[2001.] Criminal Justice (Theft and Fraud Offences) Act, 2001. [No. 50.] damage the financial interests of the European Communities involv- Sch.4 ing Community officials or officials of other Member States; CONVINCED also that such adaptation of national law should not be confined, in respect of Community officials, to acts of active or passive corruption, but should be extended to other crimes affecting or likely to affect the revenue or expenditure of the European Communities, including crimes committed by or against persons in whom the highest responsibilities are vested; CONSIDERING that appropriate rules should also be laid down on jurisdiction and mutual cooperation, without prejudice to the legal conditions under which they are to apply in specific cases, including waiver of immunity where appropriate; CONSIDERING finally that the relevant provisions of the Convention on the protection of the European Communities’ financial interests of 26 July 1995 should be made applicable to the criminal acts covered by this Protocol, HAVE AGREED ON THE FOLLOWING PROVISIONS: Article 1 Definitions For the purposes of this Protocol: 1. (a) ‘official’ shall mean any ‘Community’ or ‘national’ official, including any national official of another Member State; (b) the term ‘Community official’ shall mean: — any person who is an official or other contracted employee within the meaning of the Staff Regulations of officials of the European Communities or the Conditions of employment of other servants of the European Communities, — any person seconded to the European Communities by the Member States or by any public or private body, who carries out functions equivalent to those performed by European Community officials or other servants. Members of bodies set up in accordance with the Treaties establishing the European Communities and the staff of such bodies shall be treated as Community officials, inasmuch as the Staff Regulations of the European Communities or the Conditions of employment of other servants of the European Communities do not apply to them; (c) the term ‘national official’ shall be understood by reference to the definition of ‘official’ or ‘public officer’ in the national law of the Member State in which the person in question performs that function for the purposes of application of the criminal law of that Member State. Nevertheless, in the case of proceedings involving a Member State’s official initiated by another Member State the latter shall not be bound to apply the definition 61