Common use of Privileges and Immunities of the Clause in Contracts

Privileges and Immunities of the. members of the team 1. The privileges and immunities granted to the members of the team of the Agency aim at ensuring successful exercise of their official functions in the course of the actions carried out in accordance with the Operational Plan on the territory of Montenegro. 2. Papers, correspondence and assets of members of the team shall be inviolable, except in case of measures of execution which are permitted pursuant to paragraph 7. 3. Members of the team shall enjoy immunity from the criminal jurisdiction of Montenegro in respect of the acts performed in the exercise of their official functions in the course of the actions carried out in accordance with the Operational Plan. In the event of an allegation of a criminal offence being committed by a member of the team, the Executive Director of the Agency and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the Executive Director of the Agency, after careful consideration of any representation made by the competent authority of the home Member State and the competent authorities of Montenegro, shall certify to the court whether the act in question was performed in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. Pending the certification by the Executive Director of the Agency, the Agency and the home Member State shall refrain from taking any measure likely to jeopardise possible subsequent criminal prosecution of the member of the team by the competent authorities of Montenegro. If the act was committed in the exercise of official functions, the proceeding shall not be initiated. If the act was not performed in the exercise of official functions, the proceeding may continue. The certification by the Executive Director of the Agency shall be binding upon the competent authorities of Montenegro. Privileges granted to members of the team and immunity from the criminal jurisdiction of Montenegro do not exempt them from the jurisdiction of the home Member State. The immunity of members of the team from the criminal, civil and administrative jurisdiction of Montenegro may be waived by the home Member State as the case may be. Such a waiver must always be an express waiver. 4. Members of the team shall enjoy immunity from the civil and administrative jurisdiction of Montenegro in respect of all acts performed by them in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. If any civil proceeding is instituted against members of the team before any Montenegro court, the Executive Director of the Agency and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the Executive Director of the Agency, after careful consideration of any representation made by the competent authority of the home Member State and the competent authorities of Montenegro, shall certify to the court whether the act in question was performed by Members of the team in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. If the act was performed in the exercise of official functions, the proceeding shall not be initiated. If the act was not performed in the exercise of official functions, the proceeding may continue. The certification by the Executive Director of the Agency shall be binding upon the jurisdiction of Montenegro. The initiation of proceedings by members of the team shall preclude them from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim. 5. Members of the team, who are witnesses, may be obliged by the competent Montenegrin authorities, with full respect to the provision of Articles 6.paragraphs 3 and 6.4, to provide evidence through a statement and in accordance with the Montenegrin procedural provisions. 6. In case of damage caused by a member of a team in the exercise of official functions in the course of the actions carried out in accordance with the Operational Plan, the Republic of Montenegro shall be liable for any damage. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed in the exercise of official functions by a member of the team from a participating Member State, the Republic of Montenegro may request, via the Executive Director of the Agency, that compensation be paid by the participating Member State concerned. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed in the exercise of official functions by a member of the team who is a staff member of the Agency, the Republic of Montenegro may request that compensation be paid by the Agency. In case of damage caused in Montenegro, due to force majeure, neither Montenegro nor the participating member state nor the Agency, shall hold any responsibility. 7. No measures of execution may be taken in respect of members of the team, except in the case where a civil proceeding not related to their official functions in the course of the actions carried out in accordance with the Operational Plan is instituted against them. Property of members of the team, which is certified by the Executive Director of the Agency to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgment, decision or order. In civil proceedings, members of the team shall not be subject to any restrictions on their personal liberty or to any other measures of constraint. 8. The immunity of members of the team from the jurisdiction of Montenegro shall not exempt them from the jurisdictions of the respective home Member States. 9. Members of the team shall, with respect to services rendered for the Agency, be exempt from social security provisions which may be in force in Montenegro. 10. Members of the team shall be exempt from any form of taxation in Montenegro on the salary and emoluments paid to them by the Agency or the home Member States, as well as on any income received from outside Montenegro. 11. Montenegro shall, in accordance with such laws and regulations as it may adopt, permit the entry of articles for the personal use of members of the team, and shall grant exemption from all customs duties, taxes, and related charges other than charges for storage, transport and similar services, in respect of such articles. Montenegro shall also allow the export of such articles. 12. The personal baggage of members of the team may be inspected only in cases of justified suspicions that it contains articles that are not for the personal use of members of the team, or articles whose import or export is prohibited by the law or subject to quarantine regulations of Montenegro. Inspection of such personal baggage shall be conducted only in the presence of member(s) of the team concerned or an authorised representative of the Agency.

