The European Union and European Atomic Energy Community (Immunities and Privileges) Order 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/881 |
| Year | 2021 |
2021 No. 881
International Immunities And Privileges
The European Union and European Atomic Energy Community (Immunities and Privileges) Order 2021
Made 21th July 2021
Coming into force in accordance with article 1(2)
At the Court at Windsor Castle, the 21st day of July 2021
Present,
The Queen’s Most Excellent Majesty in Council
In accordance with section 10(1) of the International Organisations Act 19681, a draft of this Order was laid before, and approved by a resolution of, each House of Parliament.
Accordingly, Her Majesty, in exercise of the powers conferred by section 4B2of that Act, is pleased, by and with the advice of Her Privy Council, to order as follows:
PART 1
General
Citation, commencement, extent and application
1.—(1) This Order may cited as the European Union and European Atomic Energy Community (Immunities and Privileges) Order 2021.
(2) This Order comes into force on the day after the day on which it is made, or the day on which the Agreement enters into force for the United Kingdom, whichever is the later.
(3) This Order extends to England and Wales, Scotland and Northern Ireland.
(4) In Scotland, articles 3 to 36 of this Order do not apply in so far as they would, if included in an Act of Scottish Parliament, be within the legislative competence of that Parliament.
Interpretation
2. In this Order—
“Agreement” means the Agreement between the European Union, the European Atomic Energy Agency and the United Kingdom of Great Britain and Northern Ireland on the Establishment and the Privileges and Immunities of the Delegation of the European Union to the United Kingdom3;
“Archives” means official correspondence, documents, manuscripts, photographs, films, recordings, computer and media data, and any other similar material belonging to or held by the Delegation, and all other information contained therein on the territory of the United Kingdom;
“Delegation” means the European Union in so far as it and Euratom are represented externally in the United Kingdom in respect of their Official Activities;
“Diplomatic Agent” means, unless the context otherwise requires, the Head of the Delegation and those Staff Members who have been notified to the Foreign, Commonwealth and Development Office in accordance with Article 24 of the Agreement as carrying out diplomatic functions;
“Euratom” means the European Atomic Energy Agency;
“Family Members” means the following persons who form part of a Staff Member’s household in the United Kingdom and have been notified to the Foreign, Commonwealth and Development Office in accordance with Article 24 of the Agreement—
(a) a spouse or civil partner;
(b) children under 18 years of age;
(c) children aged between 18 and up to 25 years of age who are financially dependent on the Staff Member and are in full time education (course duration and attendance as defined by United Kingdom Home Office rules) at an educational establishment registered with the United Kingdom Government;
“Head of Delegation” means the head of the Delegation who has taken up their functions in accordance with Article 3 of the Agreement;
“High Representative” means the High Representative of the Union for Foreign and Security Policy as referred to in Articles 18 and 27 of the Treaty on European Union4and in Council Decision 2010/427/EUestablishing the organisation and functioning of the European Action Service5;
“Official Activities” means all activities undertaken by Staff Members representing the European Union and Euratom pursuant to the Treaty on European Union, Treaty on the Functioning of the European Union6and the Treaty establishing the European Atomic Energy Community7, as well as the acts adopted thereunder, and in establishing and running the Delegation to fulfil that role;
“Official Correspondence” means all correspondence of the Delegation relating to its Official Activities;
“Premises” means the building(s), parts of building(s) and land or facilities ancillary thereto, including installations owned, made available to, maintained, occupied or used by the Delegation in the United Kingdom on a permanent or temporary basis, in order to carry out its Official Activities, subject as necessary to the Secretary of State consent;
“Staff Members” means the Head of Delegation, the Diplomatic Agents and the other members of the staff of the Delegation, who have been appointed by the European Union and notified to the Foreign Commonwealth and Development Office in accordance with Article 24 of the Agreement.
PART 2
The European Union and Euratom
Legal personality
3. The European Union and Euratom shall each have the legal capacities of a body corporate.
Immunity from jurisdiction
4. Within the scope of the Delegation’s Official Activities, the European Union and Euratom shall have immunity from criminal, civil and administrative jurisdiction in the United Kingdom.
Inviolability of the premises
5.—(1) The Premises shall be inviolable.
(2) Any person having the authority to enter any place under any legal provision shall not exercise that authority in respect of the Premises unless permission to do so has been given by the Head of Delegation or by another designated Staff Member acting on behalf of the Head of the Delegation.
(3) For the purpose of paragraph (2), permission may be presumed in the event of fire or other emergencies requiring prompt protective action.
(4) Any person who has entered the Premises with the presumed permission of the Head of Delegation or other designated Staff Member shall, if so requested by the Head of Delegation or other designated Staff Member, leave the Premises immediately.
Inviolability of archives
6. The Archives of the Delegation shall be inviolable.
Immunity of property
7. The property and assets of the Delegation, wheresoever located in the United Kingdom and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation and any other form of interference or taking or foreclosure by executive or legislative action.
Taxes and duty
8. The Delegation shall be exempt from all direct taxation on its assets, property, income, gains, operations and transactions, except in respect of charges for necessary public services, including fire protection and street lighting.
9. The Delegation shall have relief under arrangements made by the Commissioners for Her Majesty’s Revenue and Customs by way of refund on value added tax paid on the purchase of any goods or services which are of substantial value and which are used for official purposes of the Delegation and which are strictly necessary for the exercise of the Delegation’s Official Activities.
10. The Delegation shall have relief under arrangements made by the Commissioners for Her Majesty’s Revenue and Customs by way of refund on insurance premium tax, paid in the course of activities in pursuit of the Delegation’s official purposes and which activities are strictly necessary for the exercise of the Delegation’s Official Activities.
11. The Delegation shall have relief under arrangements made by the Commissioners for Her Majesty’s Revenue and Customs by way of refund of duty (whether customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 19798) or value added tax paid on the importation of such oil which is bought in the United Kingdom and which is used for the official purposes of the Delegation, and which is strictly necessary for its Official Activities.
12.—(1) The Delegation shall have relief under arrangements made by the Commissioners for Her Majesty’s Revenue and Customs from all import and export duties and taxes and from all import or export prohibitions and restrictions on goods (including publications), materials and equipment imported or exported by the Delegation, which are necessary for the exercise of its Official Activities.
(2) If the Delegation sells or gives away the goods, materials or equipment imported with relief from duties and taxes under the terms of paragraph (1), it shall provide the Commissioners for Her Majesty’s Revenue and Customs with the respective import declarations and pay the applicable taxes and duties.
(3) In paragraph (2) the value of the goods, materials or equipment to be declared is the value of such goods, materials and equipment at the time of their disposal.
13. The exemptions and reliefs granted in articles 8 to12 of this Order are to be subject to compliance with such conditions as the Commissioners for Her Majesty’s Revenue and Customs may prescribe for the protection of the Revenue.
PART 3
Staff Members, Diplomatic Agents and their Family Members
Immunity from jurisdiction
14.—(1) Staff Members who discharge their functions in the United Kingdom shall enjoy immunity from criminal, civil and administrative jurisdiction in respect of the exercise of their functions within the scope of Official Activities during their appointment to the Delegation.
(2) The...
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