The Government of the Kingdom of the Netherlands and the Technical Centre for Agricultural and Rural Co-operation,
Considering that the Second ACP-EEC Convention, hereinafter referred to as “the Convention”, signed at Lomé on 31 October 1979, to which the Kingdom of the Netherlands is a Party, has created in its Article 88 a Technical Centre for Agricultural and Rural Co-operation,
Considering that pursuant to the Decision No. 1/83 of the ACP-EEC Committee of Ambassadors of 8 June 1983 the said Centre has its seat in the region of Wageningen (the Netherlands), and Protocol No. 3 on privileges and immunities together with the declaration of the Community, phrased in Annex XL to the Convention, is applicable to the Centre,
Have agreed as follows:
Article 1. Definitions
For the purpose of this Agreement:
a) ”Centre” means the Technical Centre for Agricultural and Rural Co-operation;
b) “Government” means the Government of the Kingdom of the Netherlands;
c) “Staff Member” means the Director of the Centre, the Technical adviser deputy to the Director, and all persons appointed by the Centre under the Centre's staff regulations, other than persons for supporting services assigned to hourly rates of pay;
d) “Premises of the Centre” means the buildings and the land ancillary thereto used for the official purpose of the Centre;
e) “Official activities of the Centre” means the Centre's activities pursuant to the Convention.
Article 2. Juridical personality
The Centre shall enjoy the most extensive legal capacity accorded to legal persons. It shall in particular have the capacity:
Article 3. Inviolability of premises
The premises of the Centre shall be inviolable. Any person authorized to enter any place under any legal provision or on the strength of the law as described in Article 18 of this Agreement shall not exercise that authority in respect of the premises of the Centre unless permission to do so has been given by or on behalf of the Director. Such permission shall be assumed in case of fire or other disaster requiring prompt protective action. In other cases the Director or the person acting on his behalf shall give permission if it is possible to do so without prejudicing the interests of the Centre.
Article 4. Inviolability of archives
The archives of the Centre shall be inviolable. The term “archives” includes all records, correspondance, documents, manuscripts, photographs, films and recordings belonging to or held by the Centre, wherever located.
Article 5. Immunity
2 The Centre's property and assets wherever situated shall be immune from any form of requisition, confiscation, expropriation and sequestration. They shall also be immune from any form of administrative or provisional judicial constraint, except insofar as may be temporarily necessary in connection with the prevention of, and investigation into, accidents involving motor vehicles belonging to, or operated on behalf of the Centre.
Article 6. Exemption from taxes and duties
2 Within the scope of its official activities, the Centre shall be accorded a refund of car tax and value added tax payed on the purchase of motor cars, and value added tax payed on the supply of goods or services of substantial value. The Centre shall be accorded a refund of the excise duty element included in the price of spirits and hydrocarbons such as fuel oils and motor fuels purchased by the Centre for official use.
4 The Centre shall be
a. exempt from customs duties and prohibitions on imports and exports in respect of articles imported or exported by the Centre for its official use;
b. exempt from customs duties and prohibitions and restrictions on imports and exports in respect of its publications.
6 Goods, with the exception of documents and publications, exempted under this Article shall not be transferred, hired out or lent, permanently or temporarily, or sold, except in accordance with conditions agreed to with the Government.
Article 7. Funds
Without being restricted by financial controls, regulations or moratoria of any kind, the Centre may for any of its official activities
a. receive and hold funds, currency, cash or securities of any kind and operate in any currency;
b. freely transfer its funds, currency, cash or securities and convert any currency held by it into any other currency.
Article 8. Communications
Article 9. Publications
The transmission of publications and other information material sent by or the Centre shall not be restricted in any way.
Article 10. Representatives of the Parties to the Convention
The Government shall facilitate the entry, stay and departure of the Representatives of the Parties to the Convention, taking part in the work of the Centre, and of their technical advisers and experts. They shall be accorded the same privileges in respect of exchange facilities as are accorded to Staff Members of the Centre.
Article 11. Director and Technical adviser deputy to the Director
In addition to the privileges and immunities provided for in Article 12 of this Agreement, the Director and the Technical adviser deputy to the Director, unless in either case he is a Netherlands national or a permanent resident of the Netherlands, shall enjoy the privileges and immunities to which a diplomatic agent is entitled.
