Brussels Protocol 1970
,
Additional Protocol to the
'Euro-control' International Convention relating to Co-operation
for the Safety of Air Navigation signed at Brussels on 13th December 1960, with Protocol of
signature, Brussels, 6th July 19701
THE STATES
PARTY to the 'EURO-CONTROL' International Convention relating to Co-operation
for the Safety of Air Navigation signed at Brussels on the 13th of December, I9602
(hereinafter called 'the Convention"), which set up the European Organization
for the Safety of Air Navigation
'EURO-CONTROL' (hereinafter called 'the Organization'),
The Protocol is printed as amended by the
Brussels Protocol 1978 and the Brussels Protocol 1981. 2 Treaty Series No 39 (1963) (CND 2114).
HAVE AGREED AS FOLLOWS:
Article 1
1.
Without prejudice to the exoneration's provided for in Articles [19 and 20 of the
Convention as amended by the Protocol opened for signature at Brussels in 1981]1, when
the Organization in the exercise of its official activities makes substantial acquisitions of
property or employs services of substantial value in respect of which indirect duties, taxes
or charges (including such duties, taxes or charges levied on importation other than those
referred to in [paragraph (1) of Article 20 of the Convention as amended by the said
Protocol]1) have been paid or are payable, die Governments of the Member States shall,
whenever possible, take appropriate action to offset the effect on the Organization of such
duties, taxes or charges by means of an adjustment of the financial contributions to the
Organization or by means of remission or of reimbursement to the Organization of the
amount of the duties, taxes or charges.
Convention as amended by the Protocol opened for signature at Brussels in 1981]1, when
the Organization in the exercise of its official activities makes substantial acquisitions of
property or employs services of substantial value in respect of which indirect duties, taxes
or charges (including such duties, taxes or charges levied on importation other than those
referred to in [paragraph (1) of Article 20 of the Convention as amended by the said
Protocol]1) have been paid or are payable, die Governments of the Member States shall,
whenever possible, take appropriate action to offset the effect on the Organization of such
duties, taxes or charges by means of an adjustment of the financial contributions to the
Organization or by means of remission or of reimbursement to the Organization of the
amount of the duties, taxes or charges.
2.
With regard to payments by the Organization to Member States in respect of capital
investments made by those States, in so far as the cost thereof is to be refunded by die
Organization, die said States shall ensure that their statements of die amounts in question
submitted to die Organization do not include duties, taxes or charges from which die
Organizationwould have been exempt or which would be refunded to it or which would
be die subject of an adjustment of die financial contributions to die Organization if die
Organization had made those investments itself.
investments made by those States, in so far as the cost thereof is to be refunded by die
Organization, die said States shall ensure that their statements of die amounts in question
submitted to die Organization do not include duties, taxes or charges from which die
Organizationwould have been exempt or which would be refunded to it or which would
be die subject of an adjustment of die financial contributions to die Organization if die
Organization had made those investments itself.
3.
The provisions of this Article shall not apply in
respect of duties, taxes or charges
collected as payment for public utility services.
collected as payment for public utility services.
1 As amended by the 1981 Protocol, art
xxxviii(i).
Article 2
Property acquired by the Organisation to
which paragraph 1 of Article 1 applies may not be sold or odierwise disposed of except in accordance with conditions
laid down by die Governments of the States concerned.
Article
3
[1. The Director
General of the Agency and the staff members of the Organisation, including the
Permanent Delegate, shall be subject, under die conditions and rules laid down by die Permanent Commission, to a tax for die
benefit of the Organisation on salaries
and emoluments paid by die Organisation, which shall take effect widlin a
period of one year from the date of entry into force of this provision.
As from die date on which
this tax is
applied, such salaries and emoluments shall be exempt from national income tax. The Contacting.States may, however, take into account the salaries
and emoluments thus exempted with-en assessing the amount of tax payable on income from
other sources.
2.
Paragraph 1 shall not apply to
pensions and annuities paid by the Organization.
3.
The names, titles, addresses as
well as remunerations and where appropriate
pensions of employees and former employees to whom the provisions of paragraphs 1 and
2 of the present article are applicable shall be communicated periodically to die
Contracting States.]1
pensions of employees and former employees to whom the provisions of paragraphs 1 and
2 of the present article are applicable shall be communicated periodically to die
Contracting States.]1
1
As amended by the Brussels Protocol 1978, art 1. However, notwithstanding these
new provisions, obligations under art 3 of the Additional
Protocol 1970 remain binding until the relevant claims and
commitments have been fully discharged (1978 Protocol, art 2). The text of the
original art 3 is reproduced hereunder:
1. When the Director
General of the Agency or any official or servant subject to the Staff
Regulations envisaged in [Article 12 of the Statute of the Agency set out in Annex I to the
Convention as amended by the Protocol opened for signature at Brussels in 1981]1 or the
General Conditions of Sender for the Staff of the Euro-control Maastricht Centre is taxed
by a Member State on the salary and emoluments paid to him by the Organization, the
Member State concerned shall take appropriate action to make as exact a financial
adjustment as possible in favor of the relevant budget of the Organization in respect of the
amount of the tax.
