The Kingdom of the Netherlands
and
the European Police Office
Having regard to the conclusion of the European Council of 29 October 1993 that Europol
shall be established in the Netherlands;
Whereas the Europol Convention entered into force on 1 October, 1998;
With reference to article 37 of the Europol Convention;
Have agreed as follows:
In this Agreement:
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a) “Convention” means the Convention based on Article K.3 of the Treaty on European Union, on the establishment
of a European Police Office;
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b) “Europol” means the European Police Office;
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c) “Protocol” means the Protocol concluded on 24 June 1997 in accordance with article 41, paragraph 1 of the Convention;
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d) “Government” means the Government of the Kingdom of the Netherlands;
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e) “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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f) “Headquarters” means the area, any building, land or facilities ancillary thereto,
irrespective of ownership, used by Europol on a permanent basis or from time to time
to carry out its official functions;
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g) “Staff” means the Director, Deputy Directors and the employees of Europol as referred
to in Article 30 of the Convention, with the exception of the local staff as referred to in Article 3 of the Staff Regulations;
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h) “Director” means the Director of Europol referred to in Article 29 of the Convention;
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i) “Organs of Europol” means the Management Board as referred to in Article 28 of the Convention, the Financial Controller as referred to in Article 35, paragraph 7 of the Convention, and the Financial Committee as referred to in Article 35, paragraph 8 of the Convention;
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j) “Board” means the Management Board referred to in Article 28 of the Convention;
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k) “Joint Supervisory Body” means the body as referred to in Article 24 of the Convention;
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l) “Archives of Europol” means all records, correspondence, documents, manuscripts, computer
and media data, photographs, film, video and sound recordings belonging to or held
by Europol or any of its Staff, and any other similar material which the Director
and the Government may agree shall form part of the Archives of Europol.
Article II. Application of the Protocol
In case of conflict between this Agreement and the Protocol referred to in Article 1, sub c, setting out the rules to be applied in all Member
States, on privileges and immunities necessary for the performance of their tasks,
of Europol, the members of its Organs and the Deputy Directors and the employees of
Europol, the Protocol shall prevail.
Article III. Inviolability of Headquarters
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3 In case of fire or other emergency requiring prompt protective action, or in the
event that the competent Host State authorities have reasonable cause to believe that
such an emergency has occurred or is about to occur on the Headquarters of Europol,
the consent of the Director, or an official designated by him, to entry into the Headquarters
of Europol shall be presumed if neither of them can be reached in time.
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5 The Director shall prevent the Headquarters from being used to harbour persons who
are avoiding arrest under any law of the Kingdom of the Netherlands, who are wanted
by the Government for extradition to another country, or who are endeavouring to evade
service of legal process.
Article IV. Data Protection
The data protection legislation of the Host State shall not be applicable to personal
data held by Europol for purposes of its internal administration, or the general information
needs of its Staff, provided that as regards the processing of personal data rules
have been established which ensure a level of protection equivalent to the protection
set out in Directive 95/46/EC of the European Parliament and of the Council of 24
October 1995 on the protection of individuals with regard to the processing of personal
data and on the free movement of such data and that these rules have been published
in the Official Journal of the European Communities.
Article V. Protection of the Headquarters
The Host State authorities shall exercise due diligence to ensure that the security
and tranquillity of the Headquarters are not impaired by any person or group of persons
attempting unauthorized entry into the Headquarters, or creating disturbances in its
immediate vicinity. As may be required for this purpose, the Host State authorities
shall provide adequate police protection on the boundaries and in the vicinity of
the Headquarters.
Article VI. Law and authority in the Headquarters of Europol
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2 Except as otherwise provided in this Agreement, the Convention or the acts and regulations based on the Convention, the laws and regulations of
the Host State shall apply to the Headquarters of Europol.
Article VII. Specific Services to the Headquarters
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1 The Host State authorities shall exercise, as far as it is within their competence,
and to the extent requested by the Director, the respective powers to ensure that
the Headquarters shall be supplied, on fair conditions and on equitable terms, with
the necessary services including, among others, electricity, water sewerage, gas,
post, telephone, telegraph, local transportation, drainage, collection of refuse,
fire protection and snow removal from public streets.
