AGREEMENT
BETWEEN
THE REPUBLIC OF AUSTRIA
AND
THE WORLD HEALTH ORGANIZATION
RELATING TO THE
FACILITIES AND SERVICES AND
TO THE LEGAL STATUS
AFFORDED TO THE ORGANIZATION
ON THE OCCASION OF
THE HOLDING IN
VIENNA
The World
Health Organization (hereinafter referred to as “the Organization”) and
The
Republic of Austria (hereinafter referred to as “Austria”).
Desiring to
give effect to the invitation of Austria to hold the fifty-third session of the
Regional Committee for Europe of the World Health Organization in Vienna, from
8 to 11 September 2003 and the decisions of the fifty-first session and the
fifty-second session of the Regional Committee for Europe (EUR/RC51/R2 and
EUR/RC52/R5 respectively).
Desiring to
conclude an agreement for the purpose of determining the facilities and
services and the legal status afforded to the Organization on the occasion of
the holding of the fifty-third session of the Regional Committee for Europe
(hereinafter referred to as “the Session”).
HAVE AGREED
AS FOLLOWS:
ARTICLE I: Obligations of the Organization
The
Organization shall make available at its own expense for the Session the
personnel necessary for the effective functioning of the Session.
ARTICLE II: Supplementary expenses to be paid to the Organization by
Austria
Austria
shall provide the local facilities and bear the expenses directly attributable
to the holding of the Session in Vienna, Austria, except for those which
would normally be borne by the Organization if the Session was held at the WHO
Regional Office for Europe, as specified in the subsequent Articles. In this
connection, Austria will deposit an amount of US$ 224,214 by 31 March 2003
in the WHO Account (NORDEA, Strandvejen 159, DK-2900 Hellerup, Swift Code:
NDEADKKK, account number 500 555 3601 – Reg. No. 0111 - reference to be quoted:
RC53). This amount represents an
average costing for travel and per diem of the Secretariat (calculated by
taking the appropriate per diem for each capital city within the European
Region, and the air fare between Copenhagen and each capital city), and other
expenses related to holding the Regional Committee at a location outside of
Copenhagen. If, at September 2003, the recalculation of the per diems and
airfares indicates an amount higher or lower than US$ 224,214, either Austria will pay the extra cost or the
Organization will refund any surplus to Austria or shall dispose of it as
instructed by Austria.
1. Austria
shall make available to the Organization, free of charge, for the duration of
the Session such personnel, meeting and office premises, fixtures, furniture,
equipment and supplies as are required by the Organization.
2. Austria
shall also provide, free of charge, suitably equipped offices for those officials
of the Organization whose presence in Austria, both before the opening
of the Session and after its termination, is required by the Organization for
the effective functioning of the Session.
3. Austria
will allow the temporary importation, tax-free and duty-free, of all necessary
equipment, including technical equipment of accompanying representatives of the
information media, and will waive import duties and taxes on supplies necessary
for the Session. It will issue
without delay any necessary import and export permits for this purpose.
4. Austria
shall also arrange necessary postal and news stand facilities for the duration
of the Session.
5. Austria
shall make arrangements to provide a programme for accompanying persons, social
events, and official events outside the core programme of work of the Regional
Committee.
6. Austria
shall provide information for the Information Bulletin as early as possible in
advance of the Session, if possible by the end of February 2003.
ARTICLE IV: Accommodation
1. Austria
shall take the necessary steps to reserve accommodation in hotels for
representatives, alternates and advisers of Members of the Region, members of
the WHO Secretariat, as well as relatives and dependants accompanying them.
2. The
WHO Regional Office shall inform Austria of hotel accommodation requirements in
good time.
ARTICLE V: Transport
1. Austria
shall facilitate the arrival and the departure of all persons who are
participating in an official capacity in the work of the Session and their
accompanying persons. It shall make arrangements with transport companies for
those persons to obtain such priority as will enable them to reserve seats in
the appropriate means of transport.
2. Austria
shall arrange a special reception desk at the Vienna International Airport, to
meet representatives, alternates and advisers of Members of the Region,
officials of the Organization and other persons referred to in Article IX.1 of
this agreement upon arrival and arrange transportation to their hotels as well
as back to the airport on departure.
3. Austria
shall make available to the Organization, free of charge, the vehicles
necessary for the transportation of equipment, materials and documents required
in connection with the Session.
Austria shall be responsible for all expenses connected with such
transport, such as the provision of petrol and servicing of vehicles.
4. Austria
shall also make available to the Organization, free of charge, a special
“conference ticket” which entitles representatives, alternates and advisers of
Members of the Region and members of the Secretariat to use transport service
between the official premises of the Session and their hotels. Austria shall
make available to the Organization, free of charge, five cars with drivers for
use by the President, Executive President and Deputy Executive President, the
Director-General, the Regional Director and the WHO Secretariat.
ARTICLE
VI: Communications
Austria
shall assume responsibility for the provision of all telephone, electronic mail
and facsimile facilities required for the effective functioning of the Session
and shall meet the cost of official calls and communications made by the
Organization, including communications sent by it for the purposes of the
Session and containing matter intended for publication by the press or
broadcasting.
ARTICLE VII: Legal Status
For the
purposes of this Agreement, Austria shall apply the provisions of the Convention
on the Privileges and Immunities of the Specialized Agencies and Annex VII
thereof, as well as the provisions set forth in the following Articles.
