;
Convinced that such a centre can make valuable contributions to the development of a scientific basis for environmental monitoring;
Noting that such a centre can contribute, on the other hand, to the ongoing training of scientists;
Ensuring that the activities of such a centre will also make a necessary contribution to certain programs of the World Meteorological Organization (O. Mr. M.) and other interested organizations;
Considering the interest that the establishment of such a centre may also present for the development of the European industry in the field of information technology;
Realising the desire to extend the membership of such a centre to a greater number of States,
Agreed to the following:
1. A European Centre for Medium Term Weather Forecasts is hereby established, hereinafter referred to as "Centre".
2. The organs of the Centre shall be the Council and the Director General. The Council is assisted by a Scientific Advisory Committee and a Financial Committee. Each of these bodies and committees shall carry out its functions within the limits and under the conditions laid down in this Convention.
3. The members of the Centre, hereinafter referred to as "Member States", shall be the States Parties to this Convention.
4. The Centre shall have legal personality in the territory of each Member State. In particular, it has the legal capacity to contract, acquire and dispose of movable and immovable property and to bring legal proceedings.
5. The seat of the Centre shall be located in Shinfield Park, near Reading, Berkshire, on the territory of the United Kingdom of Great Britain and Northern Ireland, unless the Council acts differently in accordance with Art. 6 (1) (g).
6. The official languages of the Centre are the official languages of the Member States.
Her working languages are German, English and French.
The Council shall fix, in accordance with Art. 6 (2) (1), to what extent official languages and working languages are used respectively.
The main purposes of the Centre are the development of a medium-term weather forecasting capability and the provision of medium-term weather forecasts to member states.
2. The objectives of the Centre are:
3. The Centre shall establish and operate the facilities necessary for the attainment of the aims set out in par. 1 and the objectives set out in par. 2.
4. As a general rule, the Centre shall publish or otherwise make available, in accordance with the conditions laid down by the Council, the scientific and technical results of its activities, provided that the results do not fall within the scope of s. 15.
5. The Centre may conduct activities requested by third parties that are consistent with its goals and objectives and that are approved by the Board in accordance with s. 6 (2) (g). The cost of these activities is the responsibility of the third party concerned.
6. The Centre may conduct voluntary programmes in accordance with art. 11 (3).
In order to achieve its objectives, the Centre shall cooperate to the fullest extent possible, in accordance with the international meteorological tradition, with the governments and national bodies of the Member States, as well as with the States Non-members of the Centre or international scientific or technical organizations, governmental or non-governmental, whose activities relate to its objectives.
2. The Centre may conclude cooperation agreements for this purpose:
3. The cooperation agreements referred to in paragraph 1. 2 may provide for the provision of part of the Centre's calculation capacity only in favour of public bodies in the Member States.
The Council shall have the powers and adopt the measures necessary for the implementation of this Convention.
2. The Council shall be composed of two representatives at most from each Member State, one of whom should be a representative of its national meteorological service. Such representatives may be assisted by advisers at meetings of the Council.
A representative of the World Meteorological Organization is invited to participate in the work of the Council as an observer.
(3) The Council shall elect from among its members a Chairman and a Vice-Chairperson, whose terms of office shall be one year and which shall not be re-elected more than twice consecutily.
The Council shall meet at least once a year. It shall be convened at the request of the President or at the request of at least one third of the Member States. Meetings of the Council shall be held at the headquarters of the Centre, unless the Council in exceptional cases decides otherwise.
5. In order to carry out their mandate, the President and the Vice-President may make an appeal to the Director General.
The Council may establish advisory committees, setting out its composition and terms of reference.
The presence of representatives of the majority of the Member States entitled to vote is necessary to constitute a quorum at any session of the Council.
(2) Each Member State shall have one vote in the Council. A Member State shall lose its right to vote in the Council if the amount of its outstanding contributions exceeds the amount of the contributions owed by it under Art. 13, for the current budget year and for the previous year. The Council, acting in accordance with Art. 6 (3) (l) may, however, authorise that Member State to vote.
3. Council decisions on an urgent matter may be acquired by means of a postal vote in the range of sessions of the Council. In this case, participation in the vote of the majority of the Member States entitled to vote is necessary in order to constitute a quorum.
