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Verdrag tussen het Koninkrijk der Nederlanden en de Europese Politiedienst (Europol) betreffende de zetel van Europol, 's-Gravenhage, 15-10-1998

Geldend van 01-11-1998 t/m heden

Verdrag tussen het Koninkrijk der Nederlanden en de Europese Politiedienst (Europol) betreffende de zetel van Europol

Authentiek : EN

Agreement between the Kingdom of the Netherlands and the European Police Office (Europol) concerning the headquarters of Europol

The Kingdom of the Netherlands

and

the European Police Office

Having regard to the conclusion of the European Council of 29 October 1993 that Europol shall be established in the Netherlands;

Whereas the Europol Convention entered into force on 1 October, 1998;

With reference to article 37 of the Europol Convention;

Have agreed as follows:

Article I. Definitions

In this Agreement:

  • a) “Convention” means the Convention based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office;

  • b) “Europol” means the European Police Office;

  • c) “Protocol” means the Protocol concluded on 241 June 1997 in accordance with article 41, paragraph 1 of the Convention;

  • d) “Government” means the Government of the Kingdom of the Netherlands;

  • e) “Host State authorities” means such State, municipal or other authorities of the Kingdom of the Netherlands as may be appropriate in the context of and in accordance with the laws and customs applicable in the Kingdom of the Netherlands;

  • f) “Headquarters” means the area, any building, land or facilities ancillary thereto, irrespective of ownership, used by Europol on a permanent basis or from time to time to carry out its official functions;

  • g) “Staff” means the Director, Deputy Directors and the employees of Europol as referred to in Article 30 of the Convention, with the exception of the local staff as referred to in Article 3 of the Staff Regulations;

  • h) “Director” means the Director of Europol referred to in Article 29 of the Convention;

  • i) “Organs of Europol” means the Management Board as referred to in Article 28 of the Convention, the Financial Controller as referred to in Article 35, paragraph 7 of the Convention, and the Financial Committee as referred to in Article 35, paragraph 8 of the Convention;

  • j) “Board” means the Management Board referred to in Article 28 of the Convention;

  • k) “Joint Supervisory Body” means the body as referred to in Article 24 of the Convention;

  • l) “Archives of Europol” means all records, correspondence, documents, manuscripts, computer and media data, photographs, film, video and sound recordings belonging to or held by Europol or any of its Staff, and any other similar material which the Director and the Government may agree shall form part of the Archives of Europol.

Article II. Application of the Protocol

In case of conflict between this Agreement and the Protocol referred to in Article 1, sub c, setting out the rules to be applied in all Member States, on privileges and immunities necessary for the performance of their tasks, of Europol, the members of its Organs and the Deputy Directors and the employees of Europol, the Protocol shall prevail.

Article III. Inviolability of Headquarters

  • 1 The Headquarters shall be inviolable. Any person authorized to enter any place under any legal provision or on the strength of the law shall not exercise that authority in respect of the Headquarters unless permission to do so has been given by or on behalf of the Director.

  • 2 The Host State authorities shall take whatever action may be necessary to ensure that Europol shall not be dispossessed of any part of the Headquarters of Europol without the express consent of Europol.

  • 3 In case of fire or other emergency requiring prompt protective action, or in the event that the competent Host State authorities have reasonable cause to believe that such an emergency has occurred or is about to occur on the Headquarters of Europol, the consent of the Director, or an official designated by him, to entry into the Headquarters of Europol shall be presumed if neither of them can be reached in time.

  • 4 Europol may expel or exclude persons from the Headquarters of Europol for violation of its regulations.

  • 5 The Director shall prevent the Headquarters from being used to harbour persons who are avoiding arrest under any law of the Kingdom of the Netherlands, who are wanted by the Government for extradition to another country, or who are endeavouring to evade service of legal process.

Article IV. Data Protection

The data protection legislation of the Host State shall not be applicable to personal data held by Europol for purposes of its internal administration, or the general information needs of its Staff, provided that as regards the processing of personal data rules have been established which ensure a level of protection equivalent to the protection set out in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and that these rules have been published in the Official Journal of the European Communities.

Article V. Protection of the Headquarters

The Host State authorities shall exercise due diligence to ensure that the security and tranquillity of the Headquarters are not impaired by any person or group of persons attempting unauthorized entry into the Headquarters, or creating disturbances in its immediate vicinity. As may be required for this purpose, the Host State authorities shall provide adequate police protection on the boundaries and in the vicinity of the Headquarters.

