Protocol inzake de voorrechten en immuniteiten van de Europese Organisatie voor Kernfysisch Onderzoek 2004

Preamble

The States Parties to this Protocol,

Considering the Convention for the Establishment of a European Organization for Nuclear Research (CERN) and the Financial Protocolannexed thereto, signed on 1st July 1953, entered into force on 29 September 1954 and amended on 17 January 1971;

Considering that the Organization has its seat in Geneva, Switzerland, and that its status in Switzerland is defined by the Agreement between the Swiss Federal Council and the Organization dated 11 June 1955;

Considering that the Organization is also established in France, where its status is defined by the Agreement between the Government of the French Republic and the Organization dated 13 September 1965, as revised on 16 June 1972;

Considering also the Convention between the Federal Council of the Swiss Confederation and the Government of the French Republic dated 13 September 1965 concerning the extension of the Organization's site to include French territory;

Considering that the Organization's activities are increasingly extending into the territory of all the States Parties to the Convention, with a consequent substantial increase in the mobility of persons and goods assigned to and used for its research programmes;

Desiring to ensure the efficient performance of the Organization's functions assigned to it by the Convention, in particular Article II defining the Organization's purposes, and to guarantee it equal treatment on the territory of all the States Parties to the Convention;

Having resolved to this end, in accordance with Article IX of the Convention, to grant to the Organization the privileges and immunities necessary for the exercise of its official activities;

Have agreed as follows:

Article 1. Definitions

For the purpose of this Protocol:

• a). the ``Convention" refers to the Convention for the Establishment of a European Organization for Nuclear Research and theFinancial Protocol annexed thereto, signed on 1st July 1953, entered into force on 29 September 1954 and amended on 17 January 1971;

• b). the ``Organization" refers to the European Organization for Nuclear Research;

• c). ``official activities" refers to the activities of the Organization set out in the Convention, in particular its Article II, including its activities of an administrative nature;

• d). officials" refers to themembers of personnel" as defined in the Staff Rules and Regulations of the Organization;

• e). ``Co-operation Agreement" refers to a bilateral agreement, concluded between the Organization and a non-Member State or a scientific institute established in that State, defining the conditions governing its participation in the activities of the Organization;

• f). ``Association Agreement" refers to a bilateral agreement, concluded between the Organization and a State ineligible to become a Member State, establishing a close institutional partnership between that State and the Organization in order to allow it to be engaged more deeply in the activities of the Organization.

Article 2. International legal personality

Article 3. Inviolability of grounds, buildings and premises

Article 4. Inviolability of archives and documents

The archives of the Organization and all documents in whatever form held by the Organization or belonging to it, wherever located and by whomsoever held, shall be inviolable.

Article 5. Immunity from legal process and from execution

• a). in so far as such immunity is waived in a particular case by the Council of the Organization;

• b). in respect of a claim by a third party for damage arising from an accident caused by a motor vehicle belonging to, or operated on behalf of, the Organization, or in respect of a motor traffic offence involving such a vehicle;

• c). in respect of the enforcement of an arbitration award made under Article 16 or 18 of this Protocol;

• d). in respect of a counter-claim relating directly to and introduced in the procedural framework of a claim brought by the Organization.

• a). in so far as such immunity is waived in a particular case by the Council of the Organization;

• b). in so far as may be temporarily necessary in connection with the prevention or investigation of accidents involving motor vehicles belonging to, or operated on behalf of, the Organization;

• c). in the event of an attachment of salary, enforced for a debt of an official of the Organization, provided that such attachment results from a final and enforceable decision in accordance with the rules and regulations in force on the territory of enforcement.

Article 6. Fiscal and customs arrangements

Article 7. Free disposal of funds

The Organization may freely receive, hold and transfer any kind of funds, currency and cash; it may dispose of them freely for its official activities and hold accounts in any currency to the extent required to meet its obligations.

Article 8. Official communications

The circulation of publications and other information material, received or sent by the Organization in whatever form in the exercise of its official activities, shall not be restricted in any way.

Article 9. Privileges and immunities of the States representatives

• a). immunity from personal arrest, detention and seizure of their personal effects;

• b). immunity from legal process, even after the termination of their mission, in respect of acts, including words spoken or written, done by them in the exercise of their functions; this immunity shall not apply, however, in the case of a motor vehicle offence committed by a representative of a State Party to this Protocol, nor in the case of damage caused by a motor vehicle belonging to or driven by her or him;

• c). inviolability of all official documents in whatever form held;

• d). the right to use codes and to receive documents and correspondence by courier or sealed luggage;

• e). for them and their spouses, exemption from all measures restricting entry and aliens' registration formalities;

• f). the same facilities concerning currency and exchange regulations as those granted to the representatives of foreign Governments on temporary official missions;

• g). the same customs facilities as regards their personal luggage as those granted to diplomatic agents.

Article 10. Privileges and immunities of the officials of the Organization

• a). the right to import free of duty their furniture and personal effects at the time of taking up their appointment with the Organization in the State concerned and the right, on the termination of their functions in that State, to export free of duty their furniture and personal effects, subject, in both cases, to the conditions imposed by the laws and regulations of the State where the right is exercised;

• b).

• (i). subject to the conditions and following the procedures laid down by the Council of the Organization, the officials and the Director-General of the Organization shall be subject to a tax, for the benefit of the Organization, on salaries and emoluments paid by the Organization. Such salaries and emoluments shall be exempt from national income tax;

• (ii). the States Parties to this Protocol shall not be obliged to exempt from income tax pensions or annuities paid by the Organization to its former officials and Directors-General in respect of their service with the Organization;

• c). for themselves and the family members forming part of their household, the same exemption from immigration restrictions and aliens' registration formalities as are normally granted to officials of international organizations;

• d). inviolability of all official documents, in whatever form held;

• e). for themselves and the family members forming part of their household, the same repatriation facilities in time of international crisis as the members of diplomatic missions;

• f). in respect of transfers of funds and currency exchange and customs facilities, the privileges generally granted to the officials of international organizations.

Article 11. Social security

The Organization and the officials employed by the Organization shall be exempt from all compulsory contributions to national social security schemes, on the understanding that such persons are provided with equivalent social protection coverage by the Organization.

Article 12. Privileges and immunities of the Director-General

Article 13. Object and limits of the immunities

• a). in the case of the Director-General, by the Council of the Organization;

• b). in the case of officials, by the Director-General or the person acting in her or his stead as provided in Article VI, paragraph 1 b), of the Convention;

• c). in the case of State representatives, by the State Party concerned;

and there is a duty to do so in any particular case where they would impede the course of justice and can be waived without prejudice to the purpose for which they are accorded.

Article 14. Co-operation with the States Parties to this Protocol

The Organization shall co-operate with the competent authorities of the States Parties to this Protocol in order to facilitate the proper administration of justice, the observance of laws and regulations on police, public health, health and safety at work and on the environment, and to prevent any abuse of privileges, immunities and facilities provided for in this Protocol.

Article 15. Security and public order

Article 16. Disputes of a private nature