4. For the finding of unanimity and the different majorities provided for in this Convention, only the votes cast for or against the decision submitted to the vote shall be taken into account, and in cases where the Council decides according to the Procedure under s. 6 (2), the financial contributions of the Member States participating in the vote.
The Council, acting unanimously:
2. The Council, acting by a two-thirds majority of the Member States, provided that all contributions from those States represent at least two thirds of the total contributions to the Centre's budget:
The Council, acting by a two-thirds majority:
4. Where no special majority is provided, the Council shall act by a simple majority.
1 RS 0.192.110.942.9
The Scientific Advisory Committee shall consist of twelve members appointed on a personal basis for a period of four years by the Council. It is renewed every quarter every year, with each member having no more than two consecutive terms of office.
A representative of the World Meteorological Organization was invited to participate in the work of the Committee.
The members of the Committee shall be chosen from among the scientists of the Member States belonging to the widest possible range of disciplines related to the activities of the Centre. The Director General shall submit to the Council a list of candidates.
2. The Committee shall formulate, for the Council, opinions and recommendations on the proposed programme of activities of the Centre established by the Director General, as well as on any matter referred to it by the Council. The Director General shall keep the Committee informed of the implementation of the programme. The Committee shall deliver opinions on the results achieved.
The Committee may call on certain experts, in particular persons belonging to services using the services of the Centre, to participate in its work when it comes to solving specific problems.
The Committee shall establish its rules of procedure. This shall enter into force after approval by the Council, acting in accordance with Art. 6 (3) (g).
The Financial Committee shall consist of:
2. Under the conditions laid down in the Financial Regulation, the Committee shall formulate, for the purpose of the Council, opinions and recommendations on all financial matters submitted to the Council and exercise the powers delegated to it by the Council in Financial matters.
The Director General is the head of the Centre's services. He represents the latter in relation to the outside world. It shall, under the authority of the Council, ensure that the tasks entrusted to the Centre are carried out. It shall take part, without the right to vote, at all meetings of the Council.
The Board shall designate the person acting as the Acting Director General.
2. The Director General:
3. In carrying out its tasks, the Director General shall be assisted by the staff of the Centre.
Subject to the second paragraph, the staff of the Centre shall be governed by the Staff Regulations adopted by the Council, acting in accordance with Art. 6 (3) (b).
If the conditions of employment of an officer of the Centre do not fall within that status, they shall be subject to the applicable law in the State in which the person concerned exercises his or her activities.
2. Personnel recruitment shall be carried out on the basis of the personal competence of the persons concerned, taking into account the international character of the Centre. No employment may be reserved for nationals of a particular Member State.
3. It may be used by agents of national bodies of the Member States, made available to the Centre for a fixed term.
The Council shall approve the appointment and dismissal of the officers of the higher ranks defined by the Staff Regulations, as well as the Financial Controller and his alternate.
5. Disputes arising out of the application of the Staff Regulations or the performance of staff contracts shall be settled in accordance with the conditions laid down by the Staff Regulations.
6. Any person who works at the Centre shall be subject to the authority of the Director General and shall comply with all general rules approved by the Council.
7. Each Member State must respect the international character of the responsibilities of the Director General and the other officers of the Centre. In carrying out their duties, the Director General and other officers shall not seek or receive instructions from any government or from any outside authority at the Centre.
The programme of activities of the Centre shall be adopted by the Council, acting on a proposal from the Director General in accordance with Art. 6 (2) (c).
The programme shall, in principle, cover a period of four years and shall be adapted and completed each year for an additional period of one year. It sets the expenditure ceiling for the duration of the programme and contains, in addition, an evaluation, by years and by broad categories, of the expenditure inherent in its implementation.
This expenditure limit can only be amended in accordance with the procedure laid down in Art. 6 (2) (c).
A long-term strategy shall be drawn up on dates and for periods decided by the Council, which shall examine its development at least every five years. This long-term strategy presents a vision of the Centre's strategic objectives and provides direction for its work during the period covered.
The strategy shall be adopted by the Council, acting on a proposal by the Director General in accordance with Art. 6 (3) (o).
3. An optional programme is a programme proposed by a Member State or a group of Member States of which all Member States belong, except those who have formally stated that they are not participating in it and which contributes to the aims and objectives of the Centre in accordance with Art. 2 (1) and 2 (2).
