Convention Establishing The European Centre For Medium-Range Weather Forecasts

Filename: 1973-EuropeanCentreMediumRangeWeatherForecasts.EN.txt
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CONVENTION ESTABLISHING THE EUROPEAN CENTRE FOR MEDIUM-RANGE WEATHER FORECASTS

Source: Unofficial Text

CONSIDERING the importance for the European economy of a considerable improvement in medium-range weather forecasts;

CONSIDERING that the scientific and technical research carried out for this purpose will provide a valuable stimulus to the development of meteorology in Europe;

CONSIDERING that the improvement of medium-range weather forecasts will contribute to the protection and safety of the population;

CONSIDERING that to achieve these objectives, resources on a scale exceeding those normally practicable at national level are needed;

CONSIDERING that it appears from the report submitted by the Working Party responsible for preparing a project on the subject that the establishment of an autonomous European centre with international status is the appropriate means to attain these objectives;

CONSIDERING that such a centre could also assist in the post university training of scientists;

CONSIDERING that the activities of such a centre will, moreover, make a necessary contribution to certain programmes of the World Meteorological Organisation (WMO), in particular the world system of the World Weather Watch (WWW) and the Global Atmospheric Research Programme (GARP), undertaken by the World Meteorological Organisation in conjunction with the International Council of Scientific Unions (ICSU);

CONSIDERING the importance that the establishment of such a centre can have for the development of European industry in the field of data-processing,

HAVE DECIDED to establish a European Centre for Medium-Range Weather forecasts and to define the conditions under which it should operate and to this end have designated as their Plenipotentiaries:

HIS MAJESTY THE KING OF THE BELGIANS Mr Joseph VAN DER MEULEN, Ambassador Extraordinary and Plenipotentiary, Permanent Representative of Belgium to the European Communities;

HER MAJESTY THE QUEEN OF DENMARK Mr Niels ERSBØLL, Ambassador Extraordinary and Plenipotentiary, Permanent Representative of Denmark to the European Communities;

THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY Mr Ulrich LEBSANFT, Ambassador Extraordinary and Plenipotentiary, Permanent Representative of the Federal Republic of Germany to the European Communities;

THE HEAD OF STATE OF SPAIN Mr Alberto ULLASTRES CALVO, Ambassador Extraordinary and Plenipotentiary, Head of the Mission of Spain to the European Communities;

THE PRESIDENT OF THE FRENCH REPUBLIC Mr Emile CAZIMAJOU, Deputy Permanent Representative of France to the European Communities;

THE PRESIDENT OF THE REPUBLIC OF GREECE Mr Byron THEODOROPOULOS, Ambassador Extraordinary and Plenipotentiary, Permanent Delegate of-Greece to the European Economic Community;

THE PRESIDENT OF IRELAND Mr Brendan DILLON, Ambassador Extraordinary and Plenipotentiary, Permanent Representative of Ireland to the European Communities;

THE PRESIDENT OF THE ITALIAN REPUBLIC Mr Giorgio BOMBASSEI FRASCANI de VETTOR, Ambassador of Italy, Permanent Representative of Italy to the European Communities;

THE HEAD OF THE SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA Mr Petar MILJEVIC, Ambassador Extraordinary and Plenipotentiary, Head of the Mission of Yugoslavia to the European Communities;

HER MAJESTY THE QUEEN OF THE NETHERLANDS Mr E.M.J.A. SASSEN, Ambassador Extraordinary and Plenipotentiary, Permanent Representative of the Netherlands to the European Communities;

THE PRESIDENT OF THE PORTUGUESE REPUBLIC Mr Fernando de MAGALHAES CRUZ, Ambassador Extraordinary and Plenipotentiary, Head of the Mission of Portugal to the European Communities;

THE PRESIDENT OF THE SWISS CONFEDERATION Mr Paul Henri WURTH, Ambassador Extraordinary and Plenipotentiary, Head of the Swiss Mission to the European Communities;

THE PRESIDENT OF THE REPUBLIC OF FINLAND Mr Pentti TALVITIE, Ambassador Extraordinary and Plenipotentiary, Head of the Mission of Finland to the European Communities;