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2 In case of any interruption or threatened interruption of any such services, Europol
shall be accorded the priority given to essential agencies and organs of the Government,
and the Government shall take steps accordingly to ensure that the work of Europol
is not prejudiced.
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3 The Director shall, upon request, make suitable arrangements to enable duly authorised
representatives of the appropriate public service bodies to inspect, repair, maintain,
reconstruct or relocate utilities, conduits, mains and sewers within the Headquarters
under conditions which shall not unreasonably disturb the carrying out of the functions
of Europol. Underground work may be undertaken in the Headquarters only after consultation
with the Director or an official designated by him, and under conditions which shall
not disturb the carrying out of the functions of Europo.
Article VIII. Use of wireless transmitter
Europol may install and use a wireless transmitter with the consent of the Government,
which shall not be unreasonably withheld once the wave length has been agreed upon.
Article IX. Exemption from taxes and duties for Europol and its property
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1 Within the scope of its official activities, Europol, 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 exemption provided for in paragraphs 2, sub c, d, f, g and h of this Article
may be granted by way of a refund.
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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 Government.
Article X. Flag, emblem and markings
Europol shall be entitled to display its flag, emblem and markings on the Headquarters
of Europol, and to display its flag on vehicles used for official purposes.
Article XI. Entry, stay and departure
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1 The Government shall facilitate, if necessary, the entry, stay and departure of the
persons listed below and members of the family forming part of the household for purposes
of official business:
Article XII. Privileges and immunities of members of the Organs of Europol, Staff,
Joint Supervisory Body, experts and representatives of third States and of international
organisations
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2 Besides the privileges mentioned in paragraph 1, the Director and the members of
the family forming part of his household shall enjoy within and with respect to the
Kingdom of the Netherlands, the privileges, exemptions and facilities granted in accordance
with the Vienna Convention on Diplomatic Relations, of 18 April 1961, to heads of diplomatic missions.
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3 Besides the privileges mentioned in paragraph 1, the Deputy Directors shall enjoy
within and with respect to the Kingdom of the Netherlands, the privileges granted
in accordance with the Vienna Convention on Diplomatic Relations, of 18 April 1961, to diplomatic agents.
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4 Members of the Organs of Europol shall enjoy, while exercising their functions and
in the course of their journeys to and from the place of meeting, within and with
respect to the Kingdom of the Netherlands the following privileges:
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a) the same facilities as regards monetary and exchange regulations and as regards their
personal luggage as are accorded to the officials of foreign governments on temporary
official missions;
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b) the same protection and repatriation facilities as accorded in time of international
crisis to members having comparable rank, of the staff of diplomatic missions established
in the Kingdom of the Netherlands;
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c) the right, for the purpose of all communications with Europol, to use codes and to
dispatch or receive papers, correspondence or other official material by courier or
in sealed bags.
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5 Members of the Joint Supervisory Body shall enjoy within and with respect to the
Kingdom of the Netherlands, while exercising their functions and in the course of
their journeys to and from the place of meeting, the following privileges and immunities:
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a) immunity from legal process of any kind in respect of words spoken or written, and
of acts performed by them, in the exercise of their official functions, such immunity
to continue notwithstanding that the persons concerned may have ceased to be members
of the Joint Supervisory Body;
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b) inviolability of all their official papers, documents and other official materials;
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c) the same facilities as regards monetary and exchange regulations and as regards their
personal luggage as are accorded to the officials of foreign governments on temporary
official missions;
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d) the same protection and repatriation facilities as accorded in time of international
crisis to members, having comparable rank, of the staff of diplomatic missions established
in the Kingdom of the Netherlands;
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e) the right, for the purpose of all communications with Europol, to use codes and to
dispatch or receive papers, correspondence or other official material by courier or
in sealed bags.
