S.I. No. 291/1979 - European Space Agency (Designation of Organisation) Order, 1979.

1. When concluding written contracts, other than those concluded in accordance with the Staff Regulations, the Agency shall provide for arbitration. The arbitration clause or the special arbitration agreement concluded to this end shall specify the law applicable and the country where the arbitrators sit. The arbitration procedure shall be that of that country.

2. The enforcement of the arbitration award shall be governed by the rules in force in the State on whose territory the award is to be executed.

ARTICLE XXVI

Any Member State may submit to the international Arbitration Tribunal referred to in Article XVII of the Convention any dispute

a) arising out of damage caused by the Agency;

b) involving any other non-contractual responsibility of the Agency;

c) involving the Director General, a staff member or an expert of the Agency and in which the person concerned can claim immunity from jurisdiction under Articles XV, XVI (

a)

or XVII (

a

), if this immunity is not waived in accordance with Article XXI. In such disputes where the claim for immunity from jurisdiction arises under Articles XVI (

a

) or XVII (

a

), the responsibility of the Agency shall in such arbitration be substituted for that of the persons referred to in those Articles.

ARTICLE XXVII

The Agency shall make suitable provision for the satisfactory settlement of disputes arising between the Agency and the Director General, staff members or experts in respect of their conditions of service.

ARTICLE XXVIII

The Agency may, on a decision of the Council, conclude with one or more Member States complementary agreements to give effect to the provisions of this Annex as regards such State or States, and other arrangements to ensure the efficient functioning of the Agency and the safeguarding of its interests.

GIVEN under the Official Seal of the Government, this 24th day

of July, 1979.

SEÁN Ó LOINSIGH,

Taoiseach.

3. The provisions of Articles V and VI shall not apply to taxes and duties that are no more than charges for public utility services.

ARTICLE VIII

No exemption shall be granted under Articles V or VI in respect of goods purchased or imported, or services provided, for the personal benefit of the staff members of the Agency.

ARTICLE IX

S.I. No. 291 of 1979.

EUROPEAN SPACE AGENCY (DESIGNATION OF ORGANISATION) ORDER, 1979.

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, community or body of which the State intends to become a member

AND WHEREAS the European Space Agency is such an organisation as aforesaid

NOW, the Government, in exercise of the powers conferred on them by section 40 of the said

Diplomatic Relations and Immunities Act, 1967

, hereby order as follows