Protocol concerning the privileges and immunities of the European Organization for Astronomical Research in the Southern Hemisphere

Parties with reservations, declarations and objections

Party	Reservations / Declarations	Objections
Germany	Yes	No
United Kingdom	Yes	No

Germany

12-09-2018

The Federal Republic of Germany has carefully examined the declaration of the United Kingdom of Great Britain and Northern Ireland sent to it by the Ministry for Europe and Foreign Affairs of the French Republic by note verbale no. 2017-314445 of 5 May 2017 concerning article 18 of the Protocol on the Privileges and Immunities of the European Organisation for Astronomical Research in the Southern Hemisphere (hereinafter referred to as: the Protocol). The declaration of the United Kingdom of Great Britain and Northern Ireland constitutes a reservation, that is to say a unilateral statement made by a State whereby it purports to exclude or to modify the legal effect of certain provisions of a treaty in their application to that State (see article 2 (1) (d) of the Vienna Convention on the Law of Treaties).
The Federal Republic of Germany objects to this reservation by the United Kingdom of Great Britain and Northern Ireland to article 18 of the Protocol.
The reservation to article 18 of the Protocol is prohibited under article 19 (c) of the Vienna Convention on the Law of Treaties, since the treaty does not provide for reservations to article 18 of the Protocol and such a reservation is not in any event compatible with the object and purpose of the treaty. In order to ensure that the organisation can operate freely, the Protocol grants ESO and its staff privileges and immunities based on a sound concept and, for this reason, it does not provide for any exceptions regarding the application of these privileges, apart from article 22. Since the reservation in question would affect a significant element of this overall concept and could thus hinder the organisation’s work, it is incompatible with the purpose of the treaty.
The reservation is therefore invalid. In addition, the invalid reservation was made late, because the United Kingdom of Great Britain and Northern Ireland acceded to the Protocol on 31 August 2012 without making any reservations. Moreover, under article 20 (5) of the Vienna Convention on the Law of Treaties, the reservation made by note verbale of 5 May 2017 cannot take effect, aside from its late submission, because it was objected to within the stipulated 12-month period.
The Protocol therefore remains in force between the two States without the United Kingdom of Great Britain and Northern Ireland being able to invoke the reservation.

United Kingdom

14-02-2017

The Government of the United Kingdom of Great Britain and Northern Ireland will not grant the privileges set out in Article 18 of the Protocol to the staff of the European Organisation for Astronomical Research in the Southern Hemisphere, with the exception of its Director-General.