The Centre's budget shall be established for each budgetary year before it is opened, subject to the conditions laid down in the Financial Regulation.
The Centre's expenditure is covered by the financial contributions of the Member States and the other potential revenue of the Centre.
The budget must be balanced in revenue and expenditure. It shall be established in the currency of the State of the seat of the Centre.
2. All expenses and revenues of the Centre shall be subject to detailed forecasts for each budget year and shall be entered in the budget.
Commitment appropriations for a period exceeding the budgetary year may be granted under the conditions laid down in the Financial Regulation.
In addition, an overall estimate of expenditure and revenue by major categories is established for the three subsequent years.
3. The Council, acting in accordance with Art. 6 (2) (b) shall adopt the budget for each financial year and the establishment plan of the Centre attached thereto, as well as any supplementary or amending budgets, and shall support the overall estimate of the expenditure and revenue to be provided for the three Subsequent years.
4. The adoption of the budget by the Council includes:
5. If, at the beginning of a budgetary year, the budget has not yet been adopted by the Council, the Director General may, on a monthly basis, make the commitments and expenditure, by chapters, within the limits of the twelfth of the appropriations in the budget The preceding financial year, and without the effect of this measure having the effect of putting at its disposal appropriations greater than the twelfth of those provided for in the draft budget.
Member States shall pay each month, on a provisional basis, in accordance with the schedule laid down in Art. 13, the sums necessary to ensure the application of the first subparagraph.
6. The budget shall be implemented in accordance with the conditions laid down in the Financial Regulation.
Each Member State shall pay to the Centre an annual contribution in convertible currencies, which shall be fixed on the basis of the scale adopted every three years by the Council, acting in accordance with Art. 6 (3) (h). This scale is based on the average gross national income of each Member State corresponding to the last three calendar years for which statistics are available.
2. The Council, acting in accordance with Art. 6 (3) (h) may decide to temporarily reduce the contribution of a Member State because of special circumstances in that State. A Member State shall be regarded as a special circumstance for having per capita gross national income in an amount determined by the Council, acting in accordance with the procedure laid down in Art. 6 (3).
3. If, after the date of entry into force of this Convention, a State becomes a party to this Convention, the scale of contributions shall be amended by the Council on the basis of the calculation provided for in par. The new scale shall take effect on the date on which the Member State in question becomes party to this Convention.
Any State which becomes a party to this Convention after 31 December of the year of its entry into force is required to pay, in addition to the contribution provided for in par. 1, a one-time additional contribution to expenses previously incurred by the Centre. The amount of this additional contribution shall be fixed by the Council, acting in accordance with the procedure laid down in Art. 6 (1).
Unless otherwise decided by the Council, acting in accordance with the procedure laid down in Art. 6 (1), any additional contribution made under the second subparagraph shall be deducted from the contributions of the other Member States. This reduction shall be calculated in proportion to the contributions actually paid by each Member State before the current financial year.
4. If, after the date of entry into force of this Convention, a State ceases to be a party to this Convention, the scale of contributions shall be amended by the Council on the basis of the calculation provided for in par. The new scale shall take effect on the date on which the Member State in question ceases to be a party to this Convention.
5. The rules for the payment of contributions shall be laid down in the Financial Regulation.
The accounts of all revenue and expenditure of the budget and the balance sheet of the assets and liabilities of the Centre shall be subject, under the conditions laid down in the Financial Regulation, to the audit of auditors providing all Guarantees of independence. The purpose of this audit, which takes place on the premises and, if necessary, on the spot, is to establish the legality and regularity of revenue and expenditure and to ensure the proper financial management of the Centre. The auditors shall submit to the Council a report on the annual accounts.
2. The Council, acting on a proposal from the Financial Committee in accordance with Art. 6 (3) (e), sets out the number of auditors, the duration of their term of office, the amount of their remuneration and the appointment of them.
The Director General shall provide the auditors with all the information and assistance they need to carry out the verification referred to in s. 1.
1. The Centre has the exclusive global ownership of all its products and other results of its activities.
(2) Each Member State shall enjoy free of charge, for its own purposes in the field of weather forecasting, a non-exclusive license and any other non-exclusive right of use in industrial property rights, the programmes Of computers and technological knowledge arising out of the work carried out under this Convention and belonging to the Centre.
