The Kingdom of the Netherlands
and
the Council of Europe,
Bearing in mind the policy of the Kingdom of the Netherlands to promote the development
of the international legal order;
Noting that by Resolution of the Committee of Ministers CM/Res(2023)3 of 12 May 2023
the Council of Europe established the Enlarged Partial Agreement on the Register of
Damage Caused by the Aggression of the Russian Federation against Ukraine as a platform
for intergovernmental co-operation, acting within the institutional framework of the
Council of Europe;
Welcoming the wish of the Council of Europe to establish a seat for the Register of
Damage Caused by the Aggression of the Russian Federation against Ukraine in the Kingdom
of the Netherlands;
Desiring to lay down conditions concerning the privileges, immunities, facilities,
and services of and related to the Register of Damage Caused by the Aggression of
the Russian Federation against Ukraine in the territory of the Kingdom of the Netherlands
as are necessary for the fulfillment of the purposes of the Register of Damage Caused
by the Aggression of the Russian Federation against Ukraine;
For the purpose of this Agreement:
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a) “Agreement” means this Host State Agreement between the Kingdom of the Netherlands
and the Council of Europe;
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b) “Host State” means the Kingdom of the Netherlands;
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c) “Register” means the Register of Damage Caused by the Aggression of the Russian Federation
against Ukraine as created by Resolution CM/Res (2023)3 of the Committee of Ministers
of the Council of Europe establishing the Enlarged Partial Agreement on the Register
of Damage Caused by the Aggression of the Russian Federation against Ukraine;
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d) “Parties” means the Council of Europe and the host State;
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e) “Vienna Convention” means the Vienna Convention on Diplomatic Relations of 18 April
1961;
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f) “General Agreement” means the General Agreement on Privileges and Immunities of the
Council of Europe of 2 September 1949;
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g) “Executive Director” means the Executive Director of the Register and during his or
her absence, any other official specifically designated to act on his or her behalf;
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h) “Officials of the Register” means the Executive Director and all members of the staff
of the Secretariat of the Register;
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i) “Family members forming part of the household” means
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• Spouses and registered partners of the official or a member of the Board of the Register
continuously living with the official or a member of the Board of the Register;
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• children of the official or the member of the Board of the Register under the age
of 18;
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• children of the official or the member of the Board of the Register up to and including
the age of 24 provided that they are unmarried, financially dependent on their parents
and living continuously in the Netherlands during the posting of their parent(s) in
the host State;
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• relatives dependent on the official as agreed upon between the host State and the
Register.
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j) “Experts” means persons, other than officials, who are appointed on a temporary basis
to support the work of the Register and its officials on one or more specific tasks
or projects with specialized skills;
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k) “Interns” means persons who are awarded a traineeship by the Register on a temporary
unsalaried basis and who may or may not receive a stipend or allowance;
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l) “Premises” means buildings, parts of buildings and areas, including installations
and facilities of the headquarters made available to, maintained, occupied or used
by the Register headquarters in the host State in consultation with the host State
in connection with its functions and purposes;
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m) “Property” means all property (be it material, real, or intellectual), assets, and
funds belonging to the Register or held or administered by the Register in furtherance
of its functions;
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n) “Ministry of Foreign Affairs” means the Ministry of Foreign Affairs of the host State;
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o) “Competent authorities” means national, provincial, municipal and other competent
authorities under the laws, regulations and customs of the host State.
This Agreement shall regulate matters relating to or arising out of the establishment
and the proper functioning of the Register. It shall, inter alia, create conditions conducive to the security and independence of the Register and
facilitate its smooth and efficient functioning.
Article 3. Legal status, juridical personality and representation
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1 The Register shall possess juridical personality under the national laws of the host
State and thus enjoy such legal capacity as is necessary for the exercise of its functions,
fulfilment of its mandate and the protection of its interests, in particular the capacity
to contract and to acquire and dispose of movable and immovable property.
Article 4. Inviolability of the premises
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2 The competent authorities shall not enter the premises to perform any official duty,
except with the express consent, or at the request of the Secretary General of the
Council of Europe or the Executive Director, or an official designated by the Executive
Director. Judicial actions and the service or execution of legal process, including
the seizure of private property, cannot be enforced on the premises except with the
consent of, and in accordance with conditions approved by Secretary General of the
Council of Europe, or an official designated by him or her.
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3 In case of fire or other emergency requiring prompt protective action, or in the event
that the competent authorities have reasonable cause to believe that such an emergency
has occurred or is about to occur on the premises, the consent of the Executive Director,
or an official designated by him or her, to any necessary entry into the premises
shall be presumed if neither of them can be contacted in time.
