Agreement between the Kingdom of the Netherlands and the Technical Centre for Agricultural
and Rural Co-operation
[Regeling vervallen per 01-12-2021]
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
[Regeling vervallen per 01-12-2021]
For the purpose of this Agreement:
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a) ”Centre” means the Technical Centre for Agricultural and Rural Co-operation;
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b) “Government” means the Government of the Kingdom of the Netherlands;
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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;
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d) “Premises of the Centre” means the buildings and the land ancillary thereto used for
the official purpose of the Centre;
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e) “Official activities of the Centre” means the Centre's activities pursuant to the
Convention.
Article 2. Juridical personality
[Regeling vervallen per 01-12-2021]
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
[Regeling vervallen per 01-12-2021]
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
[Regeling vervallen per 01-12-2021]
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
[Regeling vervallen per 01-12-2021]
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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
[Regeling vervallen per 01-12-2021]
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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.
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4 The Centre shall be
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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;
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b. exempt from customs duties and prohibitions and restrictions on imports and exports
in respect of its publications.
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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
[Regeling vervallen per 01-12-2021]
Without being restricted by financial controls, regulations or moratoria of any kind,
the Centre may for any of its official activities
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a. receive and hold funds, currency, cash or securities of any kind and operate in any
currency;
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b. freely transfer its funds, currency, cash or securities and convert any currency held
by it into any other currency.
Article 8. Communications
[Regeling vervallen per 01-12-2021]
Article 9. Publications
[Regeling vervallen per 01-12-2021]
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
[Regeling vervallen per 01-12-2021]
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
[Regeling vervallen per 01-12-2021]
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
[Regeling vervallen per 01-12-2021]
The Staff Members of the Centre shall
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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;
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b. enjoy inviolability for all their official papers and documents;
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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;
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d. be accorded the same treatment in respect of exchange facilities as is accorded by
the Netherlands to Staff Members of other international organizations;
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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
[Regeling vervallen per 01-12-2021]
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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
[Regeling vervallen per 01-12-2021]
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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
[Regeling vervallen per 01-12-2021]
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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.
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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
[Regeling vervallen per 01-12-2021]
Article 17. Purpose and scope of privileges and immunities
[Regeling vervallen per 01-12-2021]
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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
[Regeling vervallen per 01-12-2021]
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
[Regeling vervallen per 01-12-2021]
The Government retains the right to take all precautionary measures in the interests
of its security.
Article 20. Arbitration
[Regeling vervallen per 01-12-2021]
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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
[Regeling vervallen per 01-12-2021]
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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.
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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
[Regeling vervallen per 01-12-2021]