Privileges and Immunities of the. members of the team 1. The privileges and immunities granted to the members of the team of the Agency aim at ensuring successful exercise of their official functions in the course of the actions carried out in accordance with the Operational Plan on the territory of Montenegro. 2. Papers, correspondence and assets of members of the team shall be inviolable, except in case of measures of execution which are permitted pursuant to paragraph 7. 32. Members of the team shall enjoy immunity from the criminal jurisdiction of Montenegro Bosnia and Herzegovina in respect of the acts activities performed in the exercise of their the official functions in the course of the actions carried out in accordance with the Operational Planoperational plan. In the event of an allegation of a criminal offence being committed by a member of the team, the Executive Director executive director of the Agency and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the Executive Director executive director of the Agency, after careful consideration of any representation made by the competent authority of the home Member State and the competent authorities of MontenegroBosnia and Herzegovina, shall act expeditiously and certify to the court whether the act in question was performed in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. Pending the certification by the Executive Director executive director of the Agency, the Agency and the home Member State shall refrain from taking any measure likely to jeopardise possible subsequent criminal prosecution of the member of the team by the competent authorities of MontenegroBosnia and Herzegovina. If the act was committed in the exercise of official functions, the proceeding shall not be initiated. If the act was not performed in the exercise of official functions, the proceeding may continue. The certification by the Executive Director of the Agency shall be binding upon the competent authorities of Montenegro. Privileges granted to members member of the team and shall benefit from immunity from the criminal jurisdiction of Montenegro do not exempt them from Bosnia and Herzegovina for the jurisdiction acts performed during and for the purpose of the home Member State. The immunity of members exercise of the team from official functions in the criminal, civil and administrative jurisdiction course of Montenegro may be waived by the home Member State as actions carried out in accordance with the case may be. Such a waiver must always be an express waiveroperational plan. 43. Members of the team shall enjoy immunity from the civil and administrative jurisdiction of Montenegro Bosnia and Herzegovina in respect of all acts performed by them in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. If any civil proceeding is instituted against members of the team before any Montenegro court, the Executive Director executive director of the Agency and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the Executive Director executive director of the Agency, after careful consideration of any representation made by the competent authority of the home Member State and the competent authorities of MontenegroBosnia and Herzegovina, shall act expeditiously and certify to the court whether the act in question was performed by Members of the team in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. If the act was performed in the exercise of official functions, the proceeding shall not be initiated. If the act was not performed in the exercise of official functions, the proceeding may continue. The certification by the Executive Director of the Agency shall be binding upon the jurisdiction of Montenegro. The initiation of proceedings by members member of the team shall preclude them benefit from invoking immunity from the civil and administrative jurisdiction of Bosnia and Herzegovina for the acts performed during and for the purpose of the exercise of the official functions in respect the course of any counter-claim directly connected the actions carried out in accordance with the principal claimoperational plan. 4. The immunity of members from the criminal, civil and administrative jurisdiction of Bosnia and Herzegovina may be waived by the home Member State as the case may be. Such a waiver must always be an express waiver. 5. Members of the team, who are witnesses, may be obliged by the competent Montenegrin authoritiesauthorities of Bosnia and Herzegovina, with full respect to the provision provisions of Articles 6.paragraphs 3 paragraphs 2 and 6.43, to provide evidence through a statement and in accordance with the Montenegrin procedural provisionsprovisions of Bosnia and Herzegovina. 6. In case of damage caused by a member of a team in the exercise of official functions in the course of the actions carried out in accordance with the Operational Planoperational plan, the Republic of Montenegro Bosnia and Herzegovina shall be liable for any damage. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed in the exercise of official functions by a member of the team from a participating Member State, the Republic of Montenegro Bosnia and Herzegovina may request, via the Executive Director of the Agencyexecutive director, that compensation be paid by the participating Member State concerned. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed in the exercise of official functions by a member of the team who is a staff member of the Agency, the Republic of Montenegro Bosnia and Herzegovina may request that compensation be paid by the Agency. In case of damage caused in MontenegroBosnia and Herzegovina, due to force majeure, neither Montenegro Bosnia and Herzegovina, nor the participating member state Member State, nor the Agency, shall hold any responsibility. 7. No measures of execution may be taken in respect of members of the team, except in the case where a criminal or civil proceeding not related to their official functions in the course of the actions carried out in accordance with the Operational Plan is instituted against them. Property of members of the team, which is certified by the Executive Director executive director of the Agency to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgment, decision or order. In civil proceedings, members of the team shall not be subject to any restrictions on their personal liberty or to any other measures of constraint. 8. The immunity of members of the team from the jurisdiction of Montenegro Bosnia and Herzegovina shall not exempt them from the jurisdictions of the respective home Member States. 9. Members of the team shall, with respect to services rendered for the Agency, be exempt from social security provisions which may be in force in MontenegroBosnia and Herzegovina. 10. Members of the team shall be exempt from any form of taxation in Montenegro Bosnia and Herzegovina on the salary and emoluments paid to them by the Agency or the home Member States, as well as on any income received from outside MontenegroBosnia and Herzegovina. 11. Montenegro Bosnia and Herzegovina shall, in accordance with such laws and regulations as it may adopt, permit the entry of articles for the personal use of members of the team, and shall grant exemption from all customs duties, taxes, and related other duties or charges applicable to the import of goods other than charges for storage, transport and similar services, in respect of such articles. Montenegro Bosnia and Herzegovina shall also allow the export of such articles. 12. The personal baggage of members of the team may be inspected only in cases of justified suspicions that it contains articles that are not for the personal use of members of the team, or articles whose import or export is prohibited by the law or subject to quarantine regulations of MontenegroBosnia and Herzegovina. Inspection of such personal baggage shall be conducted only in the presence of the member(s) of the team concerned or an authorised representative of the Agency.

Privileges and Immunities of the. members of the team 1. The privileges and immunities granted to the members Members of the team shall not be subject to any form of the Agency aim at ensuring successful exercise of their official functions in the course of the actions carried out in accordance with the Operational Plan on the territory of Montenegroarrest or detention. 2. Papers, correspondence and assets of members of the team shall be inviolable, except in case of measures of execution which are permitted pursuant to paragraph 76. 3. Members of the team shall enjoy immunity from the criminal jurisdiction of Montenegro in respect of the acts performed in the exercise of their official functions in the course of the actions carried out in accordance with the Operational Plan. In the event of an allegation of a criminal offence being committed by a member of the team, the Executive Director of the Agency and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the Executive Director of the Agency, after careful consideration of any representation made by the competent authority of the home Member State and the competent authorities of Montenegro, shall certify to the court whether the act in question was performed in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. Pending the certification by the Executive Director of the Agency, the Agency and the home Member State shall refrain from taking any measure likely to jeopardise possible subsequent criminal prosecution of the member of the team by the competent authorities of Montenegro. If the act was committed in the exercise of official functions, the proceeding shall not be initiated. If the act was not performed in the exercise of official functions, the proceeding may continue. The certification by the Executive Director of the Agency shall be binding upon the competent authorities of Montenegro[third country] under all circumstances. Privileges granted to members of the team and immunity from the criminal jurisdiction of Montenegro [third country] do not exempt them from the jurisdiction of the home Member State. The State .The immunity of members of the team from the criminal, civil and administrative criminal jurisdiction of Montenegro [third country] may be waived by the home Member State as the case may be. Such a waiver must always be an express waiver. 