Article 5. Protection of the premises and their vicinity
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1 The host State shall exercise due diligence to ensure that the security and tranquility
of the premises are not impaired by any person or group(s) of persons attempting unauthorized
entry into or onto the premises or creating disturbances in the immediate vicinity.
As may be required for this purpose, the host State shall take adequate protection
measures on the boundaries and in the vicinity of the Register’s premises.
Article 6. Law and authority on the premises
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2 Except as otherwise provided in this Agreement and in the Council of Europe’s or the
Register’s governance documents and regulations and staff rules promulgated thereunder
concerning employment conditions of officials, the laws and regulations of the host
State shall apply on the premises. The Council of Europe and the Register shall promptly
inform the host State of any such existing regulations and rules and promptly advise
the host State of any newly adopted regulations and rules.
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3 The Register may display such signs, plaques, flags, and emblems on the premises as
it deems appropriate.
Article 7. Public services for the premises
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1 The competent authorities shall secure, upon the request of the Executive Director,
or an official designated by him or her, on fair and equitable conditions, the public
services needed by the Register such as, but not limited to, postal, telephone, telegraphic
services, any means of communication, electricity, water, gas, sewage, collection
of waste, fire protection, local transportation and cleaning of public streets, including
snow removal.
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2 In cases where the services referred to in paragraph 1 of this Article are made available
to the Register by the competent authorities, or where the prices thereof are under
their control, the rates for such services shall not exceed the lowest comparable
rates accorded to essential agencies and organs of the host State.
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3 In case of any interruption or threatened interruption of any such services, the Register
shall be accorded the priority given to essential agencies and organs of the host
State, and the host State shall take steps accordingly to ensure that the work of
the Register is not prejudiced.
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4 Upon request of the competent authorities, the Executive Director, or an official
designated by him or her, shall make suitable arrangements to enable duly authorised
representatives of the appropriate public services to inspect, repair, maintain, reconstruct
and relocate utilities, conduits, mains and sewers on the premises under conditions
which shall not unreasonably disturb the carrying out of the functions of the Register.
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5 Underground constructions may be undertaken by the competent authorities on the premises
only after consultation with the Executive Director, or an official designated by
him or her, and under conditions which shall not disturb the carrying out of the functions
of the Register.
Article 8. Facilities and immunities in respect of communications
Article 9. Inviolability of archives
The archives of the Register, all papers and documents in whatever form, materials,
including databases, data processing systems and data contained therein, held by the
Register or belonging to it, shall be inviolable.
Article 10. Freedom of financial assets from restrictions
The Register may purchase, receive, convert and hold any kind of funds, currency,
cash or securities. It may use or dispose of them freely for any purpose in accordance
with its official activities and hold accounts in any currency to the extent required
to meet its obligations.
Article 11. Funds, assets and other property
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1 The Register, its funds, assets and other property, wherever located and by whomsoever
held, shall enjoy immunity from every form of legal process in the host State, except
in so far as in any particular case the Conference of Participants has expressly authorised
the waiver of this immunity. Such a waiver shall not be held to imply a waiver of
immunity in respect of the execution of judgments.
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2 Funds, assets and other property of the Register, wherever located and by whomsoever
held, shall, in the host State, be immune from search, seizure, requisition, confiscation,
expropriation and any other form of interference, whether by executive, administrative,
judicial or legislative action.
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3 To the extent necessary to carry out the functions of the Register, funds, assets
and other property of the Register, wherever located and by whomsoever held, shall
be exempt from restrictions, regulations, control or moratoria of any nature.
Article 12. Exemption of the Register and its property from taxes and duties
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1 Within the scope of its official activities, the Register, its assets, income and
other property shall be exempt from all direct taxes, whether levied by national,
provincial or local authorities.
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3 The exemptions provided for in paragraph 2, subparagraphs (d), (e), (f), (g), (h),
(i), and (j) of this Article may be granted by way of a refund. These exemptions shall
be applied in accordance with the formal requirements of the host State. These requirements,
however, shall not affect the general principles laid down in paragraph 2 of this
Article.
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4 Goods acquired or imported under the terms set out in paragraph 2 of this Article
shall not be sold, let out, given away or otherwise disposed of, except in accordance
with conditions agreed upon with the host State.
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5 The Register shall not claim exemption from taxes which are, in fact, no more than
charges for public utility services provided at a fixed rate according to the amount
of services rendered and which can be specifically identified, described and itemized.
Article 13. Exemption from import and export restrictions
The Register shall be exempt from all restrictions on imports and exports in respect
of articles imported or exported by the Register for its official use.