3. Where the rights referred to in s. 2 does not belong to the Centre, the Centre strives to obtain the necessary rights under the conditions laid down by the Council.
4. The conditions under which the licences referred to in s. 2 may be extended to applications other than weather forecasts shall be the subject of a decision of the Board, acting in accordance with s. 6 (3) (k).
Privileges and immunities of which the Centre, the representatives of the Member States, as well as the staff and experts of the Centre, enjoy in the territory of the Member States are laid down in a Protocol annexed to this Convention and in fact An agreement to be concluded between the Centre and the State in whose territory the seat of the Centre is situated. This Agreement shall be approved by the Council, acting in accordance with Art. 6 (3) (c).
1. Where it cannot be settled by the good offices of the Council, any dispute between the Member States or between one or more Member States and the Centre relating to the interpretation or application of this Convention, including the Protocol on the Privileges and Immunities provided for in Art. 16, or relating to one of the cases provided for in s. 24 of this Protocol shall, on request from one of the Parties to the dispute to the other, be submitted to an arbitration tribunal, established in accordance with subs. 2, first paragraph, unless the Parties agree among themselves, within three months, of another method of settlement.
(2) Each of the Parties to the dispute, whether constituted by one or more Member States, shall appoint a member of the arbitration tribunal within two months from the date of receipt of the request referred to in subs. 1. These members shall appoint, within two months of the appointment of the second member, a third member, who shall be the President of the Court and who may not be a national of a Member State Party to the dispute. If one of the three members has not been appointed within the prescribed period, it shall be designated by the President of the International Court of Justice at the request of one of the Parties.
The arbitration tribunal shall decide by a majority of the votes. Its decisions shall be binding on the Parties to the dispute. Each Party shall bear the expenses of the member of the court designated by the Party and of its representation in the proceedings before the court. The Parties to the dispute shall bear, on an equal basis, the expenses of the presiding judge and other expenses, unless the court decides otherwise. The court shall lay down its other rules of procedure.
(1) Any Member State may address to the Director-General proposed amendments to this Convention. The Director General shall submit these proposals to the other Member States at least three months before their consideration by the Council. The Council shall examine these proposals and may, acting in accordance with Art. 6 (3) (m), recommend that member states accept the proposed amendments.
2. The amendments recommended by the Council may be accepted by the Member States only in writing. They shall enter into force 30 days after receipt by the Secretary-General of the Council of the European Union of the last written notification of acceptance.
On the expiry of a period of five years from the date of its entry into force, this Convention may be denounced by any Member State by notification to the Secretary-General of the Council of the European Union. The denunciation shall take effect at the end of the second financial year following the year in which it was notified.
2. The Member State which has denounced this Convention remains obliged to contribute to the financing of all commitments entered into by the Centre before such denunciation takes effect and to comply with its own obligations, in As a Member State, vis-a-vis the Centre, before such denunciation takes effect.
3. The Member State which has denounced this Convention shall lose its rights to the heritage of the Centre and shall indemnify the Centre in accordance with the conditions laid down by the Council, acting in accordance with Art. 6 (2) (i) for any loss, for the Centre, of property situated in the territory of that State, unless a special agreement is concluded to provide the Centre with the use of such property.
Any Member State which does not fulfil its obligations under this Convention may be deprived of its membership by decision of the Council, acting in accordance with Art. 6 (1) (c). Art. 19 (2) and (3) shall apply mutatis mutandis.
1. Unless the Council decides otherwise, acting in accordance with Art. 6 (2) (j), the Centre shall be dissolved if the denunciation of this Convention by one or more Member States leads to an increase in the contributions of the other Member States by one fifth in relation to their initial rate.
2. In addition to the case referred to in s. 1, the Centre may at any time be dissolved by the Council, acting in accordance with Art. 6 (1) (d).
3. In the event of the dissolution of the Centre, the Council shall designate a liquidation body.
Unless the Council, acting in accordance with Art. 6 (2) (j), does not decide otherwise, the assets shall be distributed among the Member States at the time of dissolution in proportion to the contributions actually made by them since they are party to this Convention.
