Resolução da Assembleia da República n.º 45/2007, de 10 de Setembro de 2007
Resolução da Assembleia da República n.º 45/2007 Aprova o Protocolo sobre Privilégios e Imunidades da Organização Europeia para a Investigação Nuclear, assinado em Genebra em 19 de Março de 2004 A Assembleia da República resolve, nos termos da alí- nea
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do artigo 161.º e do n.º 5 do artigo 166.º da Consti- tuição, aprovar o Protocolo sobre Privilégios e Imunidades da Organização Europeia para a Investigação Nuclear, assi- nado em Genebra em 19 de Março de 2004, cujo texto, na versão autenticada na língua inglesa e respectiva tradução para língua portuguesa, se publica em anexo.
Aprovada em 19 de Julho de 2007. O Presidente da Assembleia da República, Jaime Gama.
PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN ORGANIZATION FOR NUCLEAR RESEARCH Preamble The States Parties to this Protocol: Considering the Convention for the Establishment of a European Organization for Nuclear Research (CERN) and the Financial Protocol annexed 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 concer- ning the extension of the Organization's site to include French territory; Considering that the Organization's activities are incre- asingly 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 pri- vileges and immunities necessary for the exercise of its official activities; have agreed as follows: Article 1 Definitions For the purpose of this Protocol:
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The «Convention» refers to the Convention for the Establishment of a European Organization for Nuclear Re- search and the Financial Protocol annexed thereto, signed on 1st July 1953, entered into force on 29 September 1954 and amended on 17 January 1971;
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The «Organization» refers to the European Organi- zation for Nuclear Research;
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«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 na- ture;
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«Officials» refers to the «members of personnel» as defined in the Staff Rules and Regulations of the Or- ganization;
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«Co-operation agreement» refers to a bilateral agree- ment, 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;
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«Association agreement» refers to a bilateral agre- ement, concluded between the Organization and a State ineligible to become a Member State, establishing a close institutional partnership between that State and the Orga- nization in order to allow it to be engaged more deeply in the activities of the Organization.
Article 2 International legal personality 1 -- The Organization shall have international legal personality and legal capacity on the respective territories of the States Parties to this Protocol. 2 -- The Organization shall in particular have the ca- pacity to contract, to acquire and to dispose of movable and immovable property and to participate in legal pro- ceedings.
Article 3 Inviolability of grounds, buildings and premises 1 -- The grounds, buildings and premises of the Orga- nization shall be inviolable. 2 -- No agent of the public authorities may enter them without the express consent of the Director-General or his duly authorised representative. 3 -- In case of fire or other disaster requiring prompt protective action, where the seeking of such express con- sent is not practicable, the authorization of the Director- -General may be considered as granted. 4 -- The Organization shall not allow its buildings or premises to serve as a refuge to a person wanted for com- mitting, attempting to commit or just having committed a crime or offence or for whom a warrant of arrest or depor- tation order has been issued or who has been convicted of a crime or offence by the competent authorities.
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 1 -- In the exercise of its official activities, the Orga- nization shall enjoy immunity from legal process, except:
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In so far as such immunity is waived in a particular case by the Council of the Organization;
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In respect of a claim by a third party for damage ari- sing 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;
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In respect of the enforcement of an arbitration award made under article 16 or 18 of this Protocol;
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In respect of a counter-claim relating directly to and introduced in the procedural framework of a claim brought by the Organization. 2 -- The Organization's property and assets, wherever located, shall enjoy immunity from every form of requi- sition, confiscation, expropriation, sequestration and any other form of seizure or interference whether by executive, administrative, judicial or legislative action, except:
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In so far as such immunity is waived in a particular case by the Council of the Organization;
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In so far as may be temporarily necessary in con- nection with the prevention or investigation of accidents involving motor vehicles belonging to, or operated on behalf of, the Organization;
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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 1 -- Within the scope of its official activities, the Or- ganization, its property and income shall be exempt from direct taxes. 2 -- When, in the exercise of its official activities, the Organization makes purchases of, or uses, goods or servi- ces of substantial value, in the price of which taxes, duties or other charges are included, appropriate measures shall be taken by the State Party to this Protocol which has levied the taxes, duties or other charges to remit or reimburse the amount of such taxes, duties or other charges where they are identifiable. 3 -- The importation and exportation by or on behalf of the Organization of goods and materials in the exercise of its official activities shall be exempt from all import and export taxes, duties and other charges. 4 -- No exemption or reimbursement shall be granted for duties, taxes or other charges of any kind which only constitute remuneration for services rendered. 5 -- The provisions of paragraphs 2 and 3 of this arti- cle are not applicable to the purchase or use of goods or services or the import of goods intended for the personal use of the officials and of the Director-General of the Organization. 6 -- Goods and materials belonging to the Organization which have been acquired or imported in accordance with the provisions of paragraphs 2 or 3 of this article shall not be sold or donated on the territory of the State which has granted the exemption except under the conditions laid down by that State.
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 obliga- tions.
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 1 -- The representatives of the States Parties to this Protocol shall enjoy, in the exercise of their functions and in the course of journeys to and from the place of meetings of the Organization, the following privileges and immunities:
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Immunity from personal arrest, detention and seizure of their personal effects;
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Immunity from legal process, even after the termi- nation 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 represen- tative 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;
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Inviolability of all official documents in whatever form held;
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The right to use codes and to receive documents and correspondence by courier or sealed luggage;
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For them and their spouses, exemption from all me- asures restricting entry and aliens' registration formalities;
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The same facilities concerning currency and exchange regulations as those granted to the...
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