4. Members of the team shall enjoy immunity from the civil and administrative jurisdiction of Montenegro [third country] in respect of all acts performed by them in the exercise of their official functions in the course of the actions carried out in accordance with the operational planfunctions. If any civil proceeding is instituted against members of the team before any Montenegro [third country] court, the Executive Director of the Agency and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the Executive Director of the Agency, after careful consideration of any representation made by Agency and the competent authority of the home Member State and the competent authorities of Montenegro, shall certify to the court whether the act in question was performed by Members of the team in the exercise of their official functions in the course of the actions carried out in accordance with the operational planfunctions. If the act was performed in the exercise of official functions, the proceeding shall not be initiated. If the act was not performed in the exercise of official functions, the proceeding may continue. The certification by the Executive Director of the Agency and the competent authority of the home Member State shall be binding upon the jurisdiction of Montenegro[third country] which may not contest it. The initiation of proceedings by members of the team shall preclude them from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim. 5. Members of the team, who are witnesses, may team shall not be obliged by the competent Montenegrin authorities, with full respect to the provision of Articles 6.paragraphs 3 and 6.4, to provide give evidence through a statement and in accordance with the Montenegrin procedural provisionsas witnesses. 6. In case of damage caused by a member of a team in the exercise of official functions in the course of the actions carried out in accordance with the Operational Plan, the Republic of Montenegro shall be liable for any damage. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed in the exercise of official functions by a member of the team from a participating Member State, the Republic of Montenegro may request, via the Executive Director of the Agency, that compensation be paid by the participating Member State concerned. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed in the exercise of official functions by a member of the team who is a staff member of the Agency, the Republic of Montenegro may request that compensation be paid by the Agency. In case of damage caused in Montenegro, due to force majeure, neither Montenegro nor the participating member state nor the Agency, shall hold any responsibility. 7. No measures of execution may be taken in respect of members of the team, except in the case where a civil proceeding not related to their official functions in the course of the actions carried out in accordance with the Operational Plan is instituted against them. Property of members of the team, which is certified by the Executive Director of the Agency to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgment, decision or order. In civil proceedings, members of the team shall not be subject to any restrictions on their personal liberty or to any other measures of constraint. 87. The immunity of members of the team from the jurisdiction of Montenegro [third country] shall not exempt them from the jurisdictions of the respective home Member States. 98. Members of the team shall, with respect to services rendered for the Agency, be exempt from social security provisions which may be in force in Montenegro[third country]. 109. Members of the team shall be exempt from any form of taxation in Montenegro [third country] on the salary and emoluments paid to them by the Agency or the home Member States, as well as on any income received from outside Montenegro[third country]. 1110. Montenegro [Third country] shall, in accordance with such laws and regulations as it may adopt, permit the entry of articles for the personal use of members of the team, and shall grant exemption from all customs duties, taxes, and related charges other than charges for storage, transport and similar services, in respect of such articles. Montenegro [Third country] shall also allow the export of such articles. 1211. The personal baggage of members of the team may shall be inspected only in cases of justified suspicions exempt from inspection, unless there are serious grounds for considering that it contains articles that are not for the personal use of members of the team, or articles whose import or export is prohibited by the law or subject to quarantine regulations of Montenegro[third country]. Inspection of such personal baggage shall be conducted only in the presence of member(s) members of the team concerned or an authorised representative of the Agency.