Article VI. Law and authority in the Headquarters of Europol

  • 1 The Headquarters of Europol shall be under the control and authority of Europol, as provided in this Agreement.

  • 2 Except as otherwise provided in this Agreement, the Convention or the acts and regulations based on the Convention, the laws and regulations of the Host State shall apply to the Headquarters of Europol.

Article VII. Specific Services to the Headquarters

  • 1 The Host State authorities shall exercise, as far as it is within their competence, and to the extent requested by the Director, the respective powers to ensure that the Headquarters shall be supplied, on fair conditions and on equitable terms, with the necessary services including, among others, electricity, water sewerage, gas, post, telephone, telegraph, local transportation, drainage, collection of refuse, fire protection and snow removal from public streets.

  • 2 In case of any interruption or threatened interruption of any such services, Europol shall be accorded the priority given to essential agencies and organs of the Government, and the Government shall take steps accordingly to ensure that the work of Europol is not prejudiced.

  • 3 The Director shall, upon request, make suitable arrangements to enable duly authorised representatives of the appropriate public service bodies to inspect, repair, maintain, reconstruct or relocate utilities, conduits, mains and sewers within the Headquarters under conditions which shall not unreasonably disturb the carrying out of the functions of Europol. Underground work may be undertaken in the Headquarters only after consultation with the Director or an official designated by him, and under conditions which shall not disturb the carrying out of the functions of Europo.

Article VIII. Use of wireless transmitter

Europol may install and use a wireless transmitter with the consent of the Government, which shall not be unreasonably withheld once the wave length has been agreed upon.

Article IX. Exemption from taxes and duties for Europol and its property

  • 1 Within the scope of its official activities, Europol, its assets, income and other property shall be exempt from all direct taxes, whether levied by national, provincial or local authorities.

  • 2 Within the scope of its official activities, Europol shall be exempt from:

    • a) motor vehicle tax;

    • b) tax on passenger motor vehicles and motorcycles (BPM);

    • c) value added tax paid on goods and services supplied on a recurring basis or involving considerable expenditure;

    • d) excise duties included in the price of alcoholic beverages and hydrocarbons such as fuel oils and motor fuels;

    • e) import taxes and duties;

    • f) real property transfer tax;

    • g) insurance tax;

    • h) any other taxes and duties of a substantially similar character as the taxes provided for in this paragraph, imposed by the Netherlands subsequently to the date of signature of this Agreement.

  • 3 The exemption provided for in paragraphs 2, sub c, d, f, g and h of this Article may be granted by way of a refund.

  • 4 Goods acquired or imported under the terms set out in paragraph 2 of this article shall not be sold, let out, given away or otherwise disposed of, except in accordance with conditions agreed upon with the Government.

  • 5 No exemption will be granted in respect of taxes and duties which represent charges for specific services rendered.

Article X. Flag, emblem and markings

Europol shall be entitled to display its flag, emblem and markings on the Headquarters of Europol, and to display its flag on vehicles used for official purposes.

Article XI. Entry, stay and departure

  • 1 The Government shall facilitate, if necessary, the entry, stay and departure of the persons listed below and members of the family forming part of the household for purposes of official business:

    • a) Staff;

    • b) other persons, not being European Union citizens, on request of the Director.

  • 2 This Article shall not prevent the requirement of reasonable evidence to establish that persons claiming the treatment provided for in this Article come within the classes described in paragraph 1.

  • 3 Visas which may be required by persons referred to in this Article shall be granted without charge and as promptly as possible.

Article XII. Privileges and immunities of members of the Organs of Europol, Staff, Joint Supervisory Body, experts and representatives of third States and of international organisations

  • 1 Staff of Europol shall enjoy within and with respect to the Kingdom of the Netherlands the following privileges:

    • a) freedom to acquire and maintain within the Kingdom of the Netherlands or elsewhere foreign currency accounts and other movable, and, under the same conditions applicable to nationals of the Kingdom of the Netherlands, immovable property; and the termination of their employment with Europol the right to take their funds out of the Kingdom of the Netherlands through authorised channels without prohibition or restrictions;

    • b) the same protection and repatriation facilities with respect to themselves, and members of the family forming part of the household, as accorded in time of international crisis to members having comparable rank, of the staff of diplomatic missions established in the Kingdom of the Netherlands;

    • c) exemption, with respect to themselves, and members of the family forming part of the household, from immigration restrictions and alien registration;

    • d) in accordance with the regulations in force, exemption from import taxes and duties, in respect of the import of their furniture and personal effects, at the time of first taking up their position in the Netherlands; however, no exemption shall be accorded in respect of taxes and duties which represent charges for specific services.

