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RS 0.192.122.42 Agreement of 11 June 1955 between the Swiss Federal Council and the European Organization for Nuclear Research to determine the legal status of this Organization in Switzerland

Original Language Title: RS 0.192.122.42 Accord du 11 juin 1955 entre le Conseil Fédéral Suisse et l’Organisation Européenne pour la Recherche Nucléaire pour déterminer le statut juridique de cette Organisation en Suisse

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0.192.122.42

Original text

Agreement

Between the Swiss Federal Council and the European Organisation
For Nuclear Research to determine legal status
Of this Organization in Switzerland

Conclu on June 11, 1955

Approved by the Federal Assembly on September 29, 1955 1

Effective with retroactive effect to May 3, 1955

The Swiss Federal Council, on the one hand, the European Organisation for Nuclear Research, on the other hand,

In view of art. IX of the Convention of July 1, 1953 2 For the establishment of a European Nuclear Research Organisation,

In view of resolutions n Bone 3 and 4 contained in the Final Act of the Conference which adopted the aforementioned Convention,

The following Agreement establishes the legal status of the European Organization for Nuclear Research in Switzerland.

Art. 1 Personality

The Swiss Federal Council recognises the international personality and legal capacity in Switzerland of the Organisation.

Art. 2 Immunities

The Organization shall enjoy the immunities and privileges normally accorded to international organizations to the extent necessary for the performance of their functions. Customs privileges and facilities shall be granted in accordance with the Customs Regulation of the Federal Council applicable to international organisations, which shall be annexed to this Agreement.

Art. 3 1 Inviolability of land and premises

The grounds and premises of the Organization are inviolable. No official of the Swiss public authority shall enter without the express consent of the Director-General or his duly authorized representative.


1 See the exchange of letters of 13 July/21 August 1973 (RS 0.192.122.422 ).

Art. 4 Inviolability of archives

The archives of the European Organization for Nuclear Research and in general all documents belonging to it or are in its possession are inviolable.

Art. 5 Freedom of assembly

The Swiss Federal Council acknowledges to the Organisation and its Members, in their relations with it, an absolute freedom of assembly, including freedom of discussion and decision.

Art. 6 Immunity from jurisdiction and immunity from other measures

(1) The Organization shall enjoy, for itself, its properties and property, regardless of where it is located or the person holding them, from immunity in respect of any form of judicial action, except to the extent that such immunity has been Formally lifted by the Council of the Organisation or the person delegated by the Council.

2. The property and property of the Organization, regardless of where they are located or the person holding them, shall enjoy immunity in respect of any search, requisition, confiscation, expropriation and any other form of The seizure or interference of any public authority of any kind.

Art. 7 Publications

Publications of the Organization and those intended for the Organization shall not be subject to import and export prohibitions or restrictions.

Art. 8 1 Tax system

The Organization shall be exempt from federal, cantonal and communal direct and indirect taxes on the buildings owned and occupied by its services, as well as on its movable property, on the understanding that it will not request The exemption of taxes which would in fact represent only remuneration for public services.


1 See ch. 1 of the exchange of letters of 11 June 1955 (RS 0.192.122.421 ).

Art. Free provision of funds

1. The Organization may receive and hold any funds, currencies, numerals and other securities, and freely dispose of them both in Switzerland and abroad.

2. The benefit of this Article shall be extended to the Member States in their relations with the Organization.

Art. 10 Official communications

The Organization shall receive, in its official communications, at least as favourable treatment as that provided to other international institutions in Switzerland:

A.
For all communications priorities and means of transport;
B.
For postal, telegraph, radio, telephone, radio, television, etc.
Art. 11 Exemption from censorship

No censorship shall be exercised in respect of duly authenticated official communications of the European Organisation for Nuclear Research, regardless of the channel of communication used.

Art. 12 Freedom of access and residence

(1) The Swiss authorities shall take all necessary measures to facilitate the entry into Switzerland, the exit of that territory and the stay of all persons called, in official capacity, with the Organization, namely:

A.
Representatives of Member States, irrespective of the relationship between Switzerland and those States;
B.
The Director and the staff of the Organization, as defined in the Convention 1 ,
C.
Individuals, regardless of their nationality, called by the Organization.

