S.I. No. 34/1976:

APC-EEC CONVENTION OF LOMÉ (PRIVILEGES AND IMMUNITIES) ORDER, 1976.

APC-EEC CONVENTION OF LOMÉ (PRIVILEGES AND IMMUNITIES) ORDER, 1976.

WHEREAS it is enacted by section 42A of the Diplomatic Relations and Immunities Act, 1967 (No. 8 of 1967), as amended by the Diplomatic Relations and Immunities (Amendment) Act, 1976 (No. 2 of 1976), that the Government may by order make provision to enable international organisations, communities or bodies, their institutions or organs and their property, and persons to have and enjoy in the State any inviolability, exemptions, facilities, immunities, privileges or rights provided for in relation to them by an international agreement to which the State is or intends to become a party:

AND WHEREAS the ACP-EEC Convention of Lomé, with the Protocols annexed thereto, done at Lomé on the 28th day of February, 1975, is such an agreement:

NOW, the Government, in exercise of the powers conferred on them by section 42A of the said Diplomatic Relations and Immunities Act, 1967 , as amended by the said Diplomatic Relations and Immunities (Amendment) Act, 1976 (No. 2 of 1976), hereby order as follows:

1. This Order may be cited as the ACP-EEC Convention of Lomé (Privileges and Immunities) Order, 1976.

2. Protocol No. 5 to the ACP-EEC Convention of Lomé (a copy of which is set out in the Schedule hereto) shall apply for the purposes of section 42A of the Diplomatic Relations and Immunities Act, 1967 as amended by the Diplomatic Relations and Immunities (Amendment) Act, 1976 .

SCHEDULE.

ACP-EEC CONVENTION OF LOMÉ.

PROTOCOL NO. 5.

On Privileges and Immunities.

THE HIGH CONTRACTING PARTIES,

Desiring, by the conclusion of a Protocol on privileges and immunities, to facilitate the smooth functioning of the Convention, the preparation of its work and the implementation of the measures adopted for its application;

Whereas it is therefore necessary to specify the privileges and immunities which may be claimed by persons participating in work relating to the application of the Convention and to the arrangements applicable to official communications connected with such work, without prejudice to the provisions of the Protocol on the privileges and immunities of the European Communities, signed at Brussels on 8th April, 1965;

Whereas it is also necessary to lay down the treatment to be accorded to the property, funds and assets of the Council of ACP Ministers and its staff;

Whereas the Protocol concerning the measures to be taken for the application of Article 73 of the Convention, signed this day by the ACP States, has established as a co-ordinating body for the ACP States a Council of ACP Ministers, composed of the ACP States' members of the Council of Ministers set up by the Convention, assisted by a Committee of ACP Ambassadors composed of the ACP States' members of the Committee of Ambassadors set up by the said Convention; whereas that Council and that Committee are to be assisted by a Secretariat of the ACP States and whereas of the said Internal Protocol recognises the Council of ACP Ministers as having legal personality,

HAVE AGREED upon the following provisions, which shall be annexed to the Convention:

Chapter 1

Persons taking part in the work of the Convention.

ARTICLE 1

The Representatives of the Governments of the Member States and of the ACP States and the Representatives of the Institutions of the European Communities, as also their advisers and experts and the members of the staff of the Secretariat of the ACP States taking part, in the territory of the Member States or of the ACP States, in the work either of the Institutions of the Convention or of the co-ordinating bodies, or in work connected with the application of the Convention, shall enjoy the customary privileges, immunities and facilities while carrying out their duties and while travelling to or from the place at which they are required to carry out such duties.

The preceding paragraph shall also apply to members of the Consultative Assembly of the Convention, to the arbitrators who may be appointed under the Convention, to members of the consultative bodies of the economic and social sectors which may be set up, to the officials and employees of these institutions, and also to the members of the agencies of the European Investment Bank and its staff, and also to the staff of the Industrial Development Centre.

