rijk/verdrag/overeenkomst-tussen-de-regering-van-het-koninkrijk-der-nederlanden-en-de-verenig/BWBV0006938

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Verenigde Naties betreffende de Negentiende Bijeenkomst van de Staten die partij zijn bij het Verdrag inzake het verbod van het gebruik, de aanleg van voorraden, de productie en de overdracht van anti-personeelmijnen en inzake de vernietiging van deze wapens	BWBV0006938	verdrag	geldend	2021-11-12	https://wetten.overheid.nl/BWBV0006938	Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Verenigde Naties betreffende de Negentiende Bijeenkomst van de Staten die partij zijn bij het Verdrag inzake het verbod van het gebruik, de aanleg van voorraden, de productie en de overdracht van anti-personeelmijnen en inzake de vernietiging van deze wapens

Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Verenigde Naties betreffende de Negentiende Bijeenkomst van de Staten die partij zijn bij het Verdrag inzake het verbod van het gebruik, de aanleg van voorraden, de productie en de overdracht van anti-personeelmijnen en inzake de vernietiging van deze wapens

Artikel I

1. The Nineteenth Meeting of the States Parties to the Convention (the “Meeting”) is scheduled to be held at the World Forum, The Hague, the Netherlands, from 15 to 19 November 2021.

2. In view of the ongoing COVID-19 pandemic and the exceptional need to contain the further spreading of the virus, the Meeting will be held in a hybrid format, with in-person participation and an online component in the form of remote participation through electronic means.

Artikel II

1.

In accordance with the provisions of the Convention and its rules of procedure, as contained in APLC/CONF/2009/3, the Meeting shall be open to participation and attendance by the following persons:

a) a) Representatives of the States Parties to the Convention; b) b) Representatives of States not Parties to the Convention; c) c) Representatives of the United Nations, including its Funds and Programmes; d) d) Representatives of specialized agencies and related organizations of the United Nations; e) e) Representatives of other relevant international organizations or institutions; f) f) Representatives of regional organizations; g) g) Representatives of the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies, the Sovereign Order of Malta, the International Campaign to Ban Landmines, and the Geneva International Centre for Humanitarian Demining; h) h) Representatives of relevant non-governmental organizations.

2. The final list of participants shall be produced by the United Nations pursuant to the applicable rules and procedures.

3. All expenses related to the participation in the Meeting of the aforementioned participants shall be borne by their respective sending States or organizations.

4. The Secretary-General of the United Nations shall designate the officials of the United Nations assigned to attend the Meeting for the purpose of servicing it.

5. The public sessions of the Meeting shall be open to representatives of the information media accredited to the Meeting at its discretion.

Artikel III

1. The Government shall provide at its own cost the necessary premises for the Meeting, currently the World Forum, The Hague, and such conference space and facilities as are necessary for the holding of the Meeting, including conference rooms for informal meetings, office and storage space, lounges and other related facilities as well as the necessary space for registration areas and exhibition areas (the “Meeting Premises”), as specified in the Annex of the present Agreement.

2. For the purposes of servicing the Meeting, the Meeting Premises shall remain at the disposal of the United Nations 24 hours a day throughout the Meeting. Necessary parts of the Meeting Premises shall be put at the disposition of the United Nations by the Government for such reasonable additional time in advance of the opening and after the closing of the Meeting as is agreed between the United Nations and the Government for the preparation and settlement of all matters connected with the Meeting, which in any case shall be no less than 3 days or more than 5 days in advance of the Meeting and no more than one day following the Meeting.

3. The Plenary Hall of the Meeting Premises shall be equipped for simultaneous interpretation, sound recordings, and remote sound interpretation in the six languages of the Convention.

4. The Government shall, in consultation with the United Nations, make available and maintain at its own cost the equipment necessary for the conduct of the Meeting as described in the Annex of the present Agreement. The Government shall also arrange, at its own cost, for the furnishing, equipping and maintenance in good repair of all Meeting Premises and equipment in an adequate manner for the effective conduct of the Meeting.

5. The Government shall make available at its own cost all stationery supplies as described in the Annex of the present Agreement for the adequate functioning of the Meeting.

6. The Government shall make available at its own cost all necessary utility services such as water and electricity, as well as telephone and electronic communications systems including strong and stable internet connection.

7. The Government shall provide information on and/or access at, or within close proximity of, the Meeting on a commercial basis, to banking, catering facilities, a travel agency and a small secretarial service centre equipped as specified in the Annex of the present Agreement, for use by the participants referred to in Article II above.

8. The Government shall install and make available press facilities for written coverage, film coverage, interviews and programme preparation, a press working area and a briefing room for correspondents, as specified in the Annex of the present Agreement.

