Title: wetten.nl - Regeling - Verdrag tussen het Koninkrijk der Nederlanden en het Milieuprogramma van de Verenigde Naties betreffende de zetel van het coördinatiekantoor van het Wereldomvattend Programma van actie tot bescherming van het mariene milieu tegen activiteiten die op het land plaatsvinden - BWBV0001315

Source: https://wetten.overheid.nl/BWBV0001315/

Content:
{"title": "wetten.nl - Regeling - Verdrag tussen het Koninkrijk der Nederlanden en het Milieuprogramma van de Verenigde Naties betreffende de zetel van het co\u00f6rdinatiekantoor van het Wereldomvattend Programma van actie tot bescherming van het mariene milieu tegen activiteiten die op het land plaatsvinden - BWBV0001315", "content": "Verdrag tussen het Koninkrijk der Nederlanden en het Milieuprogramma van de Verenigde\n                           Naties betreffende de zetel van het co\u00f6rdinatiekantoor van het Wereldomvattend Programma\n                           van actie tot bescherming van het mariene milieu tegen activiteiten die op het land\n                           plaatsvinden\n\nThe Kingdom of the Netherlands,\n\nand\n\nthe United Nations Environment Programme;\n\nWhereas an intergovernmental conference convened in Washington D.C. from 23 October\n                                       to 3 November 1995 adopted the Global Programme of Action for the Protection of the\n                                       Marine Environment from Land-based Activities and endorsed the Washington Declaration\n                                       on Protection of the Marine Environment from Land-based Activities;\n\nNoting the undertaking of the Government of the Kingdom of the Netherlands to ensure\n                                       the availability of all the necessary facilities and conditions to enable the Coordination\n                                       Office to perform its functions, including its scheduled programme of work and related\n                                       activities;\n\nHaving regard to the institutional arrangements for implementation of the Global Programme\n                                       of Action, for which the United Nations Environment Programme is the Secretariat,\n                                       regarding the legal status, privileges and immunities of the Coordination Office of\n                                       the Global Programme of Action for the Protection of the Marine Environment from Land-based\n                                       Activities, its Coordinator and its Officials;\n\nNoting the General Convention on the Privileges and Immunities of the United Nations\n                                       adopted on 13 February 1946 by the United Nations General Assembly, to which the Kingdom\n                                       of the Netherlands is a party, applies to United Nations officials servicing the Coordination\n                                       Office, and that individual or specific privileges not covered by this Convention\n                                       make further provisions necessary;\n\nDesiring, therefore, to conclude an Agreement for the purpose of determining such\n                                       individual or specific privileges to be granted by the Government of the Kingdom of\n                                       the Netherlands with respect to the Coordination Office of the Global Programme of\n                                       Action for the Protection of the Marine Environment from Land-based Activities in\n                                       the territory of the Kingdom of the Netherlands at The Hague;\n\nHave agreed as follows:\n\nIn this Agreement:\n\na) \u201cGPA\u201d means the Global Programme of Action for the Protection of the Marine Environment\n                                             from Land-based Activities, as adopted by Governments at the Intergovernmental Conference\n                                             in Washington D.C. on 3 November 1995;\n\nb) \u201cUNEP\u201d means the institutional and financial arrangements for the United Nations Environment\n                                             Programme established by the General Assembly of the United Nations in resolution\n                                             2997 (XXVII) of 15 December 1972, and such other institutional and financial arrangements\n                                             as may from time to time be made for the United Nations Environment Programme;\n\nc) \u201cCoordination Office\u201d means the technical coordination office of the GPA;\n\nd) \u201cthe Coordinator\u201d means the official of the Coordination Office who is the Head of\n                                             the Coordination Office;\n\ne) \u201cthe Government\u201d means the Government of the Kingdom of the Netherlands;\n\nf) \u201cParties\u201d means the Kingdom of the Netherlands and UNEP;\n\ng) \u201cOfficials\u201d means persons appointed or recruited by the United Nations for employment\n                                             with the Coordination Office for the purpose of carrying out its official functions,\n                                             including the Coordinator; it does not include persons in the domestic service of\n                                             the Coordination Office or persons recruited locally and remunerated on an hourly\n                                             basis;\n\nh) \u201cPremises\u201d means the premises of the Coordination Office and any buildings, parts\n                                             of buildings or facilities used by the Coordination Office on a permanent or temporary\n                                             basis, to carry out its official functions;\n\ni) \u201cExperts\u201d means persons, other than those referred to in sub-paragraph g) of this\n                                             article, designated by UNEP or the Coordination Office to perform official missions\n                                             for the Coordination Office;\n\nj) \u201cConvention\u201d means the Convention on the Privileges and Immunities of the United Nations\n                                             of 13 February 1946.