2. All measures concerning the Federal Police of Foreigners and aiming to restrict the entry into Switzerland of foreigners or to control the conditions of their stay shall be without application in respect of the persons referred to in this Article.


Art. 13 Representatives

For the purposes of this Agreement, the term representative shall be considered to include all delegates, deputy delegates, advisers, technical experts and secretaries of delegation.

Art. 14 Immunities of the representatives of the Members of the Organization

The representatives of the Members of the Organization, who are called in official capacity with the Organization, shall enjoy in Switzerland, during the performance of their duties, the following privileges and immunities:

A.
Immunity from personal arrest or detention and seizure of their personal baggage and, in respect of acts performed by them in the performance of their duties, including their words and writings, immunity from any jurisdiction;
B.
Inviolability of all papers and documents;
C.
The right to use codes and to receive documents or correspondence by mail or in sealed bags;
D.
Exemption for themselves and their spouses of all restrictive measures relating to immigration, of all formalities for the registration of foreigners and of all national service obligations;
E.
The same facilities for monetary or foreign exchange regulations as those accorded to representatives of foreign governments on temporary official missions;
F.
Customs facilities granted in accordance with the Customs Regulation of the Federal Council applicable to international organisations.

Privileges and immunities shall be accorded to the representatives of the Members of the Organization, not to their personal benefit, but in order to ensure the independence of the performance of their functions in relation to the Organization. Therefore, a Member of the Organization not only has the right, but the duty to waive the immunity of his representative in all cases where, in his view, immunity would impede the action of justice and where it can be waived without compromising the The purpose for which it was granted.

Art. 15 Immunities of the Director-General and certain officials

1. The Director-General of the Organization and the main officials belonging to the categories designated by the Council of the Organization or the person delegated and approved by the Swiss Federal Council shall enjoy the privileges and immunities Recognised by the senior staff of the international organisations established in Switzerland.

2. Customs privileges and facilities shall be granted in accordance with the Customs Regulation of the Federal Council applicable to international organisations.

Art. 16 Immunity from the jurisdiction of officials

Officials and experts of the Organization shall enjoy immunity from jurisdiction for acts performed in the performance of their duties, including words and writings.

Art. 17 1 Exemption and facilities granted to non-Swiss officials

Officials of the Organization who do not have Swiss nationality:

A.
Are exempt from any tax on the salaries and emoluments paid by the Organization;
B.
Are exempt from any obligation relating to the national service in Switzerland;
C.
They are not subject to the provisions restricting immigration and the registration formalities of foreigners, nor are members of their families dependent on them;
D.
Playing, as regards exchange facilities, the same privileges as those granted to officials of international organizations established in Switzerland;
E.
Playing, as well as members of their families living in their care, the same repatriation facilities as diplomatic agents in times of international crisis;
F.
As regards customs, facilities provided for by the Customs Regulation of the Federal Council applicable to international organisations.

1 See c. 2 and 3 of the exchange of letters of 11 June 1955 (RS 0.192.122.421 ).

Art. 18 Military Service of Swiss Officials

1. The Director-General of the Organization or the person by his or her delegate shall communicate to the Swiss Federal Council the list of officials of Swiss nationality who are bound by military obligations.

2. The Director-General of the Organization or the person by his delegate and the Swiss Federal Council shall establish, by mutual agreement, a restricted list of officials of Swiss nationality who, by reason of their duties, benefit from Exemptions.

3. In case of mobilization, the Director-General of the Organization shall have the opportunity to request, through the Federal Political Department, for Swiss officials, a stay of appeal or any other appropriate measures.

Art. 19 Identity Card

1. The Federal Political Department shall provide to the Organization, for each official, an identity card with the photograph of the holder. This map, which is authenticated by the Federal Political Department and the Organization, serves to legitimizing the official in respect of any federal, cantonal and communal authority.

2. The Organisation shall communicate regularly to the Federal Political Department the list of officials of the Organization and members of the family, indicating for each of them the date of birth, nationality, residence in Switzerland and The category or function class to which they belong.

