Advanced Search

Approves Additional Protocol Relating To The Establishment Of The Headquarters Of The Community Of Portuguese Language Countries In Portugal, Signed In Lisbon On 26 March 2007

Original Language Title: Aprova Protocolo Adicional Referente ao Estabelecimento da Sede da Comunidade dos Países de Língua Portuguesa em Portugal, assinado em Lisboa em 26 de Março de 2007

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

MOTION FOR RESOLUTION No. 53 /X

The Conference of Heads of State and Government has approved the establishment of the Community

of the Portuguese-speaking Countries, hereinafter referred to as the CPLP, through the Declaration

Constitutive of July 17, 1996.

The Portuguese Government has committed itself to providing the CPLP with all the necessary facilities

to its proper functioning.

Having present the Agreement between the Portuguese Government and the CPLP Referent to the

Establishment of the Community Seat in Portugal, signed in Lisbon, in 3 of

July 1998.

The said Sede Agreement between the Portuguese State and the CPLP does not provide for existence

nor the status of diplomatic Messions and their representatives to the Community.

The creation of diplomatic Messions with the CPLP, by the member states, has as

purpose to deal directly and exclusively with the matters relating to the Community,

promoting its objectives and enhancing its functioning and which will represent the

valorisation of an organisation that Portugal hosted on its territory with the

commitment to provide all the facilities necessary for the respective operation and

to the pursuit of its purposes, the Portuguese Republic and the Community of the Countries of

Portuguese Language have signed an Additional Protocol to the said Sede Agreement.

This Additional Protocol will contribute to the development of friendly relations

among the member states of the CPLP, regardless of the diversity of its

constitutional and social regimes.

Through this Additional Protocol, the Parties shall adopt a legal basis appropriate to the

existence of the said diplomatic Messions, as well as the equiparation of the statute

of these Missions to the conferred to the diplomatic Missions accredited to the State

Portuguese, including diplomatic privileges and immunities, in the framework of the Convention

of Vienna on Diplomatic Relations, approved by the Decree-Law No. 48295, of 27 of

March 1968.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a Resolution:

Approve the Additional Protocol Regarding the Establishment of the Community Seat

of the Portuguese-speaking Countries in Portugal, signed in Lisbon, on March 26-

2007, whose authenticated version in the Portuguese language is published in annex.

Seen and approved in Council of Ministers of April 5, 2007

The Prime Minister

The Minister of State and Foreign Affairs

The Minister of the Presidency

The Minister of Parliamentary Affairs

ADDITIONAL PROTOCOL REGARDING THE ESTABLISHMENT OF THE

HOME OF THE COMMUNITY OF PORTUGUESE SPEAKING COUNTRIES IN

PORTUGAL

The Portuguese Republic and the Community of Portuguese-speaking Countries, hereafter

designated by "Parties",

Having attended that the Conference of Heads of State and Government approved the

creation of the Community of Portuguese-speaking Countries, hereinafter referred to as CPLP,

through the Constitutive Declaration of July 17, 1996, and that the Portuguese Government

has committed itself to providing you with all the necessary facilities to your good

functioning;

Recalling the Agreement between the Portuguese Government and the CPLP Referent to the

Establishment of the Community Seat in Portugal, signed in Lisbon, in 3 of

July 1998;

Considering that the creation by the States Party of diplomatic Messions to the CPLP

will have the aim to deal directly and exclusively with the matters relating to the

Community, promoting its objectives and enhancing its functioning;

Recognizing that the creation of diplomatic Messions represents a valorisation of

an organisation that Portugal has welcomed into its territory with the commitment to provide

all the facilities necessary for the respective operation and the pursuit of their

purposes of undeniable importance;

Considering that the Sebetween Agreement between the Portuguese State and the CPLP does not provide for

existence nor the status of diplomatic Messions and their representatives from the

Community;

Affirming the need to adopt a legal basis appropriate to the existence of the said

Diplomatic missions, as well as to equip the status of these Missions to the conferred

to diplomatic Messions accredited to the Portuguese State;

Persuadings that the present Additional Protocol will contribute to the development of

friendly relations between the member states of the CPLP, regardless of the

diversity of their constitutional and social regimes;

Recognizing that the purpose of the privileges and immunities conferred by the present

Additional Protocol aims to ensure the effective performance of the functions of the Missions

diplomatic with the CPLP, as the quality of representatives of the respective States

members;

They agree on the following:

Article 1.

Representation of the State

The representatives and diplomatic Messions of the member states to the CPLP

enjoy the same diplomatic status conferred on accredited diplomatic Missions

with the Portuguese State, specifically with regard to the privileges and

diplomatic implants, in the framework of the Vienna Convention on Relations

Diplomatic, approved by the Decree-Law No. 48295 of March 27, 1968.

Article 2.

Entry into force

This Protocol shall enter into force on the date of receipt of the last notification, by

written and by diplomatic track, of which the requirements of law of the Parties have been met

necessary for the purpose.

Article 3.

Production of effects

The present Protocol shall produce its effects from the January 1, 2007.

Done at Lisbon, on March 26, 2007, in two exemplars in Portuguese language.

By the Portuguese Republic

Louis Amado

Minister of State and Business

Foreigners

By the Community of Countries of Language

Portuguese

Luís de Matos Monteiro da Fonseca

Executive Secretary of CPLP