\n\nExcept as otherwise provided in this Agreement, the status, privileges and immunities\n                                       of the Coordination Office shall be governed by the provisions of the Convention.\n\n1  The Government of the Kingdom of the Netherlands grants to UNEP, and UNEP accepts\n                                             from the Government, the use and occupation of Premises of the Coordination Office,\n                                             as described in the Annex to this Agreement.\n\n2  The Coordination Office may establish and operate research, documentation and other\n                                             technical facilities. These facilities shall be subject to appropriate safeguards\n                                             which, in the case of facilities which might create hazards to health or safety or\n                                             interfere with property, shall be agreed upon with the appropriate authorities of\n                                             the Government.\n\nWithin the scope of its official activities, the Coordination Office shall enjoy immunity\n                                       from any form of legal process, except in the case of civil action by a third party\n                                       for damages arising out of an accident caused by a vehicle belonging to or operated\n                                       on behalf of the Coordination Office.\n\n1  Any person authorized to enter any place under any legal provision shall not exercise\n                                             that authority in respect of the Premises of the Coordination Office unless permission\n                                             to do so has been given by or on behalf of the Executive Director of UNEP or the Coordinator\n                                             acting on his behalf. Such permission may, however, be presumed in the event of fire\n                                             or other emergencies requiring prompt protective action. Any person who has entered\n                                             the Premises with the presumed permission of the Executive Director of UNEP or the\n                                             Coordinator acting on his behalf shall, if so requested by the Executive Director\n                                             of UNEP or the Coordinator acting on his behalf, leave the premises immediately.\n\n2  In other cases, the Executive Director of UNEP or the Coordinator acting on his behalf,\n                                             shall give serious consideration to a request for permission from the Netherlands\n                                             authorities to enter the Premises, without prejudice to the interests of the Coordination\n                                             Office.\n\nThe inviolability of the archives shall be understood to apply to all records, correspondence,\n                                       manuscripts, photographs, films, recordings, documents, computer data and computer\n                                       files belonging to or held by the Coordination Office.\n\n1  In addition to section 7 and 8 of the Convention the Coordination Office shall, within\n                                             the scope of its official activities, be exempt from the following taxes:\n\na) import taxes and duties (belastingen bij invoer);\n\nb) motor vehicle tax (motorrijtuigenbelasting);\n\nc) tax on passenger motor vehicles and motorcycles (BPM);\n\nd) value added tax (omzetbelasting) paid on goods and services involving considerable\n                                                   expenditure or supplied on a recurring basis;\n\ne) excise duties (accijnzen) included in the price of alcoholic beverages and hydrocarbons\n                                                   such as fuel oils and motor fuels;\n\nf) real property transfer tax (overdrachtsbelasting);\n\ng) insurance tax (assurantiebelasting).\n\n2  The exemptions provided for in paragraph 1 d), e), f) and g) of this article may\n                                             be granted by way of a refund. The exemptions provided for in this article shall apply\n                                             in accordance with the regulations in force in the Kingdom of the Netherlands.\n\n3  Goods acquired or imported under the terms set out in this article shall not be sold,\n                                             given away, or otherwise disposed of in the Netherlands, except in accordance with\n                                             conditions agreed upon with the Government.