Article 28
Interpretation and Application
(a) Staff rules and regulations; and
(b) Financial regulations for the application of the provisions of
Part III.
Any question of interpretation or application of the provisions of the
Charter shall be submitted to the Board for decision.
3. In the event of a conflict between this Charter and the
Regulations, or Rules made thereunder, this Charter shall
prevail.
Article 29
Settlement of Disputes
In the case of a dispute arising out of the application and
interpretation of this Charter, such dispute shall be submitted to the
COMESA Court of Justice for adjudication pursuant to Article 23(1)
of the Treaty.
Article 26
Supremacy of the Treaty
In the event of a conflict between this Charter and the Treaty, the
provisions of the Treaty shall prevail.
Article 30
Privileges and Immunities
Article 27
1. After the entry into force of this Charter, any immunities and
privileges extended to the Agency by the Government of the
Arab Republic of Egypt prior to the entry into force of this Charter
shall continue to be extended to the Agency.
Amendment of the Charter
1. This Charter may be amended by the Council, on the
recommendation of the Board, through the Secretary-General, in
such manner as is prescribed in the Treaty with regards to the
decision making process of Council.
2. Where necessary, the Executive Director shall enter into such
additional agreements with the Government of the Arab Republic
of Egypt relating to the privileges and immunities to be enjoyed
by the Agency, the Executive Director and other eligible staff of
the Agency.
2. When an amendment has been adopted, the Secretary-General
shall certify it in a formal communication addressed to all
Member States. Amendments shall enter into force three
calendar months after the date on which such communication is
issued, unless Council specifies a different period.
3. While on official mission to Member States, the Board Members,
the Executive Director and other eligible staff shall enjoy the
same privileges and immunities as are enjoyed by officials of
COMESA.
For this purpose, the Member States hereby
undertake, in their respective jurisdictions, to extend the
application of the appropriate privileges and immunities
accordingly.
43