HIS MAJESTY THE KING OF SWEDEN Mr Erik von SYDOW, Ambassador Extraordinary and Plenipotentiary, Head of the Mission of Sweden to the European Communities;

HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND Sir Michael PALLISER, Ambassador Extraordinary and Plenipotentiary, Permanent Representative of the United Kingdom to the European Communities;

WHO, having exchanged their Full Powers, found in good and due form,

HAVE AGREED AS FOLLOWS:

ARTICLE 1

1. A European Centre for Medium-Range Weather Forecasts, hereinafter referred to as "the Centre", is hereby established.

2. The organs of the Centre shall be the Council and the Director. The Council shall be assisted by a Scientific Advisory Committee and a Finance Committee. Each organ and committee shall carry out its functions within the limits and conditions laid down in this Convention.

3. The members of the Centre, hereinafter referred to as "Member States", shall be the States parties to this Convention.

4. The Centre shall have legal personality in the territory of each Member State. It shall in particular have the capacity to contract, to acquire and dispose of movable and immovable property and to be party to legal proceedings.

5. The headquarters of the Centre shall be at Shinfield Park near Reading (Berkshire), in the territory of the United Kingdom of Great Britain and Northern Ireland.

6. The official languages of the Centre shall be Dutch, English French, German and Italian. Its working languages shall be English, French and German.

The Council shall determine the extent to which the official and working languages shall respectively be used.

ARTICLE 2

The objectives of the Centre shall be:

(a) to develop dynamic models of the atmosphere with a view to preparing medium-range weather forecasts by means of numerical methods;

(b) to prepare, on a regular basis, the data necessary for the preparation of medium-range weather forecasts;

(c) to carry out scientific and technical research directed towards improving the quality of these forecasts;

(d) to collect and store appropriate meteorological data;

(e) to make available to the meteorological offices of the Member States, in the most appropriate form, the results of the studies and research provided for in (a) and (c) and the data referred to in (b) and (d);

(f) to make available to the meteorological offices of the Member States for their research, priority being given to the field of numerical weather forecasting, a sufficient proportion of its computing capacity, such proportion being determined by the Council;

(g) to assist in implementing programmes of the World Meteorological Organisation;

(h) to assist in advanced training for the scientific staff of the meteorological offices of the Member States in the field of numerical weather forecasting.

2. The Centre shall establish and operate the installations necessary for the achievement of the objectives defined in paragraph 1.

3. As a general rule, the Centre shall publish or otherwise make available, under the conditions laid down by the Council, the scientific and technical results of its activities, inasmuch as these results are not covered by Article 15.

ARTICLE 3

1. In order to attain its objectives, the Centre shall co-operate to the largest extent possible, in accordance with international meteorological traditions, with the Governments and national agencies of the Member States, with States which are not members of the Centre and with governmental or non-governmental international scientific and technical organisations whose activities are related to its objectives.

2. Moreover, the Centre may conclude co-operation agreements:

(a) with States, under the conditions laid down in Article 6 (1)(e),

(b) with the national scientific and technical agencies of the Member States and with the international organisations referred to in paragraph 1, under the conditions laid down in Article 6 (3)(k).

3. The co-operation agreements referred to in paragraph 2 may make part of the Centre's computing capacity available only to public agencies of the Member States.

ARTICLE 4

1. The Council shall have the powers and shall adopt the measures necessary to implement this Convention.

2. The Council shall be composed of not more than two representatives from each Member State, one of whom should be a representative of his national meteorological service. These representatives may be assisted at Council meetings by advisers.

A representative of the World Meteorological Organisation shall be invited to take part in the work of the Council as an observer.

3. The Council shall elect from among its members a President and a Vice-President who shall be appointed for one year and who may not be re-elected more than twice in succession.

4. The Council shall meet at least once a year. It shall be convened at the request of the President or at the request of at least one third of the Member States. Meetings of the Council shall be held at the headquarters of the Centre unless the Council decides otherwise in exceptional cases.

5. The President and Vice-President may call on the assistance of the Director in the performance of their duties.

6. The Council may set up advisory committees and shall determine the composition and duties thereof.

ARTICLE 5

1. The presence of the representatives of the majority of Member States entitled to vote shall be necessary to constitute a quorum at meetings of the Council.

