S.I. No. 333/1980:

EUROCONTROL (DESIGNATION AND IMMUNITIES) ORDER 1980

EUROCONTROL (DESIGNATION AND IMMUNITIES) ORDER 1980

WHEREAS it is enacted by section 40 (1) of the Diplomatic Relations and Immunities Act, 1967 (No. 8 of 1967), that the Government may by Order designate an international organisation of which the State or the Government is or intends to become a member to be an organisation to which Part VIII of that Act applies and may by the Order make provision for the purposes of section 42 of that Act as respects certain matters specified in that subsection:

AND WHEREAS the State is a member of Eurocontrol:

NOW, the Government in exercise of the powers conferred on them by Section 40 of the Diplomatic Relations and Immunities Act, 1967 , hereby order as follows:

1. This Order may be cited as the Eurocontrol (Designation and Immunities) Order, 1980.

2. Eurocontrol is hereby designated as an organisation to which Part VIII of the Diplomatic Relations and Immunities Act, 1967 (No. 8 of 1967) applies.

3. The Protocol for the amendment of the Additional Protocol to the Eurocontrol International Convention relating to Co-operation for the Safety of Air Navigation done at Brussels on the 6th day of July 1970, (a copy of which is set out in the Schedule hereto) shall apply for the purposes of section 42 of the Diplomatic Relations and Immunities Act, 1967 .

SCHEDULE

Protocol for the amendment of the Additional Protocol to the Eurocontrol International Convention relating to Co-operation for the Safety of Air Navigation dated 6 July, 1970.

THE STATES PARTIES to the Additional Protocol to the EUROCONTROL International Convention relating to Co-operation for the Safety of Air Navigation signed at Burssels on 6 July, 1970 (hereinafter called "the Additional Protocol")

HAVE AGREED as follows:

Article 1.

As from the date of entry into force of the present Protocol the text of Article 3 of the Additional Protocol shall be superseded by the following text:

"1. The Director General of the Agency and the staff members of the Organisation, including the Permanent Delegate, shall be subject, under the conditions and rules laid down by the Permanent Commission, to a tax for the benefit of the Organisation on salaries and emoluments paid by the Organisation, which shall take effect within a period of one year from the date of entry into force of this provision. As from the date on which this tax is applied, such salaries and emoluments shall be exempt from national income tax. The Contracting States may, however, take into account the salaries and emoluments thus exempted when assessing the amount of tax payable on income from other sources.

"2. Paragraph 1 shall not apply to pensions and annuities paid by the Organisation.

"3. The names, titles, addresses as well as remunerations and where appropriate pensions of employees and former employees to whom the provisions of paragraphs 1 and 2 of the present article are applicable shall be communicated periodically to the Contracting States."

Article 2.

Notwithstanding the provisions of Article 1 of the present Protocol, obligations under Article 3 of the Additional Protocol shall remain binding until the relevant claims and commitments have been fully discharged.

Article 3.

1. The present Protocol shall be ratified, accepted or approved.

2. The instruments of ratification, acceptance or approval shall be deposited with the Government of the Kingdom of Belgium.

3. The present Protocol shall come into force on the first day of the year following the deposit of the instrument of ratification, acceptance or approval of the last State party to the Additional Protocol to complete that formality.

4. The Government of the Kingdom of Belgium shall notify the Governments of the other States parties to the Additional Protocol of any deposit of an instrument of ratification, acceptance or approval and the date of its entry into force.

GIVEN under the Official Seal of the Government this 29th day of October, 1980.

CHARLES J. HAUGHEY,

Taoiseach.

EXPLANATORY NOTE.

This Order enables Ireland to ratify the Protocol amending the additional Protocol to the Eurocontrol International Convention.

The Amending Protocol to the Additional Protocol to the Eurocontrol Convention sanctions the adoption by the Eurocontrol organisation of a system of internal taxation on staff remuneration similar to that operated by the EEC Commission.

The Amending Protocol was signed by Ireland on 21 November 1978.