\n\n1  In addition to the provisions of section 18 of the Convention the Officials shall\n                                             also:\n\na) enjoy immunity referred to in paragraph a) of that section notwithstanding that the\n                                                   Officials concerned may have ceased to be Officials of the United Nations;\n\nb) enjoy immunity from inspection and seizure of their personal and/or official baggage;\n                                                   except in cases of flagrante delicto. In such cases, the appropriate Government authorities shall immediately inform the\n                                                   Coordinator. Inspections shall, in the case of personal baggage, be conducted only\n                                                   in the presence of the official or his authorized representative, and in the case\n                                                   of official baggage, in the presence of an authorized representative of the Coordination\n                                                   Office;\n\nc) in accordance with the regulations in force, if they are non-residents, have relief\n                                                   from duties and taxes (except payments for services) in respect of import of their\n                                                   furniture and personal effects, including motorvehicles, at the time of first taking\n                                                   up their post in the Netherlands and the right on the termination of their function\n                                                   in the Netherlands to export with relief from duties and taxes their furniture and\n                                                   personal effects, subject, in both cases, to the conditions agreed with the Government\n                                                   and the regulations in force applicable to international organisations situated within\n                                                   the territory of the Kingdom of the Netherlands.\n\n2  The Coordinator shall enjoy with respect to himself and to dependant members of his\n                                             family forming part of his household the privileges and immunities granted to heads\n                                             of diplomatic missions accredited to the Government, in accordance with the Vienna\n                                             Convention on Diplomatic Relations of 18 April 1961.\n\n3  A Deputy Coordinator or other senior official, when acting on behalf of the Coordinator\n                                             during his absence from duty, shall be accorded the same immunities as are accorded\n                                             to the Coordinator.\n\n4  Officials of rank P.5 and above shall enjoy the privileges and immunities granted\n                                             to diplomatic agents in accordance with the Vienna Convention on Diplomatic Relations\n                                             of 18 April 1961.\n\n5  Immunity shall not apply in the case of a motor-traffic offence committed by an official,\n                                             nor in the case of a civil action by a third party for damage arising from an accident\n                                             caused by a motor vehicle belonging or driven by an official.\n\n1  Article VI of the Convention shall apply to experts.\n\n2  With respect to section 22 of the Convention, the immunities provided therein shall\n                                             not apply to civil action by a third party for damage arising from an accident caused\n                                             by a motor vehicle belonging to or driven by him.\n\nWith respect to section 17 of the Convention the following shall also apply:\n\n1  UNEP shall promptly notify the Government of:\n\na) the appointment of Officials and Experts, their arrival and their final departure,\n                                                   or the termination of their functions with UNEP or the Coordination Office;\n\nb) the arrival and final departure of dependant members of the families forming part\n                                                   of the households of the persons referred to in sub-paragraph a) of this article and,\n                                                   where appropriate, the fact that a person has ceased to form part of the household;\n\nc) the arrival and final departure of domestic employees of persons referred to in sub-paragraph\n                                                   a) of this article and, where appropriate, the fact that they are leaving the employ\n                                                   of such persons.\n\n2  The privileges and immunities granted to the respective categories of persons referred\n                                             to under paragraph I of this article shall be implemented upon arrival of such persons\n                                             and shall be repealed two weeks after notification to the Ministry that either the\n                                             person has terminated his function with the Coordination Office, or has ceased to\n                                             be a dependant member of the family forming part of the household of a person referred\n                                             to under paragraph 1, sub-paragraph a). In any case, privileges and immunities shall\n                                             be repealed immediately after final departure of the persons concerned.\n\n3  The Government shall issue to the Officials, to the dependant members of the families\n                                             forming part of the households of the Officials and to the domestic employees of the\n                                             Officials an identity card bearing the photograph of the holder. This card shall serve\n                                             to identify the holder in relation to the Host State authorities.