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The International Organisations (Immunities and Privileges) (Scotland) Amendment Order 2010

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Article 2(b)

SCHEDULE 1

Article 2

SCHEDULE 14EUROPEAN UNION MILITARY STAFF

General

1.  In this Schedule—

“the 1961 Convention Articles” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964(1);

the Agreement” means the Agreement between the Member States of the European Union concerning the status of military and civilian staff seconded to the institutions of the European Union, of the headquarters and forces which may be made available to the European Union in the context of the preparation and execution of the tasks referred to in Article 17(2) of the Treaty on European Union, including exercises, and of the military and civilian staff of the Member States put at the disposal of the European Union to act in this context(2);

“the EUMS” means the Military Staff of the European Union, established under the Council Decision of 22nd January 2001 on the establishment of the Military Staff of the European Union, which forms part of the General Secretariat of the Council of the European Union;

“experts” means persons who are military or civilian staff seconded to the European Union institutions in accordance with Article 1 of the Agreement;

the Organisation” means the European Union established under Article 1 of the Treaty on European Union 1992; and

“the Treaty on European Union” means the Treaty on European Union signed at Maastricht on 7th February 1992 (as amended by the Treaty of Lisbon Amending the Treaty on European Union and the Treaty Establishing the European Community signed at Lisbon on 13th December 2007)(3).

Experts

2.  Except in so far as in any particular case any immunity or privilege is waived under Article 8(3) of the Agreement, experts shall enjoy immunity from suit and legal process, in respect of things done or omitted to be done in the course of the performance of official duties, even after their secondment to the European Union institutions has ceased.

The Organisation

3.  The Organisation shall have the like inviolability of official archives as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives of a diplomatic mission, where the official archives are kept in premises used by the EUMS or are in the possession of a properly authorised member of the EUMS.

(2)

The EU Status of Forces Agreement was signed by representatives of the governments of the Member States of the European Union on 17th November 2003. It is published at O.J. No. C321, 31.12.2003, p.6.

(3)

A consolidated version of the Treaty of Union is published at O.J. No. C115, 9.5.2008, p.13. The Lisbon Treaty is published at O.J. No. C306, 17.12.2007, p.1.

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