156-(130)

II SÉRIE-A — NÚMERO 13

have agreed as follows:

Article 1

Definitions

i

For the purposes of this Protocol:

ä) «Convention» means the Convention Establishing the European Telecommunications Satellite Organization (EUTELSAT), including its annexes, opened for signature at Paris on IS July 1982;

b) «Operating Agreement» means the Operating Agreement Relating to the European Telecommunications Satellite Organization (EUTELSAT), including its annexes, opened for signature at Paris

. on 15 July 1982;

c) «Party ,to the Convention» means a State for I which the Convention is in force or has been

provisionally applied;

d) «Headquarters Party» means the Party to the Convention in whose territory EUTELSAT has established its headquarters;

e) «Signatory» means the telecommunications entity or the Party that has signed the Operating Agreement and for which that Agreement is in force or has been provisionally applied;

f) «Party to the Protocol» means a State for which this Protocol is in force;

g) «Staff member» means the director general and any other staff member recruited by EUTELSAT who is employed exclusively by it, paid by it, and is subject to its staff regulations;

h) «Representatives» means representatives of Parties to the Convention and of signatories including their respective heads of delegation, their alternates and advisers;

/') «Archi ves» means all records belonging to or held by EUTELSAT such as documents, correspondence, manuscripts, photographs, computer programs, films and recordings;

j) «Official activities» means the activities carried out by EUTELSAT within the framework of its objectives as defined in the Convention;

k) «Expert» means a person, other than a staff member, appointed to carry out a specific task for or on behalf of EUTELSAT and at its expense;

/) «EUTELSAT space segment» means the space segment owned or leased by EUTELSAT as defined in the Convention; m) «Property» means anything that can be the subject of a right of ownership, including contractual rights;

n) «Director general» means the director general of EUTELSAT.

Article 2

Inviolability of archives

The archives of EUTELSAT shall be inviolable wherever located and by whomsoever held.

Article 3

Immunity of EUTELSAT from jurisdiction and execution

1 — EUTELSAT shall, in the exercise of its official activities, have immunity from jurisdiction except in the following cases:

a) Where the director general expressly waives such immunity in a particular case;

b) Where a civil action is brought by a third party for damage arising from an accident caused by a motor vehicle or any other means of transport belonging to or operated on behalf of EUTELSAT, or in respect of a traffic offence involving such a vehicle or means of transport;

c) For the attachment, pursuant to the final order of a court law, of the salaries and emoluments including pensions, owed by EUTELSAT to a staff member or a former staff member;

d) In respect of a counter-claim directly connected with judicial proceedings initiated by EUTELSAT;

e) For the enforcement of an arbitration award made under article xx of the Convention or article 20 of the Operating Agreement.

2 — Notwithstanding paragraph 1, no action shall be brought in the courts of Parties to the Protocol against EUTELSAT by Parties to the Convention, signatories or persons acting for or deriving claims from any of them, relating to rights or obligations under the Convention or Operating Agreement.

3 — a) The EUTELSAT space segment, wherever located and by whomsoever held, shall be immune from any search, restraint, requisition, seizure, confiscation, expropriation, sequestration or execution, whether by executive, administrative or judicial action.

b) All other property of EUTELSAT, wherever located and by whomsoever held, shall enjoy the immunity set out in paragraph 3, a), except in respect of:

i) An attachment or execution in order to satisfy a final judgement or order of a court of law that relates to any proceedings brought against EUTELSAT pursuant to paragraph 1;

i'O Any action taken in accordance with the law of the State concerned which is temporarily neces- -sary in connection with the prevention of or investigation into accidents involving motor vehicles or other means of transport belonging to, or operated on behalf of, EUTELSAT;

iif) Expropriation in respect of real property for public purposes and subject to prompt payment of fair compensation, provided that such expropriation does not prejudice the functions and operations of EUTELSAT.

Article 4 Fiscal and customs provisions

1 — Within the scope of its official activities, EUTELSAT and its property and income shall be exempt from all direct taxes.