Notawisseling houdende een verdrag tussen het Koninkrijk der Nederlanden en Europol [...] van het personeel van Europol en hun gezinsleden, ’s-Gravenhage, 24-10-2007

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Notawisseling houdende een verdrag tussen het Koninkrijk der Nederlanden en Europol betreffende privileges en immuniteiten van het personeel van Europol en hun gezinsleden

Authentiek : EN

Nr. I

TREATIES DIVISION

The Hague,18 September 2006

DJZ/VE-714/06

Agreement between the Kingdom of the Netherlands and the European Police Office in the light of the Netherlands Government Policy Framework on Attracting and Hosting International Organisations

The Ministry of Foreign Affairs of the Kingdom of the Netherlands presents its compliments to the European Police Office and, with reference to the Agreement between the Kingdom of the Netherlands and the European Police Organisation of 15 October 1998 and to the Cabinet Decision of 22 April 2005 on the Policy Framework on Attracting and Hosting International Organisations, has the honour to propose the following in respect of the privileges and immunities of the staff of the European Police Office:

1.. Use of terms

For the purpose of this Agreement:

• a) “the parties” means the European Police Office and the host State;

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

• c) “the host State” means the Kingdom of the Netherlands;

• d) “the Vienna Convention” means the Vienna Convention on Diplomatic Relations of 18 April 1961.

2.. Privileges and immunities

• a) The Head of the Organisation, together with members of his family forming part of his household, shall enjoy the same privileges and immunities as the host State accords to heads of diplomatic missions accredited to the host State in accordance with the Vienna Convention.

• b) The highest ranking staff of the Organisation, together with members of their family forming part of their household, shall enjoy the same privileges and immunities as the host State accords to diplomatic agents of the diplomatic missions established in the host State in accordance with the Vienna Convention.

• c) Administrative and technical staff of the Organisation, together with members of their family forming part of their household, shall enjoy the same privileges and immunities as the host State accords to administrative and technical staff of the diplomatic missions established in the host State in accordance with the Vienna Convention, provided that immunity from criminal jurisdiction and personal inviolability shall not extend to acts performed outside the course of their official duties.

• d) Service staff of the Organisation, together with members of their family forming part of their household, shall enjoy the same privileges and immunities as the host State accords to service staff of the diplomatic missions established in the host State in accordance with the Vienna Convention.

3.. Determination of categories

The host State shall, in cooperation with the Organisation, determine which categories of personnel will be covered by each of the four groups as laid down in paragraph 2 of this Agreement.

4.. Scope of the Agreement

• a) This Agreement does not apply to persons who are nationals or permanent residents of the host State.

• b) This Agreement shall not detract from any existing arrangements in the Headquarters Agreement or other bilateral or multilateral agreements.

• c) This agreement shall not extend to issues concerning admission and residence.

If this proposal is acceptable to the European Police Office, the Ministry proposes that this Note and the European Police Office’s affirmative reply to it shall together constitute an Agreement between the Kingdom of the Netherlands and the European Police Office. This Agreement, the French and English texts of which are equally authentic, shall enter into force on the date of receipt of the European Police Office’s reply by the Ministry.

The Ministry of Foreign Affairs of the Kingdom of the Netherlands avails itself of this opportunity to renew to the European Police Office the assurances of its highest consideration.

European Police Office

Postbus 90850

2509 LW Den Haag

Nr. II

EUROPEAN POLICE OFFICE

The Hague,24 October 2007

The European Police Office presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to acknowledge receipt of the Ministry’s Note DJZ/VE-714/06 of 18 September 2006, which reads as follows:

[Red: (zoals in Nota Nr. I)]

The European Police Office has the honour to inform the Ministry of Foreign Affairs that the proposal is acceptable to the European Police Office. The European Police Office accordingly agrees that the Ministry’s Note and this reply shall constitute an Agreement between the European Police Office and the Kingdom of the Netherlands, which shall enter into force on the date of receipt of the European Police Office’s reply by the Ministry.

The European Police Office avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the assurances of its highest consideration.

Ministry of Foreign Affairs

The Hague