2. Each Member State shall have one vote in the Council. A Member State shall lose its right to vote in the Council if the amount of its unpaid contributions exceeds the amount of the contributions due from it, under Article 13, for the current financial year and for the preceding financial year. The Council, acting in accordance with Article 6 (3)(m), may nevertheless authorise the Member State to vote.

3. Between meetings of the Council, the Council may dispose of any matter which is urgent by means of a postal vote. In such cases, the majority of the Member States entitled to vote shall constitute the quorum.

4. In determining unanimity and the various majorities provided for in this Convention, only votes cast for or against a decision and, in cases where the Council acts in accordance with the procedure laid down in Article 6 (2), the financial contributions of the Member States taking part in the vote, shall be taken into account.

ARTICLE 6

The Council, acting unanimously, shall:

(a) fix the ceiling of expenditure for implementing the programme of the activities of the Centre over the five years following the entry into force of this Convention;

(b) decide on the admission of new members, in accordance with Article 23, and lay down the conditions for such admissions in accordance with Article 13 (3);

(c) decide, in accordance with Article 20, on the withdrawal of membership from a State, that State not participating in the vote on this matter;

(d) decide on the dissolution of the Centre, in accordance with Article 21 (1) and (2);

(e) authorise the Director to negotiate co-operation agreements with States; it may authorise him to conclude such agreements;

(f) conclude, with one or more of the Member States, in accordance with Article 22 of the Protocol on Privileges and Immunities provided for in Article 16, any additional agreements for the purpose of implementing that Protocol.

2. The Council, acting by a majority of two-thirds of the Member States, and provided that the sum of the contributions from these States represents at least two-thirds of the total contributions to the budget of the Centre, shall:

(a) adopt the Financial Regulations of the Centre;

(b) adopt, in accordance with Article 12 (3), the annual budget and the table of the staff requirements of the Centre annexed thereto and, if necessary, supplementary or rectifying budgets, and approve the overall estimate of expenditure and revenue for the next three financial years; if the Council has not yet adopted the budget, it shall authorise the Director to incur expenditure and make payments, within a given month, exceeding the limit provided for in the first subparagraph of Article 12 (5);

(c) acting on a proposal from the Director, take decisions concerning any immovable property and equipment whose acquisition or renting by the Centre involves considerable expenditure;

(d) decide on the measures to be taken in the event of denunciation of this Convention within the meaning of Article 19;

(e) decide that the Centre shall not be dissolved in the event of denunciation of this Convention within the meaning of Article 21 (1), the denouncing Member States not taking part in the vote on this matter;

(f) determine, in accordance with Article 21 (3), the conditions for winding up the Centre in the event of its dissolution.

The Council, acting by a majority of two-thirds:

(a) shall adopt its Rules of Procedure;

(b) shall adopt the Staff Regulations and the scale of the staff salaries of the Centre and shall determine the nature of the additional benefits the staff shall enjoy and the rules for granting them; it shall also determine the rights of officials regarding industrial property rights and copyright relating to work done by them in the course of their duties;

(c) shall approve the agreement to be concluded, in accordance with Article 16, between the Centre and the State in whose territory the headquarters of the Centre are located;

(d) shall appoint the Director of the Centre and his deputy for a period not exceeding five years, their appointments being renewable one or more times, for a period not exceeding five years each time;

(e) shall determine the number of auditors, the length of their appointment, the amount of their remuneration, and shall appoint them in accordance with Article 14 (2);

(f) may terminate or suspend the appointment of the Director or his deputy, account being taken of the provisions of the Staff Regulations which are applicable to them;

(g) shall approve the Rules of Procedure of the Scientific Advisory Committee in accordance with Article 7 (4);

(h) shall adopt the scale of financial contributions of the Member States in accordance with Article 13 (1) and (3) and shall decide to reduce temporarily the contribution of a Member State because of special circumstances in that State, in accordance with Article 13 (2);

(i) shall adopt, subject to paragraph (1)(a), the programme of the activities of the Centre, in accordance with Article 11;

