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Briefwisseling tussen de Nederlandse en de Italiaanse Regering houdende een verdrag inzake voorrechten en immuniteiten te verlenen aan verbindingsofficieren die vanwege de Italiaanse Regering bij Europol te 's-Gravenhage worden tewerkgesteld
Ambassador of the Kingdom of the Netherlands
Rome, 22 March 1999
I have the honour to refer to article 41, paragraph 2 of the Convention based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention, 26 July 1995) and propose that the privileges and immunities necessary for the proper performance of the tasks of the liaison officers at Europol be agreed upon as follows:
In this Agreement:
a) “Liaison officer” means: any official seconded to Europol in accordance with Article 5 of the Europol Convention;
b) “Government” means the Government of the Kingdom of the Netherlands;
c) “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;
d) “Member State” means the Republic of Italy;
e) “Archives of the liaison officer” means all records, correspondence, documents, manuscripts, computer and media data, photographs, films, video and sound recordings belonging to or held by the liaison officer, and any other similar material which in the unanimous opinion of the Member State and the Government forms part of the archives of the liaison officer.
1 Subject to the provisions of this Agreement, the liaison officer and members of his family who form part of his household and do not possess Dutch nationality, shall enjoy in and vis-à-vis the Kingdom of the Netherlands the same privileges and immunities as are conferred on members of the diplomatic staff by the Vienna Convention on Diplomatic Relations of 18 April 1961.
2 The immunity granted to persons mentioned in paragraph 1 of this Article shall not extend to either:
(i) civil action by a third party for damages, including personal injury or death, arising from a traffic accident caused by any such person, and is without prejudice to Article 32 of the Europol Convention; or
(ii) criminal and civil jurisdiction over acts performed outside the course of 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 persons referred to in paragraph 1 of this Article.
1 The Government shall facilitate, if necessary, the entry, stay and departure of the liaison officer and members of his family forming part of the household.
2 This Article shall not prevent the requirement of reasonable evidence to establish that persons claiming the treatment provided for under this Article come within the classes described in paragraph 1 of this Article.
3 Visas which may be required by persons referred to in this Article shall be granted without charge and as promptly as possible.
Members of the family forming part of the household of the liaison officer not having the nationality of an EU Member State shall be exempt from the obligation to obtain working permits for the duration of the secondment of the liaison officer.
The archives of the liaison officer wherever located and by whomsoever held shall be inviolable.
The Host State authorities shall, if so requested by the Member State, take all reasonable steps in accordance with their national laws to ensure the necessary safety and protection of the liaison officer, as well as members of his family who form part of his household, whose security is endangered due to the performance of the tasks of the liaison officer at Europol.
1 The Government shall permit the liaison officer to communicate freely and without a 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 dispatch and receive official correspondence and other official communications by courier or in sealed bags which shall be subject to the same privileges and immunities as diplomatic couriers and bags.
2 The liaison officer shall, as far as may be compatible with the International Telecommunications Convention of 6 November 1982, for his official communications enjoy treatment not less favourable than that accorded by the Kingdom of the Netherlands to any international organisation or government, in the matter of priorities for communication by mail, cable, telegraph, telex, radio, television, telephone, fax, satellite, or other means.
1 The Member State shall promptly notify the Government of the name of the liaison officer, his arrival and his final departure or the termination of his secondment as well as the arrival and final departure of the members of the family forming part of the household and, where appropriate, the fact that a person has ceased to form part of the household.
2 The Government shall issue to the liaison officer and members of his family forming part of the household, an identification card bearing the photograph of the holder. This card shall serve to identify the holder in relation to all Host State authorities.
[Treedt in werking op een nader te bepalen tijdstip]
1 Any dispute between the Member State and the Government concerning the interpretation or application of this Agreement, or any question affecting the liaison officer or the relationship between the Member State and the Government which is not settled amicably, shall be referred for final decision to a tribunal of three arbitrators, at the request of the Member State or the Government. 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.
With respect to the Kingdom of the Netherlands, this Agreement shall apply to the part of the Kingdom in Europe only.
I furthermore propose that upon receipt of your confirmation in writing of the above this exchange of letters shall constitute an agreement between the Kingdom of the Netherlands and the Republic of Italy, which shall enter into force on the first day of the month following the day on which both Parties have informed each other in writing that the legal requirements for entry into force have been complied with.
Accept, Sir, the assurances of my highest consideration.
(sd.) C. M. J. KRÖNER
Christiaan M. J. Kröner
Direttore Generale dell'Emigrazione e
degli Affari Sociali
Min. Plen. Lorenzo Ferrarin
Ministero degli Affari Esteri
MINISTERO DEGLI AFFARI ESTERI
IL DIRETTORE GENERALE
E DEGLI AFFARI SOCIALI
I have the honour to refer to your letter of 22 March 1999, which reads as follows:
[Red: (Zoals in Nr. I)]
I confirm that the Italian Government agrees with the content of the above mentioned letter, and that this exchange of letters shall constitute an agreement between the Kingdom of the Netherlands and the Republic of Italy regarding the privileges and immunities necessary for the proper performance of the tasks of the liaison officers at Europol.
(sd.) LORENZO FERRARIN
Mr. Christian Mark Johan Kröner
Embassy of the Kingdom of the Netherlands
Via Michele Mercati, 8
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