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ANNEX XL

COMMUNITY DECLARATION ON PROTOCOL 3

PROTOCOL 3 IS A MULTILATERAL ACT FROM THE POINT OF VIEW OF INTERNATIONAL LAW . HOWEVER , ANY SPECIFIC PROBLEMS THAT MAY ARISE IN THE HOST STATE REGARDING THE APPLICATION OF PROTOCOL 3 SHOULD BE SETTLED BY BILATERAL AGREEMENT WITH THAT STATE .

THE COMMUNITY HAS NOTED THE ACP STATES' REQUESTS THAT CERTAIN PROVISIONS OF PROTOCOL 3 BE MODIFIED , NOTABLY AS REGARDS THE STATUS OF THE STAFF OF THE ACP SECRETARIAT .

THE COMMUNITY IS WILLING TO SEEK JOINTLY APPROPRIATE SOLUTIONS IN RESPECT OF THE ACP STATES' REQUESTS WITH A VIEW TO ESTABLISHING A SEPARATE LEGAL INSTRUMENT AS REFERRED TO ABOVE .

IN THIS CONTEXT , THE HOST COUNTRY WILL , WITHOUT DEROGATING FROM THE PRESENT BENEFITS ENJOYED BY THE ACP SECRETARIAT AND ITS STAFF :

1 . SHOW UNDERSTANDING AS REGARDS THE INTERPRETATION OF THE EXPRESSION " STAFF OF SENIOR RANK " , SUCH AN INTERPRETATION TO BE ARRIVED AT BY MUTUAL AGREEMENT ;

2 . RECOGNIZE THE POWERS DELEGATED BY THE PRESIDENT OF THE COUNCIL OF ACP MINISTERS TO THE CHAIRMAN OF THE COMMITTEE OF ACP AMBASSADORS , IN ORDER TO SIMPLIFY IMPLEMENTATION OF ARTICLE 9 OF THAT PROTOCOL ;

3 . AGREE TO GRANT CERTAIN FACILITIES TO THE STAFF OF THE ACP SECRETARIAT TO FACILITATE INITIAL INSTALLATION IN THE HOST COUNTRY ;

4 . EXAMINE IN AN APPROPRIATE WAY TAX-RELATED QUESTIONS CONCERNING THE ACP SECRETARIAT AND ITS STAFF .