Article 14. Entry, stay and departure
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1 The host State shall facilitate, if required, the entry, stay, and departure for purposes
of official business of the persons listed below. The host state shall furthermore
facilitate the entry, stay, and departure for purposes of official business of the
family members forming part of the household of the persons mentioned in subparagraph
(c) and (d). The host State shall also facilitate the entry, stay and departure for
purposes of official business of the family members forming part of the household
of persons mentioned in subparagraph (b) in the case that such persons will stay in
the host State for a consecutive period of six months or longer, and of persons mentioned
in subparagraph (e) in consultation with the host State:
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a) representatives of Participants and Associate Members of the Conference of Participants
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b) members of the Board;
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c) the Executive Director;
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d) officials of the Register;
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e) experts;
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f) interns; and
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g) other persons invited to the host State headquarters or to meetings of the Register
upon request of the Board or the Executive Director.
Article 15. Privileges, immunities and facilities of members of the Board
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1 Members of the Board, together with family members forming part of the household of
a member of the Board who will stay in the host State for a consecutive period of
six months or longer in accordance with Article 14, paragraph 1 of this Agreement, and who are not nationals or permanent residents of the host State,
shall enjoy the privileges, immunities, exemptions and facilities accorded to diplomatic
agents in accordance with the Vienna Convention. Such privileges, immunities, exemptions
and facilities, inter alia, include:
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a) personal inviolability, including immunity from personal arrest or detention or any
other restriction of their liberty and from seizure of their personal baggage;
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b) immunity from criminal, civil and administrative jurisdiction;
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c) inviolability of all papers and documents in whatever form and materials;
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d) immunity from national service obligations;
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e) exemption from immigration restrictions and alien registration;
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f) exemption from taxation on remunerations, emoluments and allowances paid to them by
the Register;
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g) the same privileges in respect of currency and exchange facilities as are accorded
to heads of diplomatic missions;
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h) the same immunities and facilities in respect of their personal baggage as are accorded
to heads of diplomatic missions;
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i) the right to import free of duty their furniture and effects at the time of first
taking up their post in the host State, and to re-export the same free of duty to
their country of domicile; however no exemption shall be accorded in respect of taxes
and duties which represent charges for specific services.
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j) for the purpose of their communications with the Register, the right to receive and
send papers in whatever form; and
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k) the same repatriation facilities in time of international crisis as are accorded to
heads of diplomatic missions under the Vienna Convention.
Article 16. Privileges, immunities and facilities of representatives of the Conference
of Participants
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1 Representatives of the Conference of Participants shall, while performing their official
functions in the host State, enjoy the following privileges, immunities and facilities:
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a) immunity from personal arrest or detention;
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b) immunity from legal process of every kind in respect of words spoken or written, and
all acts performed by them in their official capacity; such immunity shall continue
to be accorded notwithstanding that the persons concerned may have ceased to exercise
their functions as representatives;
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c) inviolability of all papers and documents in whatever form;
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d) the right to use codes or cipher, to receive papers and documents or correspondence
by courier or in sealed bags and to receive and send electronic communications;
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e) exemption from immigration restrictions, alien registration requirements and national
service obligations in the State Party they are visiting or through which they are
passing in the exercise of their functions;
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f) the same privileges in respect of currency and exchange facilities as are accorded
to representatives of foreign Governments on temporary official missions;
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g) the same immunities and facilities in respect of their personal baggage as are accorded
to diplomatic envoys under the Vienna Convention;
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h) the same protection and repatriation facilities as are accorded to diplomatic agents
in time of international crisis under the Vienna Convention;
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i) such other privileges, immunities and facilities not inconsistent with the foregoing
as diplomatic agents enjoy, except that they shall have no right to claim exemption
from customs duties on goods imported (otherwise as part of their personal baggage)
or from excise duties or sales taxes.
Article 17. Privileges, immunities and facilities of officials of the Register
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2 In addition to the privileges, immunities, and facilities listed in paragraph 1 of
this Article, the Executive Director together with his or her family members forming
part of his or her household who are not nationals or permanent residents in the host
State, shall be accorded the same privileges, immunities, and facilities as accorded
to the heads of diplomatic missions established in the host State in conformity with
the Vienna Convention.
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3 In addition to the privileges, immunities and facilities listed in paragraph 1 of
this Article, officials of comparable rank to administrative and technical staff of
diplomatic missions, together with members of their family forming part of their household
who are not nationals or permanent residents of the host State, shall be accorded
by the host State the same privileges, immunities and facilities as the host State
accords to members of the administrative and technical staff of diplomatic missions
established in the host State, in conformity with the Vienna Convention, provided
that the immunity from criminal jurisdiction and personal inviolability shall not
extend to acts performed outside the course of their official duties.