Artikel IV

The Government shall ensure that adequate accommodation in hotels or residences is available upon reasonable notice at commercial rates for persons organizing, servicing, participating in, or attending the Meeting.

Artikel V

1. The Government shall make available at its own cost adequate medical facilities with personnel qualified for first aid in emergencies within the Meeting Premises. The Government shall ensure immediate access and admission to a proximate appropriate hospital for emergencies whenever required, and the necessary transport shall be constantly available on request.

2. The Government shall ensure that adequate sanitation standards and hygiene protocols are in place for the Meeting.

3. The Government shall provide and cover the costs of COVID-19 related personal protection equipment for Meeting participants in accordance with the applicable health regulations, sanitation standards and hygiene protocols, including, but not limited to, hand sanitizers, appropriate face masks for participants and COVID-19 testing kits for participants when requested by them.

Artikel VI

1. The Government shall ensure the availability of adequate public or private transport on a reasonable commercial basis for all participants and those attending the Meeting between Schiphol Airport, the principal hotels and the Meeting Premises.

2. The Government shall provide, at its own cost, appropriate transportation for heads of delegations who are Heads of State or Government, Government ministers, senior officials of the United Nations, its specialized agencies or related organizations, and of regional or international organizations, as required.

Artikel VII

The Government shall furnish such police protection as may be required to ensure the effective functioning of the Meeting in an atmosphere of security and tranquility, free from interference of any kind. While such police services shall be under the supervision and control of a senior officer provided by the Government, this officer shall work in close cooperation with a designated senior official of the United Nations.

Artikel VIII

1. The Government shall make available at its own cost an official who shall act as a liaison officer between the Government and the United Nations, and shall be responsible and have the requisite authority, in consultation with the United Nations, for carrying out the administrative and personnel arrangements for the Meeting as required under the present Agreement.

2.

The Government shall make available at its own cost, and place under the general supervision of the United Nations, the local personnel required:

a) a) To ensure the proper functioning of the equipment and facilities referred to in Article III above; b) b) To reproduce and distribute the documents and press releases needed by the Meeting as required; c) c) To work as secretaries, conference room officers, or other.

3. The Government shall make available at its own cost, at the request of the United Nations, such local personnel referred to in this Article and in the Annex under VI, as might be required by the United Nations, before the opening and after the closing of the Meeting, and to maintain such night-time services. The local personnel listed in the Annex paragraph VI, sub-paragraphs (1) and (2), shall only be available on the days of the Meeting and shall be excluded from night-time services. The United Nations shall advise the Government of the required duration for the engagement of other local personnel.

Artikel IX

1. Pursuant to Article 14 of the Convention, all costs directly or indirectly associated with the holding of the Meeting shall be borne by the States Parties and States not parties to the Convention participating therein, in accordance with the United Nations scale of assessment adjusted appropriately. Notwithstanding the above, the Government has agreed to and shall bear the costs associated with the provision of the services as envisaged in the present Agreement.

2. The United Nations shall provide the States Parties and States not parties to the Convention with a set of accounts of all funds received and disbursed. The statement of accounts shall be subject to audit as provided in the Financial Regulations and Rules of the United Nations.

3. Actual costs shall be determined after the closure of the Meeting and all such costs and related expenditures shall have been reported and recorded in the accounts of the United Nations.

Artikel X

1.

In the event that circumstances and concerns arise as a result of the COVID-19 pandemic whereby:

a) a) the Parties mutually agree that the Meeting is unable to proceed as scheduled or is required to be held in another format; or b) b) either the United Nations or the Government, upon 7 (seven) days’ prior written notice to the other, requests a postponement, cancellation or modification of format of the Meeting;

the Parties shall consult and mutually agree on the settlement of any matters arising as a result of such postponement, cancellation or modification of format of the Meeting and, in the case of a postponement or modification of format, the present Agreement shall remain in force and be modified to stipulate the new dates or format of the Meeting, once mutually agreed, by an exchange of letters between the Parties.

2. In the event of a postponement, cancellation or modification of format of the Meeting pursuant to paragraph 1 of this Article, the United Nations shall not be liable to pay or compensate the Government for any goods, services or facilities procured, or costs incurred whatsoever, in relation to or resulting from the cancellation, postponement or modification of format of the Meeting.

Artikel XI

1.

The Government shall be responsible for dealing with any action, claim or other demand against the United Nations or its officials and arising out of:

a) a) Injury to persons or damage to or loss of property in the Meeting Premises referred to in Article III that are provided by or under the control of the Government; b) b) Injury to persons or damage to or loss of property caused by, or incurred in using the transport services referred to in Article VI that are provided by or are under the control of the Government; c) c) The employment, for the Meeting, of the personnel referred to in Article VIII; d) d) Postponement, cancellation or modification of format of the Meeting pursuant to Article X above.