If there is a liability, the liability shall be borne by the Member States in proportion to the contributions fixed for the current budgetary year.
1. This Convention shall be open until 11 April 1974, with the General Secretariat of the Council of the European Communities, at the signature of the European States mentioned in the Annex.
It shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited in the archives of the General Secretariat of the Council of the European Communities.
2. This Convention shall enter into force on the first day of the second month following the date on which it has been ratified, accepted or approved by at least two-thirds of the signatory States, including the State in whose territory the seat of the Centre, provided that all contributions by those States, as set out in the schedule, reach at least 80 per cent of the total contributions.
For any other signatory State, this Convention shall enter into force on the first day of the second month following the date of deposit of its instrument of ratification, acceptance or approval.
1. From the date of entry into force of this Convention, any non-signatory State may accede to this Convention, subject to the agreement of the Council, acting in accordance with Art. 6 (1) (b). A State which wishes to accede to this Convention shall notify the Director General and the Director General shall inform the Member States of that request at least three months before it is subject to the Council's decision. The Council shall determine the details of the accession of the State concerned in accordance with Art. 6 (1) (b).
2. Instruments of accession shall be deposited in the archives of the General Secretariat of the Council of the European Union. For each acceding State, this Convention shall enter into force on the first day of the second month following the deposit of its instrument of accession.
The Secretary-General of the Council of the European Union shall notify the signatory States and the acceding States:
Upon entry into force of this Convention or any amendment thereof, the Secretary-General of the Council of the European Union shall register them with the General Secretariat of the United Nations, in accordance with Art. 102 of the United Nations Charter 1 .
The first budgetary year shall extend from the date of entry into force of this Convention to the following 31 December. If this exercise begins in the second half of the year, it extends to December 31 of the following year.
(2) States which have signed this Convention but have not yet ratified, accepted or approved, may be represented at meetings of the Council and participate in its work, without the right to vote, for a period of twelve months to be counted The date of entry into force of this Convention. This period may be extended for a further period of six months by the Council, acting in accordance with the procedure laid down in Art. 6 (3).
3. At its first meeting, the Scientific Advisory Committee shall determine, by drawing of lots, the nine members of the Committee whose terms of reference shall expire, in accordance with Art. 7 (1), first paragraph, at the end of the first, second and third year of operation of the Committee.
This Convention, together with all its amendments, in a single copy in the English, French, Italian, Dutch, Danish, Spanish, Finnish, Greek, Irish, Norwegian, Portuguese, Swedish and Turkish languages, all Texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Union, which shall deliver a copy thereof to each of the Governments of the signatory or acceding States.
(Suivent signatures)
The scale below is intended solely for the purposes of s. 22 (2) of the Convention. It does not in any way prejudge the decisions to be taken by the Board under s. 13 (1) of the Convention on the future scale of contributions.
Countries involved in the elaboration of the Convention |
% |
Belgium |
3.25 |
Denmark |
1.98 |
Federal Republic of Germany |
21.12 |
Spain |
4.16 |
France |
19.75 |
Greece |
1.18 |
Ireland |
0.50 |
Italy |
11.75 |
Yugoslavia |
1.65 |
Luxembourg |
0.12 |
Netherlands |
3.92 |
Norway |
1.40 |
Austria |
1.81 |
Portugal |
0.79 |
Switzerland |
2.63 |
Finland |
1.33 |
Sweden |
4.19 |
Turkey |
1.81 |
United Kingdom |
16.66 |
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 |
19 June |
1974 |
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 |
31 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 A |
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 |
18 July |
1975 |
1 Er November |
1975 |
Serbia |
10 November |
2014 A |
1 Er January |
2015 |
Sweden |
August 14 |
1974 |
1 Er November |
1975 |
Switzerland |
24 April |
1974 |
1 Er November |
1975 |
Turkey |
March 16 |
1976 A |
1 Er May |
1976 |
1 The amendment to the Conv. Was approved by the Federal Council on 29 November 2006. The Conv. In the amended version entered into force for Switzerland on 6 June 2010 ( RO 2010 3125 ).
2 RO 2010 3125 , 2014 3281, 2015 An updated version of the scope of application is published on the DFAE website (www.dfae.admin.ch/traites).