Privileges and Immunities of the. members of the team 1. The privileges and immunities granted to the members Members of the team shall not be subject to any form of the Agency aim at ensuring successful exercise of their official functions arrest or detention in the course Republic of the actions carried out in accordance with the Operational Plan on the territory of MontenegroSerbia. 2. Papers, correspondence and assets property of members of the team shall be inviolable, except in case of measures of execution which are permitted pursuant to paragraph 77 6. 3. Members of the team shall enjoy immunity from the criminal jurisdiction of Montenegro the Republic of Serbia in respect of the all acts performed by them in the exercise of their official functions in the course of the actions carried out in accordance with the Operational Planfunctions. In the event of an allegation of a criminal offence being committed by a member the members of the team, the Executive Director of the Agency and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the Executive Director of the Agency, after careful consideration of any representation made by Agency and the competent authority of the home Member State and the competent authorities of Montenegro, shall certify to the court whether the act in question was performed in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. Pending the certification by the Executive Director of the Agency, the Agency and the home Member State shall refrain from taking any measure likely to jeopardise possible subsequent criminal prosecution of the member of the team by the competent authorities of Montenegrofunctions. If the act was committed in the exercise of official functions, the proceeding proceedings shall not be initiated. If the act was not performed committed in the exercise of official functions, the proceeding proceedings may continue. The certification by the Executive Director of the Agency and the competent authority of the home Member State shall be binding upon the jurisdiction of the Republic of Serbia which may not contest it. Privileges 1. During the action, members of the team shall be treated in the same way as police officers of the Republic of Serbia in respect of all criminal offences that might be committed against or by them. 2. The Republic of Serbia may, upon examining all circumstances of a specific case, decide to transfer criminal proceedings to the competent authorities of Montenegrothe home Member State. 3. Privileges The Agency shall be held liable for any possible damage caused by members of the team while acting in the Republic of Serbia. granted to members of the team and immunity from the criminal jurisdiction of Montenegro the Republic of Serbia do not exempt them from the jurisdiction of the home Member State. The immunity of members of the team from the criminal, civil and administrative jurisdiction of Montenegro may be waived by the home Member State as the case may be. Such a waiver must always be an express waiver. 4. Members of the team shall enjoy immunity from the civil and administrative jurisdiction of Montenegro the Republic of Serbia in respect of all acts performed by them in the exercise of their official functions in the course of the actions carried out in accordance with the operational planfunctions. If any civil proceeding is instituted against members of the team before any Montenegro the Republic of Serbia court, the Executive Director of the Agency and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the Executive Director of the Agency, after careful consideration of any representation made by Agency and the competent authority of the home Member State and the competent authorities of Montenegro, shall certify to the court whether the act in question was performed by Members of the team in the exercise of their official functions in the course of the actions carried out in accordance with the operational planfunctions. If the act was performed in the exercise of official functions, the proceeding shall not be initiated. If the act was not performed in the exercise of official functions, the proceeding may continue. The certification by the Executive Director of the Agency and the competent authority of the home Member State shall be binding upon the jurisdiction of Montenegrothe Republic of Serbia which may not contest it. The initiation of proceedings by members of the team shall preclude them from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim. 5. Members The immunity of members of the teamteams from the criminal, who are witnesses, may be obliged by civil and administrative jurisdiction of the competent Montenegrin authorities, with full respect to the provision Republic of Articles 6.paragraphs 3 and 6.4, to provide evidence through a statement and Serbia in accordance with paragraphs 3 and 4 of this article may be waived by the Montenegrin procedural provisionshome Member State as the case may be. Such a waiver must always be an express waiver. 6. In case of damage caused by a member of a team in the exercise of official functions in the course of the actions carried out in accordance with the Operational Plan, the Republic of Montenegro shall be liable for any damage. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed in the exercise of official functions by a member Members of the team from a participating Member State, the Republic of Montenegro may request, via the Executive Director of the Agency, that compensation shall not be paid by the participating Member State concerned. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed in the exercise of official functions by a member of the team who is a staff member of the Agency, the Republic of Montenegro may request that compensation be paid by the Agency. In case of damage caused in Montenegro, due obliged to force majeure, neither Montenegro nor the participating member state nor the Agency, shall hold any responsibilitygive evidence as witnesses. 7. No measures of execution may be taken in respect of members of the team, except in the case where a criminal or civil proceeding not related to their official functions in the course of the actions carried out in accordance with the Operational Plan is instituted against them. Property of members of the team, which is certified by the Executive Director of the Agency to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgment, decision or order. In civil proceedings, members of the team shall not be subject to any restrictions on their personal liberty or to any other measures of constraint. 8. The immunity of members of the team from the jurisdiction of Montenegro the Republic of Serbia shall not exempt them from the jurisdictions of the respective home Member States. 9. Members of the team shall, with respect to services rendered for the Agency, be exempt from social security provisions which may be in force in Montenegrothe Republic of Serbia. 10. Members of the team shall be exempt from any form of taxation in Montenegro the Republic of Serbia on the salary and emoluments paid to them by the Agency or the home Member States, as well as on any income received from outside Montenegrothe Republic of Serbia. 11. Montenegro The Republic of Serbia shall, in accordance with such laws and regulations as it may adopt, permit the entry of articles for the personal use of members of the team, and shall grant exemption from all customs duties, taxes, and related charges other than charges for storage, transport and similar services, in respect of such articles. Montenegro the Republic of Serbia shall also allow the export of such articles. 12. The personal baggage bagage of members of the team may be inspected only in cases of justified suspicions that it contains articles that are not for the personal use of members of the team, or articles whose import or export is prohibited by the law or subject to quarantine regulations of Montenegrothe Republic of Serbia. Inspection of such personal baggage shall be conducted only in the presence of the member(s) of the team concerned or an authorised representative of the Agency.

Privileges and Immunities of the. members of the team 1. The privileges and immunities granted to the members of the team of the Agency aim at ensuring the successful exercise of their official functions in the course of the actions carried out in accordance with the Operational Plan operational plan on the territory of Montenegro. 2. Papers, correspondence and assets of members of the team shall be inviolable, except in case of measures of execution which are permitted pursuant to paragraph 78. 3. Members of the team shall enjoy immunity from the criminal jurisdiction of Montenegro in respect of the acts performed in the exercise of their official functions in the course of the actions carried out in accordance with the Operational Planoperational plan. In the event of an allegation of a criminal offence being committed by a member of the team, the Executive Director of the Agency executive director and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the Executive Director of the Agencyexecutive director, after careful consideration of any representation made by the competent authority of the home Member State and the competent authorities of Montenegro, shall certify to the court whether the act in question was performed in the exercise of their the member's official functions in the course of the actions carried out in accordance with the operational plan. Pending the certification by the Executive Director of the Agencyexecutive director, the Agency and the home Member State shall refrain from taking any measure likely to jeopardise possible subsequent criminal prosecution of the member of the team by the competent authorities of Montenegro. If Where the executive director certifies that the act was committed performed in the exercise of the official functionsfunctions of the member of the team in the course of the actions carried out in accordance with the operational plan, the proceeding shall not be initiated. If the executive director certifies that the act was not performed in the exercise of the official functionsfunctions of the member of the team, the proceeding may continuebe initiated. The certification by the Executive Director of the Agency executive director shall be binding upon the competent authorities of Montenegro. Privileges granted to members of the team and immunity from the criminal jurisdiction of Montenegro do not exempt them from the jurisdiction of the home Member State. The immunity of members of the team from the criminal, civil and administrative jurisdiction of Montenegro may be waived by the home Member State as the case may be. Such a waiver must always be an express waiver. 