ARTICLE 16 OF THE PROTOCOL ( THE FIRST PARAGRAPH OF ARTICLE 15 OF THE FORMER PROTOCOL ) PROVIDES THAT THE COUNCIL SHALL, ACTING ON A PROPOSAL FROM THE COMMISSION AND AFTER CONSULTING THE OTHER INSTITUTIONS CONCERNED, DETERMINE THE CATEGORIES OF OFFICIALS AND OTHER SERVANTS OF THE COMMISSION WHO ARE TO BE ENTITLED IN PARTICULAR TO IMMUNITY FROM LEGAL PROCEEDINGS AND THE DETERMINATION OF THESE CATEGORIES WAS EFFECTED BY REGULATION NO 8/63 EAEC AND NO 127/63 OF THE COUNCILS OF 3 DECEMBER 1963 .
ACCORDING TO THE TERMS OF ARTICLE 18 OF THE PROTOCOL ( ARTICLE 17 OF THE FORMER PROTOCOL ) PRIVILEGES, IMMUNITIES AND FACILITIES ARE TO BE ACCORDED TO OFFICIALS AND OTHER SERVANTS OF THE COMMUNITIES SOLELY IN THE INTERESTS OF THE COMMUNITIES .
IN THIS RESPECT THAT ARTICLE PROVIDES, IN THE SECOND PARAGRAPH, THAT THE INSTITUTIONS ARE TO BE REQUIRED TO WAIVE THE IMMUNITY ACCORDED TO AN OFFICIAL OR OTHER SERVANT UNDER ARTICLE 12(A ) OF THE PROTOCOL ( ARTICLE 11(A ) OF THE FORMER PROTOCOL ) WHEREVER THEY CONSIDER THAT THE WAIVER OF SUCH IMMUNITY IS NOT CONTRARY TO THE INTERESTS OF THE COMMUNITIES .
IT FOLLOWS FROM ALL THESE PROVISIONS READ TOGETHER THAT THE APPLICATION OF IMMUNITY FROM LEGAL PROCEEDINGS DEPENDS NOT ONLY ON THE CAPACITY OF THE PERSON CLAIMING IT BUT ALSO ON THE NATURE OF THE ACTIVITY BY VIRTUE OF WHICH IMMUNITY IS CLAIMED .
ACCORDING TO ARTICLE 12(A ) OF THE PROTOCOL ( ARTICLE 11(A ) OF THE FORMER PROTOCOL ) AN ACT PERFORMED BY AN OFFICIAL OR OTHER SERVANT DOES NOT GIVE RISE TO IMMUNITY FROM LEGAL PROCEEDINGS UNLESS IT WAS PERFORMED IN AN OFFICIAL CAPACITY, THAT IS TO SAY, WITHIN THE FRAMEWORK OF THE TASK ENTRUSTED TO THE COMMUNITY .
P . 402
IN EXCLUDING THE JURISDICTION OF THE NATIONAL COURTS OF MEMBER STATES, SUBJECT TO THE APPLICATION OF THE SECOND PARAGRAPH OF ARTICLE 18 OF THE PROTOCOL ( THE SECOND PARAGRAPH OF ARTICLE 17 OF THE FORMER PROTOCOL ) THE PROVISIONS REFERRED TO ABOVE ARE INTENDED TO ENSURE THAT THE OFFICIAL ACTIVITY OF THE COMMUNITY AND OF ITS SERVANTS IS SHIELDED FROM ANY EXAMINATION IN THE LIGHT OF ANY CRITERIA BASED ON THE DOMESTIC LAW OF MEMBER STATES, SO THAT SUCH ACTIVITY MAY BE CARRIED OUT IN FULL FREEDOM IN ACCORDANCE WITH THE TASK ENTRUSTED TO THE COMMUNITY .
THE IMMUNITY FROM LEGAL PROCEEDINGS CONFERRED ON OFFICIALS AND OTHER AGENTS OF THE COMMUNITY THUS ONLY COVERS ACTS WHICH, BY THEIR NATURE, REPRESENT A PARTICIPATION OF THE PERSON ENTITLED TO THE IMMUNITY IN THE PERFORMANCE OF THE TASKS OF THE INSTITUTION TO WHICH HE BELONGS .
ON THE OTHER HAND IT MATTERS LITTLE WHETHER IT IS A QUESTION OF THE ACTUAL EXERCISE OF ' NORMAL DUTIES OR THOSE PRESCRIBED UNDER THE STAFF REGULATIONS ', ONLY OF AN ACT PERFORMED ON THE OCCASION OF THE EXERCISE OF THOSE DUTIES IF THE POSITION IS THAT THE ACT IN QUESTION SERVES DIRECTLY FOR THE ACCOMPLISHMENT OF A COMMUNITY TASK IN THE SENSE DEFINED ABOVE