Protocol on Privileges and Immunities of the European Organization for the Exploitation of Meteorological Satellites

The Protocol, adopted on 1 December 1986 and entered into force on 5 January 1989 – as amended in 2004 – regulates the privileges and immunities of the European Organization for the Exploitation of Meteorological Satellites.

Within the scope of its official activities, EUMETSAT shall have immunity from jurisdiction and execution, except: a) in so far as, by decision of the Council, it has expressly waived such immunity in a particular case; the Council has the duty to waive this immunity in all cases where reliance upon it would impede the course of justice and it can be waived without prejudicing the interests of EUMETSAT; b) in respect of a civil action by a third party for damage arising from an accident caused by a vehicle or other means of transport belonging to or operated on behalf of EUMETSAT or in respect of a traffic offense involving such means of transport; c) in respect of the execution of an arbitration award made under Article 21, 22 or 23 of this Protocol or Article 15 of the Convention; d) in the event of the attachment, pursuant to a decision by the administrative or judicial authorities, of the salaries and emoluments, including pension rights, owed by EUMETSAT to a staff member or a former staff member; e) in respect of a counterclaim directly connected with judicial proceedings initiated by EUMETSAT; f) in respect of any commercial activity in which EUMETSAT might engage (Article 4).

The staff members of EUMETSAT and Experts shall enjoy immunities from jurisdiction, even after they have left the service of EUMETSAT, in respect of acts, including words written and spoken, done by them in the exercise of their function; this immunity shall not apply, however, in the case of a traffic offense committed by a staff member, nor in the case of damage by a vehicle or other means of transport belonging to or driven by him (Articles 10 and 13).

In addition to the privileges and immunities provided under Article 10, the Director-General shall enjoy immunity from civil and administrative jurisdiction and execution enjoyed by diplomatic agents, except in the case of damage caused by a vehicle or other means of transport belonging to or driven by him and full immunity from criminal jurisdiction, except in the case of a traffic offense caused by a vehicle or other means of transport belonging to, or driven by him (Article 11).

The Director-General has the duty to waive the immunity of a staff member or an expert in all cases wherever retaining it would impede the course of justice and it can be waived without prejudicing the interests of EUMETSAT (Article 14).

EUMETSAT shall co operate at all times with the competent authorities of Member States in order to facilitate the proper administration of justice, to ensure the observance of the laws and regulations, and to prevent any abuse of the privileges, immunities and facilities provided for in this Protocol (Article 18).