Privileges and immunities
1. The privileges and immunities of the Chief Executive and the Agency's staff are provided for in the Decision of the Representatives of the Governments of the Member States, meeting within the Council, on the privileges and immunities granted to the European Defence Agency and to its staff members, of 10 November 2004.
Pending the entry into force of that Decision, the host State may grant to the Chief Executive and the Agency's staff the privileges and immunities provided therein.
2. The privileges and immunities of the Agency are those provided for in Protocol No 7.
3. In particular, the second paragraph of Article 3 of Protocol No 7 applies to activities where the role of the Agency in administering projects or programmes in support of Member States brings an added value, and not to cases where that role merely entails goods or services being procured for the Member States.
Review clause
Within five years of entry into force of this Decision, the Head of the Agency shall present a report to the Steering Board on the implementation of this Decision, with a view to its possible review by the Council.
Legal liability
1. The contractual liability of the Agency shall be governed by the law applicable to the contract concerned.
2. The Court of Justice of the European Union shall have jurisdiction pursuant to any arbitration clause contained in a contract concluded by the Agency.
3. The personal liability of staff towards the Agency shall be governed by the relevant rules applying to the Agency.
Access to documents
The rules laid down in Regulation (EC) No 1049/2001 shall apply to documents held by the Agency.
Data protection
The rules laid down in Regulation (EC) No 45/2001 shall apply to the processing of personal data by the Agency.
The Steering Board, upon a proposal by the Head of the Agency, shall adopt implementing rules as necessary.
Security
1. The Agency shall apply the Council's security regulations as set out in Council Decision 2013/488/EU ( 11 ) .
2. The Agency shall ensure appropriate security in its external communications.
Language Regime
The language regime of the Agency shall be established by the Council, acting by unanimity.
Repeal
Decision 2011/411/CFSP is repealed.
References to the repealed Decision shall be construed as references to this Decision and shall be read in accordance with the correlation table in Annex II.
Entry into force
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union .
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.