  • 2 Besides the privileges mentioned in paragraph 1, the Director and the members of the family forming part of his household shall enjoy within and with respect to the Kingdom of the Netherlands, the privileges, exemptions and facilities granted in accordance with the Vienna Convention on Diplomatic Relations, of 18 April 1961, to heads of diplomatic missions.

  • 3 Besides the privileges mentioned in paragraph 1, the Deputy Directors shall enjoy within and with respect to the Kingdom of the Netherlands, the privileges granted in accordance with the Vienna Convention on Diplomatic Relations, of 18 April 1961, to diplomatic agents.

  • 4 Members of the Organs of Europol shall enjoy, while exercising their functions and in the course of their journeys to and from the place of meeting, within and with respect to the Kingdom of the Netherlands the following privileges:

    • a) the same facilities as regards monetary and exchange regulations and as regards their personal luggage as are accorded to the officials of foreign governments on temporary official missions;

    • b) the same protection and repatriation facilities as accorded in time of international crisis to members having comparable rank, of the staff of diplomatic missions established in the Kingdom of the Netherlands;

    • c) the right, for the purpose of all communications with Europol, to use codes and to dispatch or receive papers, correspondence or other official material by courier or in sealed bags.

  • 5 Members of the Joint Supervisory Body shall enjoy within and with respect to the Kingdom of the Netherlands, while exercising their functions and in the course of their journeys to and from the place of meeting, the following privileges and immunities:

    • a) immunity from legal process of any kind in respect of words spoken or written, and of acts performed by them, in the exercise of their official functions, such immunity to continue notwithstanding that the persons concerned may have ceased to be members of the Joint Supervisory Body;

    • b) inviolability of all their official papers, documents and other official materials;

    • c) the same facilities as regards monetary and exchange regulations and as regards their personal luggage as are accorded to the officials of foreign governments on temporary official missions;

    • d) the same protection and repatriation facilities as accorded in time of international crisis to members, having comparable rank, of the staff of diplomatic missions established in the Kingdom of the Netherlands;

    • e) the right, for the purpose of all communications with Europol, to use codes and to dispatch or receive papers, correspondence or other official material by courier or in sealed bags.

  • 6 Experts, together with representatives of third States and international organisations with which Europol has established a relationship pursuant to Article 42 of the Convention or who have been invited by the Board or the Director on official business, shall enjoy within and with respect to the Kingdom of the Netherlands the following privileges and immunities so far as may be necessary for the effective exercise of their functions and during their journeys in connection with service on such missions, committees or other subsidiary bodies, and during attendance at such meetings:

    • a) immunity from legal process of any kind in respect of words spoken or written, and of acts performed by them, in the exercise of their official functions, such immunity to continue notwithstanding that the persons concerned may no longer be employed on missions for, serving on committees of, or acting as consultants for Europol, or may no longer be present at the Headquarters or attending meetings convened by Europol;

    • b) inviolability of all their official papers, documents and other official materials;

    • c) the same immunities and facilities with respect to their personal luggage as are accorded to members, having comparable rank, of the staff of diplomatic missions established in the kingdom of the Netherlands;

    • d) the same privileges with respect to currency and exchange restrictions as are accorded to representatives of foreign governments on temporary official missions;

    • e) the same protection and repatriation facilities as are accorded in time of international crisis to members, having comparable rank, of the staff or diplomatic missions established in the Kingdom of the Netherlands;

    • f) the right, for the purpose of all communications with Europol, to use codes and to dispatch or receive papers, correspondence or other official material by courier or in sealed bags;

    • g) if necessary, exemption from alien restrictions and alien registration.

Article XIII. Exemptions to immunities

In any event, the immunity granted to persons mentioned in Article XII shall not extend to civil action by a third party for damages, including personal injury or death, arising from a traffic accident caused by any such person.

Article XIV. Protection of Personnel

Host State Authorities shall - if so requested by the Director - take all reasonable steps to ensure the necessary safety and protection to the persons mentioned in this Agreement whose security is endangered due to their services to Europol.

Article XV. Notification

  • 1 Europol shall promptly notify the Government of:

    • a) the list of members of the organs, the Joint Supervisory Body and the Joint Audit Committee and shall revise such list from time to time as may be necessary;

    • b) the appointment of Staff, their arrival and their final departure, or the termination of their functions with Europol;

    • c) the arrival and final departure of members of the family forming part of the household of the persons referred to in subparagraph b, of this Article and, where appropriate, the fact that a person has ceased to form part of the household;

    • d) the arrival and final departure of domestic employees of persons referred to in subparagraph b, of this Article and, where appropriate, the fact that they are leaving the employ of such persons.

