Key Benefits:
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