S.I. No. 82/2002 - The Acp-Ec Partnership Agreement of Cotonou (Privileges and Immunities) Order, 2002

WHEREAS it is enacted by section 42A (inserted by section 1 of the Diplomatic Relations and Immunities (Amendment) Act, 1976 (No. 2 of 1976)) of the Diplomatic Relations and Immunities Act, 1967 (No. 8 of 1967), 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-EC Partnership Agreement of Cotonou, with the Protocols annexed thereto, done at Cotonou on the 20^th day of June, 2000, is such an agreement;

NOW, the Government, in exercise of the powers conferred on them by the said section 42A hereby order as follows:

1. This Order may be cited as the ACP-EC Partnership Agreement of Cotonou (Privileges and Immunities) Order, 2001.

2. In this Order:-

a reference to a Schedule or article which is not otherwise identified is a reference to a Schedule or article of this Order

“the Agreement” means the ACP-EC Partnership Agreement of Cotonou, with the Protocols annexed thereto, done at Cotonou on the 20^th day of June, 2000

“the Act of 1967” means the Diplomatic Relations and Immunities Act, 1967 , as amended

“the Convention set out at the First Schedule to the Act of 1967” means the Convention on Diplomatic Relations done at Vienna on the 18^th day of April, 1961

3. In the work of the institutions or co-ordinating bodies of the Agreement, or in work connected with the application of the Agreement, while carrying out their duties and while travelling to or from the place at which they are required to carry them out, the persons set out in the Schedule to this Order shall have and enjoy such inviolability and exemptions, facilities, immunities, privileges and rights, in such manner, to such extent and subject to such limitations as a member of a diplomatic mission under the Convention set out at the First Schedule to the Act of 1967.

4. For their official correspondence and other communications and the transmission of all their documents, the European Community, the institutions of the Agreement and the co-ordinating bodies established thereunder shall have and enjoy such inviolability and exemptions, facilities, immunities, privileges and rights, in such manner, to such extent and subject to such limitations as a diplomatic mission under Article 27 of the Convention set out at the First Schedule to the Act of 1967.

SCHEDULE

Representatives, advisers and experts of the Governments of EC Member States

Representatives, advisers and experts of the Governments of ACP States

Representatives, advisers and experts of the Institutions of the European Communities

Members of Staff of the Secretariat of the ACP States

Members, officials and employees of the Joint Parliamentary Assembly

Arbitrators, their officials and employees appointed under the Agreement

Members, their officials and employees of consultative bodies established under the Agreement

Members and their staff of the European Investment Bank

Staff of the Centre for Development of Enterprise (CDE)

Staff of the Centre for Development of Agriculture (CTA)

GIVEN under the Official Seal of the Government, this 7^th day of March, 2002

Dermot McCarthy

Secretary General to the Government^*

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EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation)

The purpose of this order it to provide for the privileges and immunities to be enjoyed by the institutions of the Cotonou Agreement and by the co-ordinating bodies established by it, and for the privileges and immunities of persons engaged in the work of those institutions and co-ordinating bodies while carrying out their duties, pursuant to the terms of the Cotonou Agreement.

^* An officer duly authorised to authenticate the Seal of the Government pursuant to s. 16 (2) of the Ministers and Secretaries Act 1924