4. Members of the team shall enjoy immunity from the civil and administrative jurisdiction of Montenegro in respect of all acts performed by them in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. If any civil or administrative proceeding is instituted against members a member of the team before any Montenegro court, the Executive Director of the Agency executive director and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the Executive Director of the Agencyexecutive director, after careful consideration of any representation made by the competent authority of the home Member State and the competent authorities of Montenegro, shall certify to the court whether the act in question was performed by Members the member of the team in the exercise of their his official functions in the course of the actions carried out in accordance with the operational plan. If Where the executive director certifies that the act was performed in the exercise of the official functionsfunctions of the member of the team in the course of the actions carried out in accordance with the operational plan, the proceeding shall not be initiated. If the executive director certifies that the act was not performed in the exercise of the official functionsfunctions of the member of the team, the proceeding may continuebe initiated. The certification by the Executive Director of the Agency executive director shall be binding upon the jurisdiction of Montenegro. The initiation of civil or administrative proceedings by members of the team shall preclude them from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim. 5. The immunity of the members of the team from the criminal, civil and administrative jurisdiction of Montenegro may be waived by the home Member State as the case may be. Such a waiver shall always be an express waiver. 6. Members of the team, team who are witnesses, witnesses may be obliged by the competent Montenegrin authoritiesauthorities of Montenegro, with full respect to the provision of Articles 6.paragraphs while respecting paragraphs 3 and 6.44, to provide evidence through a statement and in accordance with the Montenegrin procedural provisionslaw of Montenegro. 67. In case of damage caused by a member of a the team in the exercise of the official functions in the course of the actions carried out in accordance with the Operational Planoperational plan, the Republic of Montenegro shall be liable for any damage. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed performed in the exercise of the official functions by a member of the team from a participating Member State, the Republic of Montenegro may request, via the Executive Director of the Agencyexecutive director, that compensation be paid by the participating Member State concerned. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed performed in the exercise of the official functions by a member of the team who is a staff member of the Agency, the Republic of Montenegro may request that compensation be paid by the Agency. In case of damage caused in Montenegro, due to force majeure, neither Montenegro Montenegro, nor the participating member state Member State, nor the Agency, Agency shall hold any responsibility. 78. No measures of execution may be taken in respect of members of the team, except in the case where a civil proceeding not related to their official functions held in the course of the actions carried out in accordance with the Operational Plan operational plan is instituted against them. Property of members of the team, which is certified by the Executive Director of the Agency executive director to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgment, decision or order. In civil proceedings, members of the team shall not be subject to any restrictions on their personal liberty or to any other measures of constraint. 89. The immunity of members of the team from the jurisdiction of Montenegro shall not exempt them from the jurisdictions of the respective home Member States. 910. Members of the team shall, with respect to services rendered for the Agency, be exempt from social security provisions which may be in force in Montenegro. 1011. Members of the team shall be exempt from any form of taxation in Montenegro on the salary and emoluments paid to them by the Agency or the home Member States, as well as on any income received from outside Montenegro. 1112. Montenegro shall, in accordance with such its laws and regulations as it may adoptregulations, permit the entry of articles for the personal use of members of the team, and shall grant exemption from all customs duties, taxes, and related charges other than charges for storage, transport and similar services, in respect of such articles. Montenegro shall also allow permit the export of such articles. 1213. The personal baggage of members of the team may be inspected only in cases of justified suspicions that it contains articles that are not for the personal use of members of the team, or articles whose import or export is prohibited by the law or subject to quarantine regulations of Montenegro. Inspection of such personal baggage shall be conducted only in the presence of the member(s) of the team concerned or an authorised representative of the Agency.

