S.I. No. 328/2009 - European Centre For Medium-range Weather Forecasts (Privileges and Immunities) Order 2009

1. Any Member State may submit to the arbitration tribunal provided for in Article 17 of the Convention any dispute

— arising out of damage caused by the Centre;

— involving any other non-contractual liability of the Centre; or

— involving a staff member or an expert of the Centre and in whichthe person concerned can claim immunity from jurisdictionunder Article 13 or Article 14, if this immunityis not waived in accordance with Article 19.

2. If a Member State intends to submit a dispute to arbitration it shall notify the Director-General who shall forthwith inform each Member State of such notification.

3. The procedure laid down in paragraph 1 shall not apply to disputes between the Centre and staff members in respect of their conditions of service.

4. No appeal shall lie against the award of the arbitration tribunal, which shall be final; it shall be binding on the parties. In case of dispute concerning the import or scope of the award, it shall be incumbent upon the arbitration tribunal to interpret it at the request of either party.

ARTICLE 25

For the purposes of this Protocol

(

a

) “official activities of the Centre” shall include its administration and its activities carried out in pursuance of its objectives as defined in Article 2 of the Convention;

(

b

) “staff members” shall include the Director-General of the Centre.

ARTICLE 26

This Protocol shall be interpreted in the light of its primary objective of enabling the Centre fully and efficiently to fulfil its objectives and carry out the functions assigned to it by the Convention.

GIVEN under the Official Seal of the Government,

12 June 2009.

BRIAN COWEN,

Taoiseach.

EXPLANATORY NOTE

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

This order provides that privileges, immunities and facilities are afforded to the European Centre for Medium-Range Weather Forecasts in accordance with the Protocol on the Privileges and Immunities of the European Centre for Medium-Range Weather Forecasts, done at Brussels on 11 October 1973, as amended by the Amending Protocol adopted on 22 April 2005.

S.I. No. 328 of 2009

EUROPEAN CENTRE FOR MEDIUM-RANGE WEATHER FORECASTS (PRIVILEGES AND IMMUNITIES) ORDER 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

18

th August

, 2009.

WHEREAS under section 40(1) of the

Diplomatic Relations and Immunities Act 1967

(No. 8 of 1967), the Government may by order designate an organisation to which the State is or intends to become a party to be an organisation to which Part VIII of that Act applies;

AND WHEREAS the Government by order entitled the European Centre for Medium-Range Weather Forecasts (Designation) Order 1974 (

S.I. No. 381 of 1974

) designated the European Centre for Medium-Range Weather Forecasts to be such an organisation;

AND WHEREAS the Government wishing to define the privileges and immunities which the European Centre for Medium-Range Weather Forecasts shall have and enjoy pursuant to

section 4

2A (as 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), ratified the Protocol on the Privileges and Immunities of the European Centre for Medium-Range Weather Forecasts, adopted at Brussels on 11 October 1973, on 5 February 1975;

AND WHEREAS the Protocol on the Privileges and Immunities of the European Centre for Medium-Range Weather Forecasts, as adopted at Brussels on 11 October 1973, has been amended by the Amending Protocol adopted on 22 April 2005 in accordance with Article 18(1) of the Convention Establishing the European Centre for Medium-Range Weather Forecasts;

AND WHEREAS Ireland intends to ratify the Amending Protocol which was adopted on 22 April 2005;

NOW, the Government, in exercise of the powers conferred on them by the said section 42A of the

Diplomatic Relations and Immunities Act 1967

hereby order as follows