Ambassador of the Kingdom of the Netherlands
Rome, 22 March 1999
Sir,
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:
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a) “Liaison officer” means: any official seconded to Europol in accordance with Article
5 of the Europol Convention;
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b) “Government” means the Government of the Kingdom of the Netherlands;
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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;
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d) “Member State” means the Republic of Italy;
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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.
2. Privileges and immunities
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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.
3. Entry, stay and departure
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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.
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.
5. Inviolability of archives
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.
7. Facilities and immunities in respect of communication
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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.
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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.
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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.
9. Settlement of Disputes
[Treedt in werking op een nader te bepalen tijdstip]
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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.
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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.
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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.
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