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6 Experts, together with representatives of third States and international organisations
with which Europol has established a relationship pursuant to Article 42 of the Convention or who have been invited by the Board or the Director on official business, shall
enjoy within and with respect to the Kingdom of the Netherlands the following privileges
and immunities so far as may be necessary for the effective exercise of their functions
and during their journeys in connection with service on such missions, committees
or other subsidiary bodies, and during attendance at such meetings:
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a) immunity from legal process of any kind in respect of words spoken or written, and
of acts performed by them, in the exercise of their official functions, such immunity
to continue notwithstanding that the persons concerned may no longer be employed on
missions for, serving on committees of, or acting as consultants for Europol, or may
no longer be present at the Headquarters or attending meetings convened by Europol;
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b) inviolability of all their official papers, documents and other official materials;
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c) the same immunities and facilities with respect to their personal luggage as are accorded
to members, having comparable rank, of the staff of diplomatic missions established
in the kingdom of the Netherlands;
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d) the same privileges with respect to currency and exchange restrictions as are accorded
to representatives of foreign governments on temporary official missions;
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e) the same protection and repatriation facilities as are accorded in time of international
crisis to members, having comparable rank, of the staff or diplomatic missions established
in the Kingdom of the Netherlands;
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f) the right, for the purpose of all communications with Europol, to use codes and to
dispatch or receive papers, correspondence or other official material by courier or
in sealed bags;
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g) if necessary, exemption from alien restrictions and alien registration.
Article XIII. Exemptions to immunities
In any event, the immunity granted to persons mentioned in Article XII shall not extend
to civil action by a third party for damages, including personal injury or death,
arising from a traffic accident caused by any such person.
Article XIV. Protection of Personnel
Host State Authorities shall - if so requested by the Director - take all reasonable
steps to ensure the necessary safety and protection to the persons mentioned in this
Agreement whose security is endangered due to their services to Europol.
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2 The Government shall issue to the Staff as referred to in Article XII, paragraph
1, sub a, and members of the family forming part of the household and the domestic
employees of Staff an identification card bearing the photograph of the holder. This
card shall serve to identify the holder in relation to the Host State authorities.
Article XVI. Social Security
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1 Provided Europol establishes its own social security scheme or adheres to a social
security scheme offering coverage comparable to the coverage under Netherlands legislation,
Europol and its Staff to whom the aforementioned scheme applies shall be exempt from
all social security provisions in the Netherlands, unless the Staff to whom the aforementioned
scheme applies take up a gainful activity in the Netherlands.
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2 The provisions of paragraph 1 shall apply mutatis mutandis to members of the family forming part of the household of the persons referred to
in paragraph 1, unless they are employed otherwise than by Europol or self-employed
in the Netherlands or unless they receive Netherlands social security benefit.
Members of the family forming part of the household of Staff not having the nationality
of an European Union member State, shall be granted working permits for the duration
of the employment of the member of the Staff with Europol in the Kingdom of the Netherlands.
Article XVIII. Waiver of immunities
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2 The Director shall be required to waive the immunity of any expert, or representative
of a third State or international organisation as mentioned in Article XII, paragraph
6, in cases where the immunity would impede the course of justice and can be waived
without prejudice to the interests of Europol. In respect of Members of the Joint
Supervisory Body, the waiving of the immunities shall be within the competence of
the respective Member States.
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4 Should the Government consider that an abuse of a privilege or immunity conferred
by this Agreement has occurred, the Director shall, upon request, consult with the
appropriate Host State authorities to determine whether any such abuse has occurred.
If such consultations fail to achieve a result satisfactory to the Director and to
the Government, the matter shall be settled in accordance with the procedure set out
in Article XIX.
Article XIX. Settlement of Disputes
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1 Notwithstanding Article 13 of the Protocol, any dispute between Europol and the Government concerning the interpretation or
application of this Agreement, or any question affecting the Headquarters or the relationship
between Europol and the Government, which is not settled amicably, shall be referred
for final decision to a tribunal of three arbitrators, at the request of either party
to the dispute. 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.
Article XX. Interpretation of the Agreement
This Agreement shall be interpreted in the light of its primary purpose of enabling
Europol at its Headquarters in the Kingdom of the Netherlands fully and efficiently
to discharge its responsibilities and fulfil its purposes.
Article XXI. Termination of the Agreement
This Agreement shall cease to be in force by mutual consent of Europol and the Government,
after obtaining the unanimous approval of the Board.
Article XXIII. Entry into force