(j) shall consider annually the accounts of the previous financial year, together with the balance sheet of the assets and liabilities of the Centre, after taking note of the auditors' report, and shall give a discharge to the Director in respect of the implementation of the budget;

(k) shall authorise the Director to negotiate co-operation agreements with the national scientific and technical agencies of the Member States and with governmental or non-governmental international scientific and technical organisations whose activities are related to the objectives of the Centre; it may authorise him to conclude such agreements;

(l) shall determine the conditions under which licences granted to the Member States pursuant to Article 15 (1) and (2) may be extended to applications other than weather forecasting;

(m) shall decide, in the case provided for in Article 5 (2) , that a Member State may retain the right to vote, the Member State in question not taking part in the vote on this matter;

(n) shall recommend to Member States, in accordance with Article 18, amendments to this Convention;

(o) shall determine, in accordance with Article 17 of the Protocol on Privileges and Immunities provided for in Article 16, the categories of staff members to which Articles 13 and 15 of that Protocol shall apply, in whole or in part, and the categories of experts to which Article 14 of that Protocol shall apply.

4. When a special majority is not specified, the Council shall act by a simple majority.

ARTICLE 7

1. The Scientific Advisory Committee shall be composed of twelve members appointed in their personal capacity by the Council for a period of four years. The Committee shall be renewed by one quarter every year. Each member may be appointed for only two terms of office in succession.

A representative of the World Meteorological Organisation shall be invited to take part in the work of the Committee.

The members of the Committee shall be selected from among the scientists of the Member States and shall represent as broad a range as possible of the disciplines relating to the activities of the Centre. The Director shall submit a list of candidates to the Council.

2. The Committee shall draw up, for submission to the Council, opinions and recommendations on draft programme of the activities of the Centre drawn up by the Director and on any matter submitted to it by the Council. The Director shall keep the Committee informed concerning the implementation of the programme. The Committee shall give opinions on the results obtained.

3. The Committee may invite experts, in particular persons belonging to services using the Centre, to take part in its work when there are specific problems to be solved.

4. The Committee shall draw up its Rules of Procedure. These Rules of Procedure shall enter into force after approval by the Council acting in accordance with Article 6 (3)(g).

ARTICLE 8

1. The Finance Committee shall be composed of:

(a) one representative of each of the four Member States paying the highest contributions;

(b) three representatives of the other Member States, appointed by them for a period of one year; each of these States may not be represented on the Committee more than twice in succession.

2. Under the conditions laid down in the Financial Regulations, the Committee shall draw up, for submission to the Council, opinions and recommendations on all financial matters submitted to the Council and shall exercise the financial powers delegated to it by the Council.

ARTICLE 9

1. The Director shall be the chief executive officer of the Centre. He shall represent the Centre in dealings with third parties. He shall be responsible to the Council for the execution of the tasks assigned to the Centre. He shall take part, without the right to vote, in all meetings of the Council.

The Council shall appoint the person who is to act as Director ad interim.

2. The Director shall:

(a) take all measures necessary for the proper functioning of the Centre;

(b) exercise the powers accorded to him under the Staff Regulations, subject to Article 10 (4);

(c) submit to the Council the draft programme of the activities of the Centre, together with the opinions and recommendations of the Scientific Advisory Committee;

(d) prepare and implement the budget of the Centre in accordance with the Financial Regulations;

(e) keep a precise record of all the revenue and expenditure of the Centre in accordance with the Financial Regulations;

(f) submit annually for the approval of the Council, the accounts relating to the implementation of the budget and the balance sheet of assets and liabilities, drawn up in each case in accordance with the Financial Regulations, and the report on the activities of the Centre;

(g) conclude, in accordance with Article 6 (1)(e) and Article 6 (3)(k), the co-operation agreements necessary for attaining the objectives of the Centre.

In carrying out his tasks, the Director shall be assisted by the other staff of the Centre.

ARTICLE 10

1. Subject to the second subparagraph, the staff of the Centre shall be subject to the Staff Regulations adopted by the Council acting in accordance with Article 6 (3)(b). If the terms of employment of a staff member of the Centre do not fall under these Staff Regulations, they shall be subject to the law applicable in the State in which the person concerned carries out his duties.