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1 Experts performing functions for the Register shall be accorded the following privileges,
immunities and facilities to the extent necessary for the independent performance
of their functions, subject to production of the document referred to in paragraph
2 of this Article:
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a) immunity from personal arrest or detention or any other restriction of their liberty
in respect of acts or convictions prior to their entry into the territory of the host
State;
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b) immunity from seizure of their personal baggage;
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c) immunity from legal process of every kind in respect of words spoken or written and
all acts performed by them in the course of the performance of their functions for
the Register, which immunity shall continue to be accorded even after the termination
of their functions;
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d) inviolability of all papers, documents in whatever form and materials relating to
the performance of their functions for the Register;
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e) for the purposes of their communications with the Register, the right to receive and
send papers and documents in whatever form and materials relating to the performance
of their functions for the Register by courier or in sealed bags;
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f) exemption from inspection of their personal baggage, unless there are serious grounds
for believing that the baggage contains articles the import or export of which is
prohibited by law or controlled by the quarantine regulations of the host State; an
inspection in such a case shall be conducted in the presence of the expert concerned;
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g) the same privileges in respect of currency and exchange facilities as are accorded
to representatives of foreign Governments on temporary official missions;
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h) the same repatriation facilities in time of international crisis as are accorded to
diplomatic agents under the Vienna Convention;
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i) exemption from immigration restrictions and alien registration in relation to their
functions as specified in the document referred to in paragraph 2 of this Article.
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3 With the exception of paragraph 1, subparagraph (c) of this Article, the privileges,
immunities and facilities referred to in paragraph 1 of this Article shall cease to
apply after fifteen (15) consecutive days following the date on which the presence
of the expert concerned is no longer required by the Register.
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1 Without prejudice to the applicable rules of the European Union in regard of citizens
of a member State of the European Union, the Ministry of Foreign Affairs shall register
interns for a maximum period of six (6) months, provided that the Register supplies
the Ministry of Foreign Affairs with a declaration signed by them, accompanied by
adequate proof, to the effect that:
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a) the intern entered the host State in accordance with the applicable immigration procedures;
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b) the intern has sufficient financial means for living expenses and for repatriation,
as well as sufficient medical insurance (including coverage of costs of hospitalisation
for at least the duration of the internship plus one (1) month) and third party liability
insurance, and shall not be a charge on the public purse in the host State;
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c) the intern shall not engage in gainful employment in the host State during his or
her internship other than as an intern for the Register;
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d) the intern shall not bring any family members to reside with him or her in the host
State other than in accordance with the applicable immigration procedures; and
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e) the intern shall leave the host State within fifteen (15) days after the end of the
internship.
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2 In exceptional circumstances, the maximum period of six (6) months mentioned in paragraph
1 of this Article, may be extended once by a maximum period of six (6) months. However,
the total period of the internship shall not exceed one (1) year.
Article 20. Personnel recruited locally and not otherwise covered by this Agreement,
such as personnel assigned to hourly rates
Personnel recruited locally and not otherwise covered by this Agreement, such as personnel
assigned to hourly rates, shall be accorded immunity from legal process in respect
of words spoken or written and all acts performed by them in their official capacity
for the Register. This immunity shall continue after the cessation of their assignment.
Article 21. Exceptions to immunities
The immunity granted to persons mentioned in Article 15, Article 16, Article 17, Article 18 and Article 20, shall not extend to cases involving a motor traffic offence committed by any such
person nor to any civil action by a third party for damages, including personal injury
or death, arising from a traffic accident caused by any such person.
Article 22. Protection of personnel
The host State shall, if so requested by the Secretary General or the Executive Director
take all reasonable steps to ensure the necessary safety and protection of the persons
mentioned in this Agreement whose security is endangered due to their services to
the Register within the host State.
Article 23. Notification and identification cards
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2 In order to facilitate the entry and stay of the persons mentioned below the Register
will promptly, and no later than eight (8) working days after the date of their first
arrival in the host State, inform the Ministry of Foreign Affairs of:
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a) the presence of members of the Board;
-
b) the presence of officials;
-
c) the presence of experts;
-
d) the presence of interns;
-
e) the presence of family members forming part of the household of members of the Board
in accordance with Article 14, paragraph 1;
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f) the presence of family members forming part of the household of officials;
-
g) the presence of family members forming part of the household of experts if prior approval
by the host State for their presence has been obtained in accordance with Article 14, paragraph 1 of this Agreement;
-
h) the date of the arrival of the persons referred to in subparagraphs (a), (b), (c),
(d), (e), (f) and (g) of this paragraph.
