Irish Aviation Authority Act 1993

Status and privileges of Eurocontrol and privileges of its personnel.

48

48. (1) Eurocontrol shall have the legal capacity of a body corporate and anything which may be required or authorised by law to be done by or to Eurocontrol may be done by or to the Agency on behalf of Eurocontrol.

(2) Eurocontrol shall be entitled to—

( a) the like exemption or relief from taxes and rates, other than taxes on the importation of goods or taxes or duties which form part of the price of goods sold, as is accorded to a foreign sovereign state,

( b) exemption, subject to compliance with such conditions as the Revenue Commissioners may prescribe, from taxes on the importation of goods directly imported by Eurocontrol for its official use in the State or for exportation, or on the importation of any publications of Eurocontrol directly imported by it, and

( c) exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by Eurocontrol for its official use and in the case of any publications of Eurocontrol directly imported or exported by it.

(3) Subject to subsection (4), any rule of law relating to the inviolability of the official archives and premises of an envoy of a foreign sovereign state accredited to the President shall extend to the official archives of Eurocontrol and to premises occupied by Eurocontrol wholly or mainly for the housing of its installations and, without prejudice to the generality of the foregoing provisions, no judgment or order of any court shall be enforced by the levying of execution upon anything forming part of any such installations.

(4) Subsection (3) (except so far as it relates to execution) shall not preclude access to any premises, or the inspection of any record or document—

( a) by a member of the Garda Síochána or other person acting in the execution of a warrant or other legal process or having reason to believe that an offence has been, is being or is about to be committed on the premises, or

( b) by any person investigating an accident or other incident in pursuance of the Acts or this Act or an order or regulation under the Acts or this Act.

(5) Persons employed by Eurocontrol in the State shall be entitled to exemption from customs duties and charges, other than those in respect of services rendered, in the case of importation of their personal effects, movable property and other household effects which are not new and which they bring into the State on first taking up residence in the State for the purpose of such employment and in the case of exportation of those effects and property upon their ceasing to be employed by Eurocontrol in the State.

(6) Persons employed by Eurocontrol shall enjoy inviolability for their official papers and documents.

(7) The Director General of the Agency shall enjoy immunity from jurisdiction in respect of acts, other than acts which would constitute a road traffic offence or acts whereby damage is caused by a motor vehicle belonging to, or driven by, him, but including words spoken or written.

(8) Representatives of member states of Eurocontrol shall, whilst exercising their functions, and in the course of any journey to or from a meeting of Eurocontrol, enjoy inviolability for their official papers and documents.

(9) In this section “ installations” means apparatus for locating, directing, affording navigational aid to, or otherwise communicating with aircraft in flight, including apparatus for recording or processing material received or transmitted by such apparatus, and any other apparatus for use in connection with any such apparatus as aforesaid.