2. The recruitment of staff shall be based on personal qualifications, account being taken of the international character of the Centre. No post may be reserved for nationals of a particular Member State.

3. The Centre may employ staff from national agencies of the Member States seconded to the Centre for a specified period.

4. The Council shall approve the appointment and dismissal of officials in the upper grades defined in the Staff Regulations, and of the Financial Comptroller and his deputy.

5. Disputes arising out of the implementation of the Staff Regulations or the execution of the contracts of employment of the staff shall be settled in accordance with the Staff Regulations.

6. Every person who works at the Centre shall be subject to the authority of the Director and shall conform with all the general rules approved by the Council.

7. Each Member State shall be required to respect the international character of the responsibilities of the Director and the other officials of the Centre. In the performance of their duties, the Director and the other officials shall neither seek nor accept instructions from any Government or authority outside the Centre.

ARTICLE 11

The programme of activities of the Centre shall be adopted by the Council acting on a proposal from the Director in accordance with Article 6 (3)(i).

The programme shall cover, in principle, a four-year period and shall be adapted and supplemented each year for an additional period of one year. It shall fix the ceiling of expenditure for the duration of the programme and shall contain, in addition, an estimate of the expenditure arising out of its implementation in respect of each year and each major category.

The ceiling of expenditure may only be amended in accordance with the procedure laid down in Article 6 (3)(i).

ARTICLE 12

1. The budget of the Centre shall be drawn up for each financial year before the beginning of that year, under the conditions laid down in the Financial Regulations.

The expenditure of the Centre shall be met from the financial contributions of the Member States and any other revenue of the Centre.

The revenue and expenditure shown in the budget shall be in balance. The budget shall be drawn up in the currency of the State in which the headquarters of the Centre are located.

2. All expenditure and revenue of the Centre shall be the subject of detailed estimates to be drawn up for each financial year and shall be shown in the budget.

Commitment appropriations relating to a period extending beyond the financial year may be authorised under the conditions laid down in the Financial Regulations.

In addition, an overall estimate of expenditure and revenue in each major category for the next three financial years shall be drawn up.

3. The Council, acting in accordance with Article 6 (2)(b), shall adopt the budget for each financial year and the table of the posts of the Centre annexed thereto and any supplementary or rectifying budgets and approve the overall estimate of expenditure and revenue for the next three financial years.

4. The adoption of the budget by the Council shall:

(a) oblige each Member State to make available to the Centre the financial contributions determined in the budget;

(b) authorise the Director to enter into commitments and make payments within the limits of the appropriations authorised for these purposes.

5. If the budget has not been adopted by the Council by the beginning of a financial year, the Director may, each month, enter into commitments and make payments in each chapter up to one twelfth of the appropriations in the budget of the preceding financial year, provided that he shall not have at his disposal appropriations in excess of one-twelfth of those provided for in the draft budget.

Member States shall pay each month, on a provisional basis and in accordance with the scale provided for in Article 13, the amounts necessary for the application of the first subparagraph.

6. The budget shall be implemented under the conditions laid down in the Financial Regulations.

ARTICLE 13

1. Each Member State shall pay an annual contribution to the Centre, in convertible currency, based on the scale which shall be adopted every three years by the Council acting in accordance with Article 6 (3)(h). This scale shall be based on the average gross national product of each Member State over the last three calendar years for which there are statistics.

2. The Council, acting in accordance with Article 6 (3)(h), may decide to reduce temporarily the contribution of a Member State because of special circumstances in that State. Special circumstances shall in particular be considered to exist where a Member State has a per capita gross national product lower than an amount which shall be determined by the Council acting in accordance with the procedure laid down in Article 6 (3).

3. If, after the entry into force of this Convention, a State becomes a party to this Convention, the scale of contributions shall be modified by the Council according to the basis for calculation laid down in paragraph 1. The new scale shall take effect when the State concerned becomes a party to this Convention.

A State which becomes a party to this Convention after 31 December of the year during which it enters into force shall be required to pay, in addition to the contribution laid down in paragraph 1, a single additional contribution to the expenditure previously incurred by the Centre. The amount of this additional contribution shall be determined by the Council, acting in accordance with the procedure laid down in Article 6 (1).