Chapter 2

Property, funds and assets of the Council of ACP Ministers.

ARTICLE 2

The premises and buildings occupied by the Council of ACP Ministers for official purposes shall be inviolable. They shall be exempt from search, requisition, confiscation or expropriation.

Except when required for the purposes of investigating an accident caused by a motor vehicle belonging to the said Council or being used on its account, or in the event of an infringement of road traffic regulations or of an accident caused by such a vehicle, the property and assets of the Council of ACP Ministers shall not be the subject of any administrative or legal measure of constraint without the authorisation of the Council of Ministers set up under the Convention.

ARTICLE 3

The archives of the Council of ACP Ministers shall be inviolable.

ARTICLE 4

The Council of ACP Ministers, its assets, income and other property shall be exempt from all direct taxes.

The host State shall, whereever possible, take the appropriate measures to remit or refund the amount of indirect taxes or sales taxes included in the price of movable or immovable property, where the Council of ACP Ministers makes, strictly for its official use, substantial purchases, the price of which includes taxes of this kind.

No exemption shall be granted in respect of taxes, charges, duties or fees which represent charges for services rendered.

ARTICLE 5

The Council of ACP Ministers shall exempt from all customs duties, prohibitions and restrictions on imports and exports in respect of articles intended for its official use; articles so imported may not be sold or otherwise disposed of, whether or not in return for payment, in the territory of the country into which they have been imported, except under conditions approved by the Government of that country.

Chapter 3

Official Communications.

ARTICLE 6

For their official communications and the transmission of all their documents, the European Economic Community, the Institutions of the Convention and the co-ordinating bodies shall enjoy in the territory of the States party to the Convention the treatment accorded to international organisations.

Official correspondence and other official communications of the European Economic Community, the Institutions of the Convention and the co-ordinating bodies shall not be subject to censorship.

Chapter 4

Staff of the Secretariat of the ACP States.

ARTICLE 7

The Secretary (Secretaries) and Deputy Secretary (Secretaries) of the Council of ACP Ministers and the other permanent members of the staff, of senior rank, of the Council of ACP Ministers shall enjoy, in the State in which the Council of ACP Ministers is established, under the responsibility of the Chairman in Office of the Committee of ACP Ambassadors, the advantages accorded to the diplomatic staff of diplomatic missions. Their spouses and their children under age living in their household shall be entitled, under the same conditions, to the advantages accorded to the spouses and children under age of such diplomatic staff.

ARTICLE 8

The State in which the Council of ACP Ministers is established shall grant immunity from legal proceedings to permanent members of the staff of the Secretariat of the ACP States, apart from those referred to in Article 7, only in respect of acts done by them in the performance of their official duties. Such immunity shall not, however, apply to infringements to road traffic regulations by a permanent member of the staff of the Secretariat of the ACP States or to damage caused by a motor vehicle belonging to, or driven by, him.

ARTICLE 9

The names, positions and addresses of the Chairman in Office of the Committee of ACP Ambassadors, the Secretary (Secretaries) and Deputy Secretary (Secretaries) of the Council of ACP Ministers and of the permanent members of the staff of the Secretariat of the ACP States shall be communicated periodically by the President of the Council of ACP Ministers to the Government of the State in whose territory the Council of ACP Ministers is established.

Chapter 5

General Provisions.

ARTICLE 10

The privileges, immunities and facilities provided for in this Protocol shall be accorded to those concerned solely in the interests of the proper execution of their official duties.

Each Institution or body referred to in this Protocol shall be required to waive immunity wherever it considers that the waiver of such immunity is not contrary to its own interests.

ARTICLE 11

Article 81 of the Convention shall apply to disputes relating to this Protocol.

The Council of ACP Ministers and the European Investment Bank may be party to proceedings during an ad hoc arbitration procedure.

GIVEN under the Official Seal of the Government, this 27th day of January, 1976.

LIAM MAC COSGAIR.