Art. Pension Fund and Special Funds

1. Any pension fund or provident institution officially carrying out its activity in favour of the officials of the Organisation has the legal capacity in Switzerland, if it expresses its desire, and benefits, to the extent of its activity in For such officials, the same exemptions, immunities and privileges as the Organization itself.

(2) Funds and foundations, whether or not they have a legal personality, administered under the auspices of the Organization and assigned to its official purposes, shall enjoy the same exemptions, immunities and privileges as the Organization itself, in respect of Their movable property.

Art. Social Predictive

The Organization shall be exempt from all mandatory contributions to general social welfare institutions, such as compensation funds, unemployment insurance funds, accident insurance, etc., on the understanding that the Organization Ensure, to the extent possible and under conditions to be agreed, membership in the Swiss insurance systems of those of its agents who are not insured by the Organization itself.

Art. Subject of immunities

1. The privileges and immunities provided for in this Agreement shall not be established for the purpose of granting staff members of the Organization Personal Benefits and conveniences. They shall be established solely in order to ensure, in all circumstances, the free functioning of the Organization and the complete independence of its agents.

Waiving of Immunities

2. The Director General has the right and the duty to waive the immunity of an official when he considers that such immunity prevents the normal course of justice and that it is possible to waive that immunity without prejudice to the interests of the Organization. With regard to the Director-General, the Council is entitled to waive the immunities.

Art. Prevention of abuse

The Organization and the Swiss authorities shall cooperate at all times with a view to facilitating the proper administration of justice, ensuring compliance with police regulations and preventing any abuse of the privileges, immunities and facilities provided for in the Agreement.

Art. 24 Private Disputes

The Organisation shall make appropriate arrangements for the satisfactory resolution of:

A.
Disputes arising from contracts to which the Organization is a party and other disputes involving a private law point;
B.
Disputes involving an official of the Organization who, by virtue of his official status, enjoys immunity, if that immunity has not been waived in accordance with the provisions of Art. 22.
Art. 25 Non-responsibility of Switzerland

Switzerland shall not, by virtue of the activities of the Organization in its territory, incur any international responsibility for the acts and omissions of the Organization or for those of its agents acting or abstaining in the course of their Functions.

Art. 26 Security of Switzerland

Nothing in this Agreement shall affect the right of the Swiss Federal Council to take all necessary precautions in the interest of the security of Switzerland.

2. In the event that it considers it necessary to apply the first paragraph of this Article, the Swiss Federal Council shall, as soon as circumstances permit, permit it in connection with the Organisation with a view to establishing, by mutual agreement, the Necessary measures to protect the interests of the Organization.

3. The Organization shall cooperate with the Swiss authorities in order to avoid prejudice to the security of Switzerland as a result of its activity.

Art. 27 Implementation of the Agreement by Switzerland

The Federal Political Department shall be responsible for the execution by the Swiss Confederation of this Agreement.

Art. 28 Jurisdiction

(1) Any difference of opinion concerning the application or interpretation of this Agreement, which could not be settled by direct talks between the parties, may be submitted by either party to the assessment of a tribunal composed of Three members to be constituted upon the entry into force of this Agreement.

2. The Swiss Federal Council and the Organisation shall each appoint a member of the court.

3. The members so appointed shall select their chairperson.

4. In the event of disagreement between the members concerning 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 Tribunal.

(5) The court shall be seized by either party by way of a request.

6. The court shall determine its own procedure.

Art. Entry into force

This Agreement shall enter into force upon its approval by the Swiss Federal Council and the Council of the Organization.

Art. Amendments to the Agreement

(1) This Agreement may be revised at the request of either party.

2. In this event, both Parties shall consult on any amendments to the provisions of this Agreement.

3. In the event that the negotiations do not result in an agreement, the Agreement may be terminated by either party with two years' notice.

Art.

The English and French texts of the Agreement are equally authentic.

Done and signed in Geneva on June 11, 1955, in four copies, two in French and two in English, both texts being equally authentic.


For the

Swiss Federal Council:

For the European Organization

For Nuclear Research:

Pierre Micheli

Felix Bloch


RO 1956 1158; FF 1955 II 389


1 Art. 1 Er Let. B of the FY 29th. 1955 (RO 1956 1141)
2 RS 0.424.091


State 11. July 2006