Debates Parlamentares - Diário 077S2, p. 34 (2009-02-28)

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34 | II Série A - Número: 077S2 | 28 de Fevereiro de 2009

AMENDED PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN CENTRE FOR MEDIUMRANGE WEATHER FORECASTS The States parties to the Convention establishing the European Centre for Medium-Range Weather Forecasts, WISHING to define the privileges and immunities necessary for the proper functioning of this Centre, HAVE AGREED AS FOLLOWS ARTICLE 1 1 Subject to the provisions of this Protocol, the premises of the Centre shall be inviolable. 2 The authorities of the State in which the Headquarters of the Centre are located may not enter the premises of the Centre except with the consent of the Director-General or person nominated by him. In case of fire or other disaster requiring prompt preventive action, the consent of the Director-General may be assumed. 3 The Centre shall prevent its premises from becoming a refuge for persons seeking to avoid arrest or service of legal papers. ARTICLE 2 The archives of the Centre shall be inviolable. ARTICLE 3 1. Within the scope of its official activities, the Centre shall have immunity from jurisdiction and execution except: (a) to the extent that, by decision of the Council, the Centre waives it in a particular case.
However, the Centre shall be deemed to have waived this immunity if, upon receiving a request to waive immunity submitted by the national authority before which the case is brought or by the opposing party, it has not given notice, within fifteen days after receipt of the request, that it does not waive such immunity; (b) in respect of a civil action by a third party for damage arising from an accident caused by a vehicle belonging to or operated on behalf of the Centre or in respect of a traffic offence; (c) in respect of an enforcement of an arbitration award made either under Article 23 of this Protocol or Article 17 of the Convention establishing the Centre, hereinafter referred to as “the Convention”; (d) in the event of the attachment, pursuant to a decision by the administrative or judicial authorities, of the salaries, wages and emoluments owed by the Centre to a member of its staff.

34 | II Série A - Número: 077S2 | 28 de Fevereiro de 2009AMENDED PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE EUROPEAN CENTRE FOR MEDIUMRANGE WEATHER FORECASTS The States parties to the Convention establishing the European Centre for Medium-Range Weather Forecasts, WISHING to define the privileges and immunities necessary for the proper functioning of this Centre, HAVE AGREED AS FOLLOWS ARTICLE 1 1 Subject to the provisions of this Protocol, the premises of the Centre shall be inviolable. 2 The authorities of the State in which the Headquarters of the Centre are located may not enter the premises of the Centre except with the consent of the Director-General or person nominated by him. In case of fire or other disaster requiring prompt preventive action, the consent of the Director-General may be assumed. 3 The Centre shall prevent its premises from becoming a refuge for persons seeking to avoid arrest or service of legal papers. ARTICLE 2 The archives of the Centre shall be inviolable. ARTICLE 3 1. Within the scope of its official activities, the Centre shall have immunity from jurisdiction and execution except: (a) to the extent that, by decision of the Council, the Centre waives it in a particular case.
However, the Centre shall be deemed to have waived this immunity if, upon receiving a request to waive immunity submitted by the national authority before which the case is brought or by the opposing party, it has not given notice, within fifteen days after receipt of the request, that it does not waive such immunity; (b) in respect of a civil action by a third party for damage arising from an accident caused by a vehicle belonging to or operated on behalf of the Centre or in respect of a traffic offence; (c) in respect of an enforcement of an arbitration award made either under Article 23 of this Protocol or Article 17 of the Convention establishing the Centre, hereinafter referred to as “the Convention”; (d) in the event of the attachment, pursuant to a decision by the administrative or judicial authorities, of the salaries, wages and emoluments owed by the Centre to a member of its staff.

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