\n\n1  In the event that the Coordination Office shall have established its own social security\n                                             system or shall adhere to a social security system offering comparable coverage to\n                                             the coverage under the legislation of the Netherlands, the Coordination Office and\n                                             its Officials to whom the aforementioned scheme applies, shall be exempt from social\n                                             security provisions in the Netherlands.\n\n2  The provisions of paragraph 1 of this article shall apply, mutatis mutandis, to the\n                                             dependant members of the families forming part of the households of the Officials,\n                                             unless they are employed otherwise than by the Coordination Office or self-employed\n                                             in the Netherlands or unless they receive social security benefits from the Kingdom\n                                             of Netherlands.\n\n1  Members of the family forming part of the household of the Officials shall be authorised\n                                             to engage in gainful employment in the Netherlands for the duration of the term of\n                                             office of the Officials concerned.\n\n2  The following persons are members of the family forming part of the household in\n                                             the sense of paragraph 1:\n\na) the spouses or registered partners of Officials of the Coordination Office;\n\nb) children of Officials of the Coordination Office who are under the age of 18;\n\nc) children of Officials of the Coordination Office aged 18 or over, but not older than\n                                                   27, provided that they formed part of the Official's household prior to their first\n                                                   entry into the Netherlands and still form part of this household, and that they are\n                                                   unmarried, financially dependent on the Official of the Coordination Office concerned\n                                                   and are attending education in the Netherlands.\n\n3  Persons mentioned in paragraph 2 of this Article who obtain gainful employment shall\n                                             have no immunity from criminal, civil or administrative jurisdiction with respect\n                                             to matters arising in the course of or in connection with such employment, provided\n                                             that measures of execution are taken without infringing the inviolability of their\n                                             person or of their residence, if they are entitled to such inviolability.\n\n4  In case of the insolvency of a person aged under 18 with respect to a claim arising\n                                             out of gainful employment of that person under this Article, the immunity of the official\n                                             of whose family the person concerned is a member shall be waived by the Coordination\n                                             Office for the purpose of settlement of the claim, in accordance with the provisions\n                                             of the applicable international legal instrument regarding waiver.\n\n5  The employment referred to in paragraph 1 of this Article shall be in accordance\n                                             with Netherlands legislation, including fiscal and social security legislation, unless\n                                             any other applicable international legal instrument provides otherwise.\"\n\nThe services and facilities to be provided by the Government are contained in the\n                                       Annex to this Agreement. The Executive Director of UNEP shall establish a trust fund\n                                       for the receipt and distribution of contributions in cash by the Government of the\n                                       Kingdom of the Netherlands in support of the Coordination Office.\n\n1  Any dispute between the Parties concerning the interpretation or application of this\n                                             Agreement shall be settled through negotiation or any other means agreed by the Parties.\n\n2  If the dispute cannot be settled through the means mentioned in paragraph 1 above\n                                             it may be submitted, at the request of any Party, to final and binding arbitration\n                                             in accordance with the Permanent Court of Arbitration Optional Rules for Arbitration\n                                             involving International Organisations and States of July 1996, as in effect on the\n                                             date of submission of the dispute to the Court. The number of arbitrators shall be\n                                             three.\n\n1  At the request of either Party, this Agreement as well as the Annex may be amended\n                                             by mutual consent at any time.\n\n2  Any such amendment may be effected by an exchange of Notes.\n\n1  The Agreement will be in effect for an initial period of five years after being signed\n                                             by the Parties. All services and facilities being offered by the Government are immediately\n                                             available for use by UNEP for the purposes agreed upon in this Agreement for the implementation\n                                             of the GPA.