  • 2 The Government shall issue to the Staff as referred to in Article XII, paragraph 1, sub a, and members of the family forming part of the household and the domestic employees of Staff an identification card bearing the photograph of the holder. This card shall serve to identify the holder in relation to the Host State authorities.

Article XVI. Social Security

  • 1 Provided Europol establishes its own social security scheme or adheres to a social security scheme offering coverage comparable to the coverage under Netherlands legislation, Europol and its Staff to whom the aforementioned scheme applies shall be exempt from all social security provisions in the Netherlands, unless the Staff to whom the aforementioned scheme applies take up a gainful activity in the Netherlands.

  • 2 The provisions of paragraph 1 shall apply mutatis mutandis to members of the family forming part of the household of the persons referred to in paragraph 1, unless they are employed otherwise than by Europol or self-employed in the Netherlands or unless they receive Netherlands social security benefit.

Article XVII. Employment

Members of the family forming part of the household of Staff not having the nationality of an European Union member State, shall be granted working permits for the duration of the employment of the member of the Staff with Europol in the Kingdom of the Netherlands.

Article XVIII. Waiver of immunities

  • 1 The privileges and immunities granted under the provisions of this Agreement are conferred in the interests of Europol and not for the personal benefit of the individuals themselves. It is the duty of Europol and all persons enjoying such privileges and immunities to observe in all other respects the laws and regulations of the Kingdom of the Netherlands.

  • 2 The Director shall be required to waive the immunity of any expert, or representative of a third State or international organisation as mentioned in Article XII, paragraph 6, in cases where the immunity would impede the course of justice and can be waived without prejudice to the interests of Europol. In respect of Members of the Joint Supervisory Body, the waiving of the immunities shall be within the competence of the respective Member States.

  • 3 Europol shall co-operate at all times with the appropriate Host State authorities to facilitate the proper administration of justice and shall prevent any abuse of the privileges and immunities granted under the provisions of this Agreement.

  • 4 Should the Government consider that an abuse of a privilege or immunity conferred by this Agreement has occurred, the Director shall, upon request, consult with the appropriate Host State authorities to determine whether any such abuse has occurred. If such consultations fail to achieve a result satisfactory to the Director and to the Government, the matter shall be settled in accordance with the procedure set out in Article XIX.

Article XIX. Settlement of Disputes

  • 1 Notwithstanding Article 13 of the Protocol, any dispute between Europol and the Government concerning the interpretation or application of this Agreement, or any question affecting the Headquarters or the relationship between Europol and the Government, which is not settled amicably, shall be referred for final decision to a tribunal of three arbitrators, at the request of either party to the dispute. Each party shall appoint one arbitrator. The third, who shall be chairman of the tribunal, is to be chosen by the first two arbitrators.

  • 2 If one of the parties fails to appoint an arbitrator within two months following a request from the other party to make such an appointment, the other 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.

  • 3 Should the first two arbitrators fail to agree upon the third within two months following their appointment, either 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.

  • 4 Unless the parties agree otherwise, the tribunal shall determine its own procedure.

  • 5 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.

Article XX. Interpretation of the Agreement

This Agreement shall be interpreted in the light of its primary purpose of enabling Europol at its Headquarters in the Kingdom of the Netherlands fully and efficiently to discharge its responsibilities and fulfil its purposes.

Article XXI. Termination of the Agreement

This Agreement shall cease to be in force by mutual consent of Europol and the Government, after obtaining the unanimous approval of the Board.

Article XXII. Amendments

  • 1 This Agreement may be amended by mutual consent at any time, after obtaining the unanimous approval of the Board.

  • 2 Europol and the Government shall enter into consultations with respect to the amendment of this Agreement at the request of either of them.

Article XXIII. Entry into force

  • 1 This Agreement shall enter into force on the first day of the first month following the date of signing.

  • 2 With respect to the Kingdom of the Netherlands, this Agreement shall apply to the part of the Kingdom in Europe only.

DONE at The Hague on 15 October 1998, in two copies in the English and the French languages, each text being equally authentic.

For the Kingdom of the Netherlands

(sd.) J. J. JONKER ROELANTS

For the European Police Office

(sd.) J. STORBECK

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    [Red: Bedoeld is 19.]