S.I. No. 914/2004 - Athena (Designation and Immunities) Order 2004

WHEREAS under 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), 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 or the Government is or intends to become a party:

AND WHEREAS ATHENA is an international organisation, community or body, and Decision No. 2004/582/EC of the Representatives of the Governments of the Member States meeting within the Council of 28 April 2004 concerning privileges and immunities granted to ATHENA 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 ATHENA (Designation and Immunities) Order 2004.

2. In this Order—

“ATHENA” means the mechanism established by Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications;

“immunities” includes privileges, inviolabilities, exemptions, facilities, and rights.

3. The immunities provided for in Articles 1, 2, 3 and 4 of Decision No. 2004/582/EC of the Representatives of the Governments of the Member States meeting within the Council of 28 April 2004 concerning privileges and immunities granted to ATHENA (the text of which, in the English language, is set out in the Schedule to this Order) shall apply in relation to ATHENA.

SCHEDULE

Article 1

The property, funds and assets belonging to ATHENA, or administered on behalf of the Member States by it, wherever located on the territories of the Member States and by whomsoever held, shall be immune from search, seizure, requisition, confiscation or any other form of administrative or legal measure of constraint.

Article 2

The archives of ATHENA shall be inviolable.

Article 3

1. Within the scope of its official activities, the assets, income and other property belonging to ATHENA, or administered on behalf of the Member States by it, shall be exempt from all direct taxes.

2. Purchases or acquisitions made by ATHENA shall be exempt from all indirect taxes included in the price of movable and immovable property and services purchased for official use and involving considerable expenditure. The exemption may be granted by way of a refund or remission.

3. No exemption shall be granted on taxes which amount merely to charges for public utility services.

Article 4

Member States shall permit ATHENA to communicate freely and without need for permission, for all official purposes, and shall protect its right to do so. ATHENA shall have the right to use codes and to dispatch and receive official correspondence and other official communications by courier or in sealed bags, which shall be subject to the same privileges and immunities as diplomatic couriers and bags.