S.I. No. 355/2025 - European Organization for Nuclear Research (Privileges and Immunities) Order 2025

1. This Protocol shall enter into force thirty days after the date on which the twelfth instrument of ratification, acceptance, approval or accession by a State Party to the Convention is deposited.

2. For each State ratifying, accepting, approving or acceding to this Protocol after its entry into force, this Protocol shall enter into force on the thirtieth day following the deposit with the Director-General of the United Nations Educational, Scientific and Cultural Organization (UNESCO) of its instrument of ratification, acceptance, approval or accession.

Article 25

Notification

The Director-General of the United Nations Educational, Scientific and Cultural Organization (UNESCO) shall notify all signatory and acceding States of this Protocol and the Director-General of the Organization of the deposit of each instrument of ratification, acceptance, approval or accession, of the entry into force of this Protocol, as well as of any notification of its denunciation.

Article 26

Registration

The Director-General of the United Nations Educational, Scientific and Cultural Organization (UNESCO) shall, upon the entry into force of this Protocol, register it with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations.

Article 27

Denunciation

Any State Party to this Protocol may, at any time, by written notification addressed to the Director-General of the United Nations Educational, Scientific and Cultural Organization (UNESCO), denounce this Protocol. The denunciation shall take effect on the date one year after the date of receipt of such notification, unless the notification specifies a later date.

IN WITNESS WHEREOF, the undersigned representatives, having been duly authorized thereto by their respective Governments, have signed this Protocol.

Done at Geneva, on 18 March 2004, in the English and French languages, both texts being equally authoritative and deposited in the archives of the United Nations Educational, Scientific and Cultural Organization (UNESCO), the Director-General of which shall transmit a certified copy to all signatory and acceding States.

GIVEN under the Official Seal of the Government,

15 July, 2025.

MICHEÁL MARTIN,

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 and immunities are afforded to the European Organization for Nuclear Research in accordance with the Protocol on the Privileges and Immunities of the European Organization for Nuclear Research, done at Geneva on 18 March 2004, pursuant to the

Diplomatic Relations and Immunities Act 1967

(as amended).

3. This Protocol shall remain open for accession by the States Parties to the Convention and by the States which have concluded a Co-operation or an Association Agreement with the Organization. The instruments of accession shall be deposited with the Director-General of the United Nations Educational, Scientific and Cultural Organization (UNESCO).

Article 24

Entry into force

4. The Tribunal shall determine its own procedure.

5. There shall be no right of appeal against the award of the Tribunal, which shall be final and binding on the Parties. In the event of a dispute concerning the import or scope of the award, it shall be incumbent upon the Tribunal to give an interpretation at the request of either Party.

Article 20

Implementation of the Protocol

The Organization may, if the Council of the Organization so decides, conclude additional Agreements with one or more States Parties to this Protocol in order to implement the provisions of this Protocol.

Article 21

Amendment Procedure

6. Goods and materials belonging to the Organization which have been acquired or imported in accordance with the provisions of paragraph 2 or 3 of this Article shall not be sold or donated on the territory of the State which has granted the exemption except under the conditions laid down by that State.

Article 7

Free disposal of funds

The Organization may freely receive, hold and transfer any kind of funds, currency and cash; it may dispose of them freely for its official activities and hold accounts in any currency to the extent required to meet its obligations.

Article 8

Official communications

The circulation of publications and other information material, received or sent by the Organization in whatever form in the exercise of its official activities, shall not be restricted in any way.

Article 9

Privileges and immunities of the States representatives

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

25

th July,

2025.

WHEREAS it is enacted by section 42A (amended by

section 6

of the

Diplomatic Relations (Miscellaneous Provisions) Act 2017

(No. 33 of 2017)) 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 equivalent or having like effect to those conferred upon, or afforded in relation to, sending states, missions or international organisations under the Vienna Convention, the Convention on the Privileges and Immunities of the United Nations, or the Convention on the Privileges and Immunities of the Specialised Agencies or any other international agreement scheduled to the

Diplomatic Relations and Immunities Act 1967

provided for in relation to them by an international agreement or arrangement to which the State or the Government is or intends to become a party;

AND WHEREAS the European Organization for Nuclear Research is such an international organisation, community or body and the Protocol on the Privileges and Immunities of the European Organization for Nuclear Research done at Geneva on 18 March 2004 is such an international agreement;

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