European Foundation for the Improvement of Living and Working Conditions (Privileges and Immunities) Order 2016.

• Jurisdiction: Ireland
• Citation: IR SI 428/2016
• Year: 2016

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 22nd July, 2016.

WHEREAS it is enacted by section 42A (amended by section 4 of the Diplomatic Relations and Immunities (Amendment) Act 2006 (No. 10 of 2006)) of the Diplomatic Relations and Immunities Act 1967 (No. 8 of 1967) that the Government may by order make provision to enable—

(a) international organisations, communities or bodies, their institutions or organs and their property, and

(b) persons,

to have and enjoy in the State any inviolability, exemptions, facilities, immunities, privileges or rights (other than inviolability, exemptions, facilities, immunities, privileges or rights not conferred upon, or afforded in relation to, sending states or missions under the Vienna Convention) 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 the European Foundation for the Improvement of Living and Working Conditions is such an international organisation, community or body and the Seat Agreement made on 10 November 2015 between the Government of Ireland and the European Union (European Foundation for the Improvement of Living and Working Conditions) 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 European Foundation for the Improvement of Living and Working Conditions (Privileges and Immunities) Order 2016.

2. The Seat Agreement (the text of which is, for convenience of reference, set out in the Schedule) shall, with the exception of paragraphs 1 to 4 of Article 10, apply for the purposes of section 42A (amended by section 4 of the Diplomatic Relations and Immunities (Amendment) Act 2006 (No. 10 of 2006)) of the Diplomatic Relations and Immunities Act 1967 (No. 8 of 1967).

SCHEDULE

SEAT AGREEMENT BETWEEN THE GOVERNMENT OF IRELAND AND THE EUROPEAN UNION (EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS)

The Government of Ireland, hereinafter referred to as “the Government”, and the European Union (European Foundation for the Improvement of Living and Working Conditions), hereinafter referred to as “Eurofound” or “the Agency”:

HAVING REGARD to Regulation (EEC) N°1365/75 of the Council of 26 May 19751 on the creation of a European Foundation for the Improvement of Living and Working Conditions, hereinafter referred to as the “Founding Regulation”;

HAVING REGARD to the Protocol on the Privileges and Immunities of the European Union,2 hereinafter referred to as “the Protocol”;

HAVING REGARD to the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities (CEOS);

HAVING REGARD to the Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralised agencies and its annexed Common Approach signed on 19 July 2012;

WHEREAS Article 4(2) of the Founding Regulation provides that Eurofound shall have its seat in Ireland;

WHEREAS Article 20 of the Founding Regulation specifies that the Protocol shall apply to Eurofound;

WHEREAS Article 17 of the Founding Regulation specifies that the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities (CEOS) shall be applicable to the staff of Eurofound, including the Director;

WHEREAS Point 9 of the Common Approach stipulates that all agencies should have headquarters agreements;

HAVE AGREED AS FOLLOWS:

Article 1

Definitions

For the purpose of this Agreement and the application of the Protocol, insofar as the context may require, the following definitions shall apply:

(a) All reference to the Union in the Protocol shall be understood as references to Eurofound;

(b) All reference to the Officials and other servants of the Union shall be read as references to the statutory staff of Eurofound;

(c) Statutory staff shall mean the personnel of the Agency subject to the Staff Regulations of Officials of the European Communities or to the Conditions of Employment of Other Servants (CEOS) of the European Communities, made up of the following categories:

- Officials as defined in the Staff Regulations;

- Temporary agents as defined in the CEOS;

- Contract agents as defined in the CEOS.

Article 2

Legal capacity

(1) Eurofound is a body of the European Union and has legal personality in accordance with Article 4(1) of its Founding Regulation. It shall enjoy the most extensive legal capacity accorded to legal persons under Irish law. It may, in particular, acquire and dispose of movable and immovable property and be a party of legal proceedings.

(2) Eurofound is legally represented by its Director according to Article 9(1) of the Founding Regulation.

Article 3

Inviolability and immunity

(1) The premises, buildings and archives of Eurofound, including all documents, data centres and data belonging to Eurofound shall, without prejudice to Article 21 of the Founding Regulation, be inviolable in accordance with Articles 1 and 2 of the Protocol. They shall be exempt from search, requisition, confiscation or expropriation.

(2) In accordance with Article 1 of the Protocol, the property and assets of Eurofound shall not be the subject of any administrative or legal measure of constraint without the authorisation of the Court of Justice of the European Union.

Article 4

Seat of Eurofound

(1) Eurofound shall have its seat in Dublin, Ireland.

(2) The Government shall, as appropriate, accord full facilities for the performance of the functions of the Agency.

(3) Eurofound shall respect the terms and conditions under which facilities are accorded to the Agency by the Government, including in respect of any lease agreement.

(4) Eurofound may fly the flags of the Union, the flags of Ireland and its own flag on its premises.

(5) Eurofound shall be exclusively entitled to display its emblem on the premises of Eurofound and on its means of transport.

Article 5

Communications

In accordance with Article 5 of the Protocol, Eurofound, for its official communications and the transmission of all its documents, shall enjoy the same treatment accorded to diplomatic missions in Ireland.

Article 6

Diplomatic bags

Documents and articles for official use of the Agency may be imported, exported or transferred in...