\n\n2  After an evaluation of the performance of the Coordination Office by the Parties,\n                                             extension of the Agreement after the initial period of five years will be negotiable\n                                             between the Parties.\n\n3  This Agreement shall be terminated in the event that the Coordination Office is transferred\n                                             from the territory of the Kingdom of the Netherlands or in the event that the Coordination\n                                             Office ceases to exist. The provisions of this Agreement relevant to the orderly termination\n                                             of the Coordination Office's operations in the Kingdom of the Netherlands and to the\n                                             disposal of its property shall remain applicable as long as necessary, but no longer\n                                             than six months after the Government has been notified by UNEP that the Coordination\n                                             Office will terminate its operation in the Kingdom of the Netherlands.\n\n4  Upon the termination of this Agreement, property, furniture, equipment and other\n                                             items that are made available by either UNEP or the Government will remain the property\n                                             of UNEP or of the Kingdom of the Netherlands, as the case may be.\n\n1  This Agreement shall enter into force on the first day of the second month after\n                                             the date of signing the Agreement.\n\n2  With respect to the Kingdom of the Netherlands, this Agreement shall apply to the\n                                             part of the Kingdom in Europe only.\n\nIN WITNESS WHEREOF the undersigned, duly authorized to that effect, have signed this\n                                    Agreement.\n\nDONE at The Hague on 24 November 1997, in duplicate in the English language.\n\nFor the Kingdom of the Netherlands\n\n(sd.) J. J. JONKER ROELANTS\n\nFor the United Nations Environment Programme\n\n(sd.) E. DOWDESWELL\n\nThe services and facilities to be provided by the Government are identified as follows:\n\n1.  For the Coordination Office, 300 square meters of space, to be subdivided into 6\u20138\n                                             offices, in a recently renovated (1994) office building shared by the National Institute\n                                             for Coastal and Marine Management (RIKZ) and the Coastal Zone Management Centre, located\n                                             in the centre of The Hague, with the option to provide for possible future growth\n                                             of the Coordination Office;\n\n2.  Use of all the facilities available within the complex, including admission security;\n                                             assistance from state-of-the-art visual design division; mail and archive facilities;\n                                             telephone reception facilities; (technical) office maintenance; computer facilities,\n                                             with access to a computer network and Internet, including support; electricity; heating;\n                                             water; free parking places; restaurant services; several meeting facilities; lecture/conference\n                                             hall (theatre set-up) with possible translation facilities; janitorial services; and\n                                             travel booking services;\n\n3.  The Government will prepare and equip the office space to be occupied by the Coordination\n                                             Office with ready-to-use office space; office equipment, including chairs, desks,\n                                             telephones, computers, cupboards and archive; telephone switchboard; kitchenette,\n                                             including coffee machine; and secretariat equipment;\n\n4.  The Government will provide operational costs of the Coordination Office (up to a\n                                             maximum of US$ 60,000 per year or its equivalent in Dfl) for telephone and fax costs;\n                                             maintenance of computers/computer network; photocopy machine; and postage costs;\n\n5.  Access to the infrastructure of expertise and training in the field of water quality\n                                             management, including but not limited to the following institutions of the national\n                                             government:\n\na) National Institute for Coastal and Marine Management (RIKZ) and National Institute\n                                                   for Inland Water Management and Waste Water Treatment (RIZA), of the Ministry of Transport,\n                                                   Public Works and Water Management;\n\nb) National Institute for Public Health and Environmental Protection (RIVM) of the Ministry\n                                                   of Housing, Spatial Planning and Environment;\n\nc) Netherlands Institute for Sea Research (NIOZ) of the Ministry of Education, Culture\n                                                   and Science;\n\nd) National Institute for Fisheries Research (RIVO) of the Ministry of Agriculture, Nature\n                                                   Management and Fisheries;\n\ne) Coastal Zone Management Centre (CZMC), a cooperative of the above Ministries, the\n                                                   Ministry of Economic Affairs and the Directorate-General for Development Cooperation."}