2. The Government shall indemnify and hold harmless the United Nations and its officials in respect of any such action, claim or demand.

Artikel XII

1. The Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly on 13 February 1946 (hereinafter referred to as “the General Convention”), to which the Kingdom of the Netherlands is a party, shall be applicable in respect of the Meeting. In particular, the representatives of States referred to in Article II, paragraph 1 (a) and (b), above, shall enjoy the privileges and immunities provided under Article IV of the General Convention. The officials of the United Nations referred to in Article II, paragraphs 1 (c) and 4, above, shall enjoy the privileges and immunities provided under Articles V and VII of the General Convention and any experts on mission for the United Nations in connection with the Meeting shall enjoy the privileges and immunities provided under Articles VI and VII of the General Convention.

2. The representatives of the specialized agencies and related organizations of the United Nations, referred to in Article II, paragraph 1 (d), above, shall enjoy the privileges and immunities under the Convention on the Privileges and Immunities of the Specialized Agencies of 21 November 1947 or the Agreement on Privileges and Immunities of the International Atomic Energy Agency of 1 July 1959, as appropriate.

3. Representatives of international and regional organizations, non-governmental organizations and other institutions referred to in Article II, paragraphs 1 (e) to (h), above, shall enjoy immunity from legal process in respect of words spoken or written and any act performed by them in their official capacity in connection with their participation in the Meeting.

4. The personnel provided by the Government under Article VIII, above, shall enjoy immunity from legal process in respect of words spoken or written and any act performed by them in their official capacity in connection with the Meeting.

5. Without prejudice to the preceding paragraphs of this Article, all persons performing functions in connection with the Meeting, including those referred to in Article VIII of this Agreement and all those invited to the Meeting, shall enjoy such privileges, immunities and facilities as are necessary for the independent exercise of their functions in connection with the Meeting. The representatives of the information media referred to in Article II, paragraph 5, of this Agreement shall be accorded the appropriate facilities necessary for the independent exercise of their functions relating to the Meeting.

6. All participants and all persons performing functions in connection with the Meeting shall have the right of unimpeded entry into and exit from the Netherlands, provided that the general procedures governing the granting of visas are fulfilled. Visas and entry permits, where required, shall be granted free of charge, in accordance with applicable regulations, and as speedily as possible.

7. With respect to the implementation of the previous paragraph, the prevailing circumstances related to COVID-19 pandemic shall be taken into account.

8. All persons referred to in Article II, above, shall have the right to take out of the Netherlands, at the time of their departure, without any restriction, an unexpended portion of the funds they brought into the Netherlands in connection with the Meeting and to reconvert any such funds at the rate at which they had originally been converted.

9. The Government shall allow the temporary importation, tax-free and duty-free, of all equipment, including audio, video, photographic and other technical equipment accompanying representatives of information media accredited to the Meeting and for use in connection with the Meeting, and shall waive import duties and taxes on supplies necessary for the Meeting. Such temporary importation and the expeditious issuance of the necessary permits shall be in accordance with the applicable processes and procedures.

Artikel XIII

Any dispute between the United Nations and the Government concerning the interpretation or application of this Agreement, except for a dispute subject to Section 30 of the General Convention or to any other applicable agreement, shall, unless the Parties otherwise agree, be resolved by negotiations or any other agreed mode of settlement. Any such dispute that is not settled by negotiation or other agreed mode of settlement shall be submitted at the request of either Party for final decision to a tribunal of three arbitrators, one of whom shall be appointed by the Secretary-General of the United Nations, one by the Government, and the third, who shall be the Chairperson, by the other two arbitrators. If either Party does not appoint an arbitrator within three months of the other Party having notified the name of its arbitrator, or if the first two arbitrators do not within three months of the appointment or nomination of the second one of them appoint a Chairperson, then such arbitrator shall be nominated by the President of the International Court of Justice at the request of either Party to the dispute. Except as otherwise agreed by the Parties, the tribunal shall adopt its own rules of procedure, provide for the reimbursement of its members and the distribution of expenses between the Parties, and take all the decisions by a two-thirds majority. Its decisions on all questions of procedure and substance shall be final and, even if rendered in default of one of the Parties, be binding on both of them.

Artikel XIV

The Annex of the present Agreement shall form an integral part of the Agreement, and unless expressly provided otherwise, a reference to this Agreement constitutes, at the same time a reference to any Annex hereto.

Artikel XV

1. This Agreement may be modified by written agreement between the United Nations and the Government.

2. This Agreement shall enter into force on the date of its last signature and shall remain in force for the duration of the Meeting and for such a period thereafter as is necessary for all matters relating to its provisions to be settled. The total duration of this Agreement, however, shall not exceed one year, which may be extended by mutual written agreement of the Parties.