The European Molecular Biology Laboratory (Immunities and Privileges) Order 1994

PART II THE LABORATORY

3.  The Laboratory is an organisation of which the United Kingdom and other sovereign Powers are members.

4.  The Laboratory shall have the legal capacities of a body corporate.

5.—(1) Within the scope of the official activities of the Institute, the Laboratory shall enjoy immunity from suit and legal process except that the immunity of the Laboratory shall not apply—

(a) to the extent that the Laboratory shall have expressly waived such immunity in a particular case;

(b) in respect of a civil action by a third party for damage arising from an accident caused by a motor vehicle belonging to, or operated on behalf of, the Laboratory or in respect of a motor traffic offence involving such a vehicle;

(c) in respect of a civil action relating to death or personal injury caused by an act or omission in the United Kingdom;

(d) in respect of contracts (other than those concluded in accordance with the Staff Rules and Regulations) which do not include an arbitration clause as referred to in Article 21 of the Agreement;

(e) in respect of the enforcement of an arbitration award made under Article 21 or 24 of the Agreement;

(f) in respect of an attachment order against the salaries, wages and emoluments owed by the Laboratory to a member of staff;

(g) in respect of any counter-claim directly connected with court proceedings initiated by the Laboratory.

(2) The provisions of the preceding paragraph shall not prevent the taking of such measures as may be permitted by law in relation to the property and assets of the Laboratory in so far as they may be temporarily necessary in connection with the prevention of, and investigation into, accidents involving motor vehicles belonging to, or operated on behalf of, the Laboratory.

6.  The archive of the Laboratory shall have the like inviolability as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives of a diplomatic mission.

7.  Within the scope of the official activities of the Institute, the Laboratory, its property, assets and income shall have exemption from taxes on income and capital gains.

8.  The Laboratory, within the scope of the official activities of the Institute, shall have the like relief from rates on the premises of the Institute as in accordance with Article 23 of the 1961 Convention Articles is accorded in respect of the premises of a diplomatic mission.

9.  The Laboratory shall have exemption from duties (whether of customs or excise) and taxes on the importation by it or on its behalf of goods necessary for the exercise of the official activities of the Institute and on the importation of any publications of the Laboratory imported by it or on its behalf, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue.

10.  The Laboratory shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods imported or exported by the Laboratory and necessary for the exercise of the official activities of the Institute and in the case of any publications of the Laboratory imported or exported by it.

11.  The Laboratory shall have relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of duty (whether of customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979(1)) or value added tax paid on the importation of such oil which is bought in the United Kingdom and is necessary for the exercise of the official activities of the Institute, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.

12.  The Laboratory shall have relief, under arrangements made by the Secretary of State, by way of refund of value added tax paid on the purchase of new motor vehicles of United Kingdom manufacture and of value added tax paid on the supply of any goods or services of substantial value which are necessary for the official activities of the Institute, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.

(1)

1979 c. 5.