Article 12. Staff Members
The Staff Members of the Centre shall
a. have, even after they have left the service of the Centre, immunity from jurisdiction in respect of words spoken or written and all acts performed by them in their official capacity and within the limits of their authority.
This immunity shall not apply in the case of a motor traffic offense committed by a Staff Member, nor in the case of damage caused by a motor vehicle belonging to or driven by a Staff Member;
b. enjoy inviolability for all their official papers and documents;
c. enjoy, together with the members of their families forming part of their households, the same repatriation facilities in time of international crises as diplomatic agents;
d. be accorded the same treatment in respect of exchange facilities as is accorded by the Netherlands to Staff Members of other international organizations;
e. have the right to import free of duty their household effects and personal belongings, including one motor vehicle at the time of first taking up their functions in the Netherlands and have the right to export them free of duty on termination of their functions in the Netherlands, in both cases in accordance with the law and regulations of the Netherlands.
Article 13. Registration, permits
2 The Staff Members of the Centre and non-Netherlands members of their families forming part of their households shall hold a personal identity card issued by the Centre stating names, date and place of birth, nationality, number of passport (aliens only), and bearing photograph and signature. The identity cards shall be authenticated by the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
Article 14. Taxation of income
1 Subject to the conditions and following the procedure laid down by the ACP-EEC Committee of Ambassadors and agreed with the Government the Director and the other Staff Members shall be subject to a tax, for the benefit of the Centre, on salaries and emoluments paid by the Centre. From the date on which this tax is applied such salaries and emoluments shall be exempt from Netherlands income tax.
Article 15. Social security scheme
1 Provided the Centre establishes its own social security scheme or adheres to a social security scheme, the Centre, the Director and the other Staff Members shall be exempt from all compulsory contributions to the Netherlands social security organizations. Consequently, they shall not be covered against the risks described in the Netherlands social security regulations.
2 Staff members who were already subject to the Netherlands social security scheme shall have the right to choose within six months after their appointment between remaining liable to the Netherlands social security scheme or adhering to the social security scheme of the Centre. In the latter case the provisions of paragraph 1 of this Article are applicable. This right of option, which may be exercised only once, shall take effect from the date of entry into employment.
Article 16. Reporting on staff situation
Article 17. Purpose and scope of privileges and immunities
2 The Director or in his absence the Technical adviser deputy to the Director has the right and the duty to waive such immunities (other than their own) in any case where the immunity would impede the course of justice, and where it can be waived without prejudice to the interests of the Centre.
In respect of the Director and the Technical adviser deputy to the Director the ACP-EEC Committee of Ambassadors has a similar right and duty.
Article 18. Co-operation
The Centre shall co-operate at all times with the appropriate Netherlands authorities in order to facilitate the proper administration of justice, to ensure the observance of police regulations and regulations concerning the handling of inflammable material, public health, labour inspection and other similar national legislation, and to prevent any abuse of the privileges and immunities and facilities provided for in this Agreement.
Article 19. Security
The Government retains the right to take all precautionary measures in the interests of its security.
Article 20. Arbitration
1 Where the Centre enters into contracts (other than contracts concluded in accordance with the Staff Regulations) the Centre shall include an arbitration clause whereby any disputes arising out of the interpretation or execution of the contract may at the request of either Party be submitted to private arbitration. Unless otherwise agreed, the arbitration shall be conducted under the rules of the Netherlands Arbitration Institute.
Article 21. Settlement of disputes
1 Any dispute between the Parties concerning the interpretation or application of the present Agreement which cannot be settled amicably, shall be submitted, at the request of any Party to the dispute, to an arbitral tribunal, composed of three members. Each Party shall appoint one arbitrator and the two arbitrators thus appointed shall together appoint a third arbitrator as their chairman.
3 If the two arbitrators are unable to reach agreement, in the two months following their appointment, on the choice of the third arbitrator, either Party may invite the President of the International Court of Justice to make the necessary appointment.
Article 22. Final provisions
IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Agreement.
DONE at the Hague 7 August 1984, in duplicate, in the English language.
For the Government of the Kingdom of the Netherlands
(sd.) W. F. VAN EEKELEN
For the Technical Centre for Agricultural and Rural Co-operation
(sd.) D. ASSOUMOU MBA