Privileges and Immunities of the. members of the team 1. The privileges and immunities granted to the members of the team of the Agency aim at ensuring successful exercise of their official functions in the course of the actions carried out in accordance with the Operational Plan on the territory of Montenegro. 2. Papers, correspondence and assets of members of the team shall be inviolable, except in case of measures of execution which are permitted pursuant to paragraph 7. 3. Members of the team shall enjoy immunity from the criminal jurisdiction of Montenegro in respect of the acts performed in the exercise of their official functions in the course of the actions carried out in accordance with the Operational Plan. In the event of an allegation of a criminal offence being committed by a member of the team, the Executive Director of the Agency and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the Executive Director of the Agency, after careful consideration of any representation made by the competent authority of the home Member State and the competent authorities of Montenegro, shall certify to the court whether the act in question was performed in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. Pending the certification by the Executive Director of the Agency, the Agency and the home Member State shall refrain from taking any measure likely to jeopardise possible subsequent criminal prosecution of the member of the team by the competent authorities of Montenegro. If the act was committed in the exercise of official functions, the proceeding shall not be initiated. If the act was not performed in the exercise of official functions, the proceeding may continue. The certification by the Executive Director of the Agency shall be binding upon the competent authorities of Montenegro. Privileges granted to members of the team and immunity from the criminal jurisdiction of Montenegro do not exempt them from the jurisdiction of the home Member State. The immunity of members of the team from the criminal, civil and administrative jurisdiction of Montenegro may be waived by the home Member State as the case may be. Such a waiver must always be an express waiver. 4. Members of the team shall enjoy immunity from the civil and administrative jurisdiction of Montenegro in respect of all acts performed by them in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. If any civil proceeding is instituted against members of the team before any Montenegro court, the Executive Director of the Agency and the competent authority of the home Member State shall be notified immediately. Prior to the initiation of the proceeding before the court, the Executive Director of the Agency, after careful consideration of any representation made by the competent authority of the home Member State and the competent authorities of Montenegro, shall certify to the court whether the act in question was performed by Members of the team in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. If the act was performed in the exercise of official functions, the proceeding shall not be initiated. If the act was not performed in the exercise of official functions, the proceeding may continue. The certification by the Executive Director of the Agency shall be binding upon the jurisdiction of Montenegro. The initiation of proceedings by members of the team shall preclude them from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim. 5. Members of the team, who are witnesses, may be obliged by the competent Montenegrin authorities, with full respect to the provision of Articles 6.paragraphs 3 7.3 and 6.47.4, to provide evidence through a statement and in accordance with the Montenegrin procedural provisions. 6. In case of damage caused by a member of a team in the exercise of official functions in the course of the actions carried out in accordance with the Operational Plan, the Republic of Montenegro shall be liable for any damage. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed in the exercise of official functions by a member of the team from a participating Member State, the Republic of Montenegro may request, via the Executive Director of the Agency, that compensation be paid by the participating Member State concerned. In case of damage caused by gross negligence or wilful misconduct or if the act was not committed in the exercise of official functions by a member of the team who is a staff member of the Agency, the Republic of Montenegro may request that compensation be paid by the Agency. In case of damage caused in Montenegro, due to force majeure, neither Montenegro nor the participating member state nor the Agency, shall hold any responsibility. 7. No measures of execution may be taken in respect of members of the team, except in the case where a civil proceeding not related to their official functions in the course of the actions carried out in accordance with the Operational Plan is instituted against them. Property of members of the team, which is certified by the Executive Director of the Agency to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgment, decision or order. In civil proceedings, members of the team shall not be subject to any restrictions on their personal liberty or to any other measures of constraint. 8. The immunity of members of the team from the jurisdiction of Montenegro shall not exempt them from the jurisdictions of the respective home Member States. 9. Members of the team shall, with respect to services rendered for the Agency, be exempt from social security provisions which may be in force in Montenegro. 10. Members of the team shall be exempt from any form of taxation in Montenegro on the salary and emoluments paid to them by the Agency or the home Member States, as well as on any income received from outside Montenegro. 11. Montenegro shall, in accordance with such laws and regulations as it may adopt, permit the entry of articles for the personal use of members of the team, and shall grant exemption from all customs duties, taxes, and related charges other than charges for storage, transport and similar services, in respect of such articles. Montenegro shall also allow the export of such articles. 12. The personal baggage of members of the team may be inspected only in cases of justified suspicions that it contains articles that are not for the personal use of members of the team, or articles whose import or export is prohibited by the law or subject to quarantine regulations of Montenegro. Inspection of such personal baggage shall be conducted only in the presence of member(s) of the team concerned or an authorised representative of the Agency.