Unless the Council decides otherwise, acting in accordance with the procedure laid down in Article 6 (1), any additional contribution paid pursuant to the second subparagraph shall be deducted from the contributions of the other Member States. This reduction shall be calculated on a pro rata basis according to the contributions actually paid by each Member State prior to the current financial year.

4. If, after the entry into force of this Convention, a State ceases to be a party to this Convention, the scale of contributions shall be modified by the Council according to the basis for calculation laid down in paragraph 1. The new scale shall take effect when the State concerned ceases to be a party to this Convention.

5. The methods of payment of the contributions shall be determined in the Financial Regulations.

ARTICLE 14

1. The accounts of all revenue and expenditure shown in the budget and the balance sheet of the assets and liabilities of the Centre shall, under the conditions laid down in the Financial Regulations, be submitted for audit to auditors whose independence is beyond doubt. The purpose of the audit, which shall be based on records and if necessary performed on the spot, shall be to establish that all revenue has been received and all expenditure incurred in a lawful and regular manner and that the financial management of the Centre has been sound. The auditors shall submit a report on the annual accounts to the Council.

2. The Council, acting on a proposal from the Finance Committee in accordance with Article 6 (3)(e), shall determine the number of auditors, the length of their appointment, the amount of their remuneration, and shall appoint them.

3. The Director shall give the auditors any information and assistance needed for the audit referred to in paragraph 1.

ARTICLE 15

1. Each Member State shall be granted, free of charge, for its own requirements in the field of weather forecasting, a non-exclusive licence and any other non-exclusive right of use, in respect of industrial property rights, computer program and technological information which result from work carried out pursuant to this Convention and which belong to the Centre.

2. Where the Centre does not possess the rights referred to in paragraph 1, it shall attempt to obtain the necessary rights, under the conditions determined by the Council.

3. The conditions under which the licences referred to in paragraph 1 may be extended to applications other than weather forecasting shall be the subject of a decision of the Council acting in accordance with Article 6 (3)(1).

ARTICLE 16

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).

ARTICLE 17

1. Any dispute between Member States or between one or more Member States and the Centre concerning the interpretation of application of this Convention, including the Protocol on the Privileges and Immunities provided for in Article 16 or relating to one of the cases provided for in Article 24 of that Protocol, which can not be settled by the good offices of the Council shall, on a request made by one party to the dispute to the other, be referred to an arbitration tribunal, set up in accordance with the first subparagraph of paragraph 2, unless the parties to the dispute agree within three months on another form of settlement.

2. Each party to the dispute, whether constituted by one or more Member States, shall appoint one member of the arbitration tribunal within two months from the date on which the request referred to in paragraph 1 is received. These members shall, within two months of the appointment of the second member, appoint a third member who shall be the chairman of the tribunal, and who shall not be a national of a State which is a party to the dispute. If the appointment of any of the three members of the tribunal has not been made within the prescribed period, it shall be made by the President of the International Court of Justice at the request of one of the parties.

The arbitration tribunal shall take decisions by a majority. Its decisions shall bind the parties to the dispute. Each party shall bear the costs of the member of the tribunal appointed by it and those relating to its representation at proceedings before the tribunal. Each party to the dispute shall bear an equal share of the costs relating to the chairman of the tribunal and any other expenses, unless the tribunal decides otherwise. The tribunal shall determine its other rules of procedure.

ARTICLE 18

1. Each Member State may transmit proposals for amending this Convention to the Director. The Director shall submit such proposals to the other Member States at least three months before they are to be examined by the Council. The Council shall examine the proposals and may, acting in accordance with Article 6 (3)(n), recommend the Member States to accept the proposed amendments.

2. Amendments recommended by the Council may only be accepted by the Member States in writing. They shall enter into force thirty days after receipt by the Secretary-General of the Council of the European Communities of the last written notification of acceptance.

ARTICLE 19

1. Any Member State may denounce this Convention after it has been in force for five years by giving notice to the Secretary-General of the Council of the European Communities. Denunciation shall take effect at the end of the second financial year following the year during which notice is given,

2. A Member State which has denounced this Convention shall remain bound to contribute towards financing all commitments entered into by the Centre before such denunciation and to respect the obligations which it contracted itself as a Member State vis-...-vis the Centre before the denunciation.

