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| titel | bwb_id | type | status | datum_inwerkingtreding | bron | citeertitel |
|---|---|---|---|---|---|---|
| Verdrag tussen het Koninkrijk der Nederlanden en Oekraïne inzake de voorrechten en immuniteiten van verbindingsofficieren die door Oekraïne bij Europol gedetacheerd worden | BWBV0006929 | verdrag | geldend | 2022-08-01 | https://wetten.overheid.nl/BWBV0006929 | Verdrag tussen het Koninkrijk der Nederlanden en Oekraïne inzake de voorrechten en immuniteiten van verbindingsofficieren die door Oekraïne bij Europol gedetacheerd worden |
Verdrag tussen het Koninkrijk der Nederlanden en Oekraïne inzake de voorrechten en immuniteiten van verbindingsofficieren die door Oekraïne bij Europol gedetacheerd worden
Artikel 1
For the needs of this Agreement:
a) a) “Liaison officer” shall mean any official seconded by Ukraine to the headquarters of Europol in accordance with Article 8 of Regulation (EU) 2016/794 of 11 May 2016; b) b) “Government” shall mean the Government of the Kingdom of the Netherlands; c) c) “authorities of the Host State” shall mean those State, municipal and other authorities of the Kingdom of the Netherlands appearing in the context of and in accordance with the application of laws and customs of the Kingdom of the Netherlands; d) d) “Seconding State” shall mean Ukraine; e) e) “archives of the Liaison officer” shall mean all written records, correspondence, documented records, computers and media data, photographs, films, video and music recordings belonging to or possessed by the Liaison officer, and any other similar material which according to the unanimous opinion of the Seconding State and the Government constitutes a part of the archives of the Liaison officer; f) f) “family member(s) belonging to the household” shall mean the person(s) defined as such in the Protocol Guide of the Kingdom of the Netherlands in accordance with the Vienna Convention; g) g) “Vienna Convention” shall mean the Vienna Convention on Diplomatic Relations, concluded at Vienna on 18 April 1961.
Artikel 2
1. In accordance with the provisions of this Agreement, the Liaison officer and the family members belonging to the household, and who are not nationals of the Kingdom of the Netherlands and who do not have permanent residence in the territory of the Kingdom of the Netherlands, shall enjoy in and vis-à-vis the Kingdom of the Netherlands the same privileges and immunities as accorded to diplomatic agents of the diplomatic missions in accordance with the Vienna Convention.
2.
The immunities granted to the persons mentioned in paragraph 1 of this Article shall not be applicable in regard of:
(i) (i) any civil action by a third party for damages, including personal injury or death, arising from a traffic accident caused by a motor vehicle belonging to or driven by any such person (without prejudice to Regulation (EU) 2016/794 of 11 May 2016); or (ii) (ii) criminal and civil jurisdiction over actions committed outside the limits of performing their official duties.
3. The obligations of sending States and their personnel that apply under the Vienna Convention to members of the diplomatic staff, shall apply to the Seconding State and the persons referred to in paragraph 1 of this Article.
Artikel 3
1. The Government shall facilitate, if necessary, the entrance, stay and departure of Liaison officers and family members belonging to their household.
2. This Article shall not prevent the requirement of reasonable evidence to establish that the persons claiming the treatment under this Article are truly the persons referred to in paragraph 1 of this Article.
3. The visas which may be necessary for the persons referred to in this Article shall be issued without any compensation in the shortest possible period.
Artikel 4
1. Without prejudice to the applicable rules of the European Union with regard to citizens of a member state of the European Union, the European Economic Area, or Switzerland, or their family members, family members belonging to the household of the Liaison officer shall be exempt from the obligation of obtaining a work permit for the duration of the secondment of the Liaison officer.
2. Family members belonging to the household of the Liaison officer who obtain gainful employment shall enjoy no immunity from criminal, civil or administrative jurisdiction in the Netherlands with respect to matters arising in the course of or in connection with such employment.
Artikel 5
The archives of the Liaison officer, regardless of their location and the fact in whose possession they are, shall be inviolable.
Artikel 6
The authorities of the Host State shall, if this has been requested by the Seconding State, take all reasonable steps in accordance with its national legislation, in order to ensure the necessary safety and protection of both the Liaison officer and the family members belonging to the household in case their security is endangered due to the performance of tasks of the Liaison officer at Europol.
Artikel 7
1. The Government shall permit the Liaison officer to communicate freely and without the need for special permission, for all official purposes, and shall protect the right of the Liaison officer to do so. The Liaison officer shall have the right to use codes and to send and receive official correspondence, and other types of communication service via courier or sealed shipments that are subject to the same privileges and immunities provided to diplomatic couriers and diplomatic bags.
2. The Liaison officer shall, as long as it is compatible with the Constitution and Convention of the International Telecommunication Union, concluded at Geneva on 22 December 1992, for his/her official communications enjoy treatment not less favourable than that which the Kingdom of the Netherlands accords to other international organisations or governments, in conjunction with the use of communication via e-mail, telegraph, telex, radio-television, fax, telephone, satellite or otherwise.
Artikel 8
1. The Seconding State shall promptly and accurately notify the Government with regard to the following: name and surname of the Liaison officer, the date of his/her arrival and final departure or the termination of his/her mandate, the arrival and final departure of family members belonging to the household and, where applicable, the fact that a person has ceased to be a part of the household of the Liaison officer.
2. The Government shall issue to the Liaison officer and family members belonging to the household ID cards (identification cards) which shall contain a photo of the cardholder. This card shall serve to identify its holder in relation to the authorities of the Host State.
Artikel 9
1. Any dispute between the Seconding State and the Government concerning the interpretation or application of this Agreement, or any question affecting the Liaison officer or the relationship between the Seconding State and the Government, shall be settled between the Contracting Parties through negotiations.
2. Any dispute referred to in paragraph 1, which cannot be settled through negotiations, shall be referred for final decision to a tribunal of three arbitrators, at the request of the Seconding State or the Government. Each Contracting Party shall appoint one arbitrator. The third, who shall be chairman of the tribunal, is to be chosen by the first two arbitrators.
3. If one of the Contracting Parties fails to appoint an arbitrator within two months following a request from the other Contracting Party to make such an appointment, the other Contracting Party may request the President of the Court of Justice of the European Communities or in his absence the Vice-President, to make such an appointment.
4. Should the first two arbitrators fail to agree upon the third within two months following their appointment, either Contracting Party may request the President of the Court of Justice of the European Communities, or in his absence the Vice-President, to make such appointment.
5. Unless the Contracting Parties agree otherwise, the tribunal shall determine its own procedure.
6. The tribunal shall reach its decision by a majority of votes. The Chairman shall have a casting vote. The decision shall be final and binding on the parties to the dispute.
Artikel 10
In view of the territory of the Kingdom of the Netherlands, this Agreement shall apply exclusively to the part of the Kingdom situated in Europe.
Artikel 11
1. This Agreement, with the exception of Article 9, paragraphs 2 to 6, shall be applied provisionally from the date of signature.
2. The Agreement shall enter into force on the first day of the first month following the date of receipt of the last written notification, through diplomatic channels, through which the Contracting Parties shall notify each other that their respective internal procedures necessary for its entry into force have been complied with.