ARTICLE VIII: Inviolability and Protection of the Premises
Placed at the Disposal of the Organization
1. The premises
placed at the disposal of the Organization in connection with the Session
shall, throughout the period they are being used by the Organization, be
considered as the premises of the Organization and shall thereby enjoy the
benefits of inviolability referred to in Section 5 of Article III of
the Convention on the Privileges and Immunities of the Specialized Agencies.
2. The premises of
the Organization shall be placed under the control and authority of the
Organization which shall have the exclusive right to authorize or prohibit
entry thereto of any person and may also cause any person to be removed
therefrom.
3.
The
Austrian authorities concerned shall take appropriate measures to ensure that
the premises of the Organization are not disturbed by the entry of unauthorized
persons or groups of persons, by disorder or by any unreasonable noise in the
immediate vicinity thereof. To this end, Austria shall, as necessary, station
police officers outside the premises of the Organization and take any other
measure deemed by it to be necessary.
4.
At the
request of the Regional Director, Austria shall provide the necessary police
officers to give assistance for maintaining order, if the need arises, within
the premises of the Organization, and to expel any person who may disturb it
and to provide general security services within the premises.
ARTICLE IX: Right to Enter and to
Remain in Austria and Legal Status of
Participants in the Session
1. The
competent Austrian authorities shall issue in a timely fashion visas, when
required, to facilitate the entry into and departure from Austria of the
following persons:
a) Representatives,
alternates and advisers of Members of the Region as well as observers of other
States invited by the Organization to attend the session in accordance with
established practice, who shall, while attending the Session, enjoy the
privileges and immunities provided for in Article V of the Convention on the
Privileges and Immunities of the Specialized Agencies;
b) Officials
of the Organization, who shall, while acting in their official capacity in
connection with the Session, enjoy the privileges and immunities provided for
in Article VI of the Convention on the Privileges and Immunities of the
Specialized Agencies;
c) Experts
(other than officials) performing missions for the Organization, who shall,
while acting in their official capacity in connection with the Session, enjoy
the privileges and immunities provided for in Paragraph 2 of Annex VII to the
Convention on the Privileges and Immunities of the Specialized Agencies;
d) Representatives
of the United Nations and of the specialized agencies, and of international
governmental and nongovernmental organizations with which, in accordance with
Articles 69 to 71 of its Constitution, the Organization has entered into
relationships, and which are participating in the session, who shall be immune
from legal process in respect of words spoken or written and all acts performed
by them in their official capacity.
This provision is without prejudice to the privileges and immunities
that Austria may have to apply to representatives of the United Nations, the
specialized agencies and the international governmental organizations referred
to above in compliance with relevant international agreements;
e) Any
other persons invited by the Organization to attend the Session in an official
capacity, who shall be immune from legal process in respect of words spoken or
written and all acts performed by them in their official capacity;
f) relatives
or dependants of the persons referred to in sub-paragraphs a) to e) of the
present Article, accompanying them to the Session.
2. An
exhaustive list of the names of the persons referred to in paragraph 1. above
and of the government and the Organizations which they represent shall be
forwarded by the Organization to Austria prior to the commencement of the
Session.
3 Without
prejudice to the special immunities which they might otherwise enjoy, the
persons referred to under Articles V and VI of the Convention on the Privileges
and Immunities of the Specialized Agencies, and Paragraph 2 of Annex VII to
this Convention, and under d)-e) of Paragraph 1. above, shall not throughout
the duration of their functions or mission, including the time required by
travel on Austrian territory, be subject to any measure of arrest or expulsion,
for the conduct in the exercise of their function or mission.
ARTICLE X: Foreign Exchange
Without prejudice to the provisions of Section 7 of Article III of the
Convention on the Privileges and Immunities of the Specialized Agencies, the
Organization, may, by means of a bank account in the name of the Organization,
transfer funds to Austria for the purposes of the Session in the quantities
required to cover the expenses of the Organization in Austria and, at the end
of the Session, transfer out of Austria any balance of funds of the
Organization not utilized in the course of the Session.
ARTICLE XI: Liability
Austria shall be responsible for dealing with any action, claim or other
demand against the Organization or its officials and arising out of:
a)
Injury
to persons or damage to or loss of property in the premises provided for the
Session or under the control of Austria;
b)
Injury
to persons or damage to or loss of property caused by, or incurred in using,
the transport services referred to in Article V above that are provided by or
are under the control of Austria;
c)
The
use for the Session of the personnel provided by Austria under Article III
above; and
d)
The
acts of personnel of the Organization in the performance of their official
duties while they are in Austria for the purposes of the Session, except where
liability results from their gross negligence or willful misconduct.
The present Agreement shall enter into force on the first day of the
second month following the day on which Austria has informed the Organization
of the completion of its constitutional procedures required for such entry into
force.
IN WITNESS THEREOF the undersigned, being duly authorized thereto, have
signed this Agreement in two copies each in the English and German languages,
both being equally authentic, of which one copy in each language shall be held
by Austria and the other held by the Organization.
On behalf of the On
behalf of the Republic of Austria
World Health
Organization
Dr. Marc Danzon m.p. Maria
Rauch-Kallat m.p.
Regional Director
Done in Copenhagen, 31 March 2003 Done
in Vienna, 04 June 2003