Regulations envisaged in [Article 12 of the Statute of the Agency set out in Annex I to the
Convention as amended by the Protocol opened for signature at Brussels in 1981]1 or the
General Conditions of Sender for the Staff of the Euro-control Maastricht Centre is taxed
by a Member State on the salary and emoluments paid to him by the Organization, the
Member State concerned shall take appropriate action to make as exact a financial
adjustment as possible in favor of the relevant budget of the Organization in respect of the
amount of the tax.
2. The
provisions of paragraph 1 of this Article shall not apply to pensions and
annuities
paid by the Organization.
paid by the Organization.
1 As amended by the 1981 Protocol, art
xxxviii (2).
i
ti i i Article
4
For the purpose of
the present Protocol, the Organization shall act in concert with the relevant
authorities of the Member States concerned.
Article 5
Any dispute which may arise between the Contracting Parties, or between
the Contracting
Parties and the Organization represented by the Commission, relating to the interpretation
or application of the present Protocol shall be settled in accordance with the procedure set
out in [Article 31 of the Convention as amended by the Protocol opened for signature at
Brussels in 1981]1. '
Parties and the Organization represented by the Commission, relating to the interpretation
or application of the present Protocol shall be settled in accordance with the procedure set
out in [Article 31 of the Convention as amended by the Protocol opened for signature at
Brussels in 1981]1. '
As
amended by the 1981 Protocol, art xxxviii (3).
Article 6
The
present Protocol shall remain in force until the expiry of the Convention.
• Article
7
1.
The present Protocol shall be
ratified.
2.
The instruments of ratification
shall be deposited with the Government of the
Kingdom of Belgium.
Kingdom of Belgium.
3.
The present Protocol shall come into force on the
first day of the month following
the deposit of the instrument of ratification of the last State party to the Convention to
complete that formality.
the deposit of the instrument of ratification of the last State party to the Convention to
complete that formality.
4. The
Government of die Kingdom
of Belgium shall notify
the Governments of die other States party to the
Convention of any deposit of an instrument of ratification and of die date of entry
into force.
Article 8
1.
Accession to the present protocol
is open to any non-signatory State which makes a
request to accede to die Convention in accordance with die provisions of [Article 36 of die
Convention as amended by the Protocol opened for signature at Brussels in 1981]1.
request to accede to die Convention in accordance with die provisions of [Article 36 of die
Convention as amended by the Protocol opened for signature at Brussels in 1981]1.
2.
The agreement of die Commission
stipulated in die said Article [36] 1 shall be
subject to die accession of die State concerned to die present Protocol.
subject to die accession of die State concerned to die present Protocol.
3.
The instrument of accession to die present Protocol
shall be deposited at die same
time as die instrument of accession to the Convention with die Government of die
Kingdom of Belgium, which shall notify the Governments of the other signatory and
acceding States.
time as die instrument of accession to the Convention with die Government of die
Kingdom of Belgium, which shall notify the Governments of the other signatory and
acceding States.
4.
Accession to die present Protocol
shall take effect from die same day as die
accession to die Convention.
accession to die Convention.
1 As amended by the 1981 Protocol, art
xxxviii(4).
IN WITNESS
WHEREOF, the undersigned Plenipotentiaries, after presentation of their full powers,
found to be in good and due form, have signed the present Protocol and have affixed thereto
their seals.
DONE at Brussels, thus sixth day of July, 1970, in die English, German, French and Dutch languages,
in a single copy, which shall remain deposited in die archives of die Government of the Kingdom of Belgium, which shall transmit certified
copies to all die signatory States. In die case of any inconsistency, the text in the
French language shall prevail.
PROTOCOL OF SIGNATURE OF THE ADDITIONAL PROTOCOL TO THE 'EUROCONTROL' INTERNATIONAL
CONVENTION RELATING TO CO-OPERATION FOR THE SAFETY OF AIR NAVIGATION
At the time of
signing die Additional Protocol to die 'Euro-control' International Convention
relating to Co-operation for the Safety of Air Navigation, hereinafter called
'die Protocol',
die undersigned Plenipotentiaries of die Federal Republic of Germany, die
Kingdom of Belgium, the French Republic, die United Kingdom of Great Britain
and Northern Ireland, die Grand Duchy of
Luxembourg, the Kingdom of die Netherlands. and Ireland recognize that they have agreed on the following declaration:
In respect of die
application of Article 7, paragraph 3, of the Protocol, die Governments of die signatory States shall use their best endeavors to ensure that die
Protocol shall enter into force not later than 1st
January 1971.
DONE at Brussels, this sixth day
of July. 1970. in the German, English. French and Dutch languages in a
single copy.
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