Protocol on the legal capacity, privileges and immunities of the European Free Trade Association

The Protocol, signed on 28 July 1960, regulates legal capacity, privileges and immunities of the European Free Trade Association.

The European Free Trade Association shall possess juridical personality (Article 1) and it shall enjoy immunity from every form of legal process except in so far as in any particular case it has expressly waived its immunity (Article 2).

Officers shall enjoy immunity from legal process in respect of words spoken or written and all acts done by them in the course of the performance of official duties. This immunity shall continue notwithstanding that the person concerned has ceased to be an officer of the Association (Article 13). The Head of the Secretariat of the Association shall be accorded in respect of himself, his spouse and minor children the privileges and immunities normally accorded to heads of diplomatic missions in accordance with international law (Article 14).

Experts shall enjoy in respect of words spoken or written and all acts done by them in the course of the performance of official duties, the same immunity from legal process of every kind as is accorded to a diplomatic envoy in accordance with international law. This immunity shall continue notwithstanding that the person concerned has ceased to be employed on a mission on behalf of the Association (Article 15).

Privileges and immunities are granted to officers and experts in the interests of the Association and not for the personal benefit of the individuals themselves. The Head of the Secretariat of the Association, acting on behalf of the Association, shall have the right, and is under a duty, to waive the immunity of any officer or expert in any case where, in his opinion, the immunity would impede the course of justice and could be waived without prejudice to the interests of the Association. In the case of the Head of the Secretariat of the Association, the decision to waive
immunity shall be taken by the Council (Article 16).

If any State party to this Protocol considers that there has been an abuse of a privilege or immunity conferred by this Protocol, consultations shall be held between that State and the Association to determine whether any such abuse has occurred, and, if so, to ensure that no repetition occurs. A State which considers that any person has abused any privilege or immunity granted to him under this Protocol may require him to leave its territory (Article 18).