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3 With respect to the persons referred to in paragraph 1 of this Article, the Register
shall promptly, but within eight (8) working days, notify the Ministry of Foreign
Affairs of the termination of their functions, their final departure or the termination
of their involvement with the Register.
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4 With respect to members of the household of members of the Board or experts in accordance
with Article 14, paragraph 1 of this Agreement or of officials, the Register shall, promptly, but within eight
(8) working days, notify the Ministry of Foreign Affairs once a person has ceased
to form part of the household.
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7 At the final departure of the persons referred to in paragraph 1 of this Article or
when these persons have ceased to perform their functions, the identity card referred
to in paragraphs 5 and 6 of this Article shall be returned promptly, and no later
than within fifteen (15) days, by the Register to the Ministry of Foreign Affairs.
In case persons who have ceased to perform their functions are not able to return
the identity card referred to in paragraphs 5 and 6 of this Article within the specified
time period, the Ministry of Foreign Affairs shall be consulted immediately.
Article 24. Social security
The social security system of the Council of Europe offers coverage comparable to
the coverage under the legislation of the host State. The social security and pension
scheme of the Council of Europe applies to the Register and its officials who shall
be exempt from social security provisions of the host State.
Article 25. Employment of family members of members of the Board and of family members
of officials of the Register
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2 Members of the family forming part of the household of a member of the Board in accordance
with Article 14, paragraph 1 of this Agreement or an official of the Register who obtain gainful employment shall
enjoy, under this Agreement, no immunity from criminal, civil or administrative jurisdiction
with respect to matters arising in the course of or in connection with such employment.
However, any measures of execution shall be taken without infringing the inviolability
of their person or of their residence, if they are entitled to such inviolability.
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3 In case of the insolvency of a person aged under eighteen (18) with respect to a claim
arising out of gainful employment of that person, the immunity of the official of
whose family the person concerned is a member shall be waived for the purpose of settlement
of the claim, in accordance with the provisions of Article 26 of this Agreement.
Article 26. Waiver of immunities
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1 The privileges, immunities and facilities provided for in Articles 15, 16, 17, 18 and 20 of this Agreement are granted in the interests of the Register and not for the personal
benefit of the persons themselves. The Secretary General of the Council of Europe
shall have the right and the duty to waive the immunity of any person mentioned in
Articles 17, 18 and 20 in any case where, in his or her opinion, the immunity would
impede the cause of justice and can be waived without prejudice to the Register.
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2 The waiver of privileges, immunities and facilities of members of the Board provided
for in Article 15 of this Agreement, shall be regulated in the Rules of Procedure of the Conference
of Participants.
Article 27. Co-operation with the competent authorities
Article 28. Settlement of disputes
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3 If the dispute is not settled in accordance with paragraph 2 of this Article within
three (3) months following a written request by one of the Parties to the difference,
it shall, at the request of either Party, be referred to a Tribunal of three arbitrators.
Each Party shall appoint one arbitrator, and the two arbitrators so appointed shall
appoint a third, who shall be the chairperson of the Tribunal. If, within thirty (30)
days of the request for arbitration, a Party has not appointed an arbitrator, or if,
within fifteen (15) days of the appointment of two arbitrators, the third arbitrator
has not been appointed, either Party may request the President of the International
Court of Justice to appoint the arbitrator referred to. The Tribunal shall determine
its own procedures, provided that any two arbitrators shall constitute a quorum for
all purposes, and all decisions shall require the agreement of any two arbitrators.
The expenses of the Tribunal shall be borne by the Parties as assessed by the Tribunal.
The arbitral award shall contain a statement of the reasons on which it is based and
shall be final and binding on the Parties.
Article 29. Interpretation of the Agreement
This Agreement shall be interpreted in light of its primary purpose of enabling the
Register through opening and maintaining its office in the host State to fully and
efficiently discharge its responsibilities and fulfill its purposes.
This Agreement may be amended by mutual written consent by the Parties.
With respect to the Kingdom of the Netherlands, this Agreement shall apply to the
part of the Kingdom in Europe only.
Article 32. Entry into force and termination
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2 This Agreement shall cease to be in force by mutual consent of the Parties, if the
seat of the Register is removed from the territory of the host State, if the Register
is dissolved or if the adequate and necessary funding for the annual budget of the
Register has not been procured, except for such provisions as may be applicable in
connection with the orderly termination of the operations of the Register at its headquarters
in the host State and the disposition of its property therein, as well as provisions
granting immunity from legal process of every kind in respect of words spoken or written
or all acts performed in an official capacity under this Agreement.