3. A Member State which has denounced this Convention shall lose its rights to the assets of the Centre and must indemnify the Centre under the conditions laid down by the Council acting in accordance with Article 6 (2)(d), for any loss for the Centre of property in the territory of such a State, unless a special agreement is concluded guaranteeing the Centre the use of such property.

ARTICLE 20

Any Member State which does not fulfil its obligations under this Convention may be deprived of its membership by a decision of the Council acting in accordance with Article 6 (1)(e). In such an event Article 19 (2) and (3) shall be applicable mutatis mutandis.

ARTICLE 21

1. Unless the Council acting in accordance with Article 6 (2)(e) decides otherwise, the Centre shall be dissolved if denunciation of this Convention by one or more Member State results in the levels of contributions of the other Member States being increased by one-fifth over their initial levels.

2. In addition to the case referred to in paragraph 1, the Centre may be dissolved at any time by the Council acting in accordance with Article 6 (1)(d).

3. In the event of dissolution of the Centre, the Council shall appoint a liquidator.

Unless the Council acting in accordance with Article 6 (2)(e) decides otherwise, any surplus shall be distributed among the Member States at the time of dissolution on a pro rata basis according to the contributions actually paid by them during the time in which they have been parties to this Convention.

Any deficit shall be met by the Member States on a pro rata basis according to their contributions fixed for the current financial year.

ARTICLE 22

1. This Convention shall be open for signature by the European States mentioned in the Annex until 11 April 1974 at the General Secretariat of the Council of the European Communities.

It shall be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited in the archives of the General Secretariat of the Council of the European Communities.

2. This Convention shall enter into force on the first day of the second month following the date of its ratification, acceptance or approval by no less than two-thirds of the signatory States, including the State in whose territory the headquarters of the Centre are located, provided that the total contributions by these States amounts to at least 80% of the total contributions in accordance with the scale contained in the Annex.

For any other signatory State, this Convention shall enter into force on the first day of the second month following the date of the deposit of its instrument of ratification, acceptance or approval.

ARTICLE 23

After the entry into force of this Convention, any State which is not a Signatory and is mentioned in the Annex may accede to this Convention, subject to the consent of the Council acting in accordance with Article 6 (1)(b). Instruments of accession shall be deposited in the archives of the General Secretariat of the Council of the European Communities.

For each acceding State, this Convention shall enter into force on the first day of the second month following the deposit of its instrument of accession.

ARTICLE 24

The Secretary-General of the Council of the European Communities shall notify the signatory and acceding States of:

(a) any signature to this Convention;

(b) the deposit of all instruments of ratification, acceptance, approval or accession;

(c) the entry into force of this Convention;

(d) any written notification of acceptance of an amendment to this Convention;

(e) the entry into force of any amendment;

(f) any denunciation of this Convention or loss of membership of the Centre.

As soon as this Convention enters into force, the Secretary-General of the Council of the European Communities shall register it with the General Secretariat of the United Nations, in accordance with Article 102 of the Charter of the United Nations.

ARTICLE 25

1. The first financial year shall run from the entry into force of this Convention until 31 December following. In the event of this period beginning during the second half of a calendar year, it shall run until 31 December of the following year.

2. States which have signed this Convention but have not ratified, accepted or approved it may be represented at meetings of the Council and take part in its work without the right to vote for a period of twelve months after the entry into force of this Convention. This period may be extended for a further period of six months by the Council, acting in accordance with the procedure laid down in Article 6 (3).

3. At its first meeting the Scientific Advisory Committee shall determine, by drawing lots, the nine members of the Committee whose terms of office shall expire, in accordance with the first subparagraph of Article 7 (1), at the end of the first, second and third years of operation of the Committee.

ARTICLE 26

This Convention, drawn up in a single original in the Dutch, English, French, German and Italian languages, all five texts being equally authentic, shall be deposited in the archives of the General Secretariat of the Council of the European Communities, which shall transmit a certified copy to the Government of each signatory or acceding State.