Convention establishing the European Centre for Medium-Range Weather forecasts

Concluded on 11 October 1973, the Convention establishing the European Centre for Medium-Range Weather forecasts (with Annex and the Protocol of Privileges and Immunities of the Centre) creates the Centre (ECMWF) and defines its legal status, privileges and immunities.

Article 16 of the Convention provides that the privileges and immunities which the Centre, the representatives of the Member States, the staff and the experts of the Centre enjoy in the territories of the Member States shall be determined in a protocol which shall be annexed to this Convention and which shall form an integral part thereof,
and in an agreement to be concluded between the Centre and the State in whose territory the Headquarters of the Centre are located. This agreement shall be approved by the Council acting in accordance with Article 6(3)(c).

Pursuant to Article 3 of the Protocol, 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 offense; c) in respect of an enforcement of an arbitration award made either under Article 23 of this Protocol or Article 17 of 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.

The staff members of the Centre and experts shall enjoy immunity from jurisdiction, even after they have left the service of the Centre, in respect of acts, including words spoken or written, performed by them in their official capacity and within the limits of their authority; this immunity shall not apply in the case of a traffic offense committed by a staff member, nor in the case of damage caused by a vehicle belonging to or driven by such a person (Articles 13 and 14 of the Protocol). The competent authorities have not only the right but also the duty to waive an immunity where
such immunity is impeding the course of justice and where it can be waived without prejudicing the purposes for which it was accorded (Article 19).

The Centre shall co-operate at all times with the competent authorities of the Member States in order to facilitate the proper administration of justice, to ensure the observance of police regulations and regulations concerning public health and labour inspection and similar legislation, and to prevent any abuse of the privileges, immunities and facilities provided for in this Protocol (Article 20).

The Centre shall be obliged in all written contracts, other than those concluded in accordance with the Staff Regulations into which it enters and relating to matters in which it enjoys immunity from jurisdiction, to include an arbitration clause whereby any dispute arising out of the interpretation or execution of the contract shall, at the request of either party, be submitted to arbitration. The Centre shall be obliged to submit to arbitration, at the request of the injured party, by means of a compromise any other dispute arising out of loss or damage caused by the Centre to persons or property. The arbitration clause or the compromise shall specify the method of appointing the arbitrators and the third arbitrator, the law applicable and the country where the arbitrators shall sit. The procedure of the arbitration shall be that of that country (Article 23).