Title: wetten.nl - Regeling - Notawisseling houdende een verdrag tussen het Koninkrijk der Nederlanden en het Milieuprogramma van de Verenigde Naties (UNEP) inzake de "Twentieth Intergovernmental meeting on the Action Plan for the Caribbean Environment Programme" en de "Seventeenth Conference of Parties to the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region", te Oranjestad, Aruba , 3 - 6 oktober 2023 - BWBV0007008

Source: https://wetten.overheid.nl/BWBV0007008/

Content:
{"title": "wetten.nl - Regeling - Notawisseling houdende een verdrag tussen het Koninkrijk der Nederlanden en het Milieuprogramma van de Verenigde Naties (UNEP) inzake de \"Twentieth Intergovernmental meeting on the Action Plan for the Caribbean Environment Programme\" en de \"Seventeenth Conference of Parties to the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region\", te Oranjestad, Aruba , 3 - 6 oktober 2023 - BWBV0007008", "content": "Notawisseling houdende een verdrag tussen het Koninkrijk der Nederlanden en het Milieuprogramma\n                           van de Verenigde Naties (UNEP) inzake de \"Twentieth Intergovernmental meeting on the\n                           Action Plan for the Caribbean Environment Programme\" en de \"Seventeenth Conference\n                           of Parties to the Convention for the Protection and Development of the Marine Environment\n                           of the Wider Caribbean Region\", te Oranjestad, Aruba , 3 - 6 oktober 2023\n\nUNITED NATIONS ENVIRONMENT PROGRAMME\n\n2 October 2023\n\nReference: EO/2023/\n\nThe United Nations Environment Programme (hereinafter referred to as \u201cUNEP\u201d) presents\n                                       its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands\n                                       and has the honour to refer to its acceptance of the invitation of the Government\n                                       of Aruba (hereinafter referred to as the \u201cGovernment\u201d) to hold the Twentieth Intergovernmental\n                                       meeting on the Action Plan for the Caribbean Environment Programme (IGM20) and the\n                                       Seventeenth Conference of Parties to the Convention for the Protection and Development\n                                       of the Marine Environment of the Wider Caribbean Region (COP17; the \u201cCartagena Convention\u201d)\n                                       in Aruba from 3 \u2013 6\u00a0October 2023, (the \u201cMeeting\u201d).\n\nUNEP has the honor to transmit to the Government the following arrangements for the\n                                       hosting of the Meeting:\n\nDate and place of the Meeting\n\n1. The Meeting shall be held at the Renaissance Convention Center in Oranjestad, Aruba,\n                                             from 3\u00a0October 2023 to 5\u00a0October 2023, and in the ballroom of the Hilton Caribbean\n                                             Resort & Casino on 6\u00a0October 2023.\n\nAttendance at the Meeting\n\n2. The participants of the Meeting (the \u201cParticipants\u201d) shall be invited by the Executive\n                                             Secretary of the Secretariat of the Cartagena Convention, and will include:\n\na) Representatives or their designated representatives of the Member States and Territories\n                                                   participating in the Caribbean Environment Programme and the Commission of the European\n                                                   Union.\n\nb) Representatives of other States that have demonstrated concern for the protection\n                                                   of the marine environment of the Wider Caribbean Region;\n\nc) Representatives of Member States of the United Nations participating or interested\n                                                   in the Assessment and Management of the Environmental Pollution Sub-Programme;\n\nd) Representatives of the United Nations, its intergovernmental organs, and its specialized\n                                                   and related agencies participating or interested in the Assessment and Management\n                                                   of the Environmental Pollution Sub-Programme;\n\ne) Selected regional and international experts on land-based sources of marine pollution\n                                                   and Members of selected non-governmental and other intergovernmental organizations;\n\nf) UNEP staff members (officials and experts on mission); and\n\ng) Other persons and/or organizations, donors and the private sector.\n\n3. In addition, the Executive Secretary of UNEP CAR/RCU, shall designate officials to\n                                             service the Meeting (\u201cUNEP CAR/RCU designated officials\u201d).\n\nPremises, equipment, utilities, and supplies\n\n4. The Government shall provide, at its own expense, the necessary premises, including\n                                             conference rooms, office space, and related facilities to this Agreement (the \u201cPremises\u201d).\n                                             The Government shall, at its own expense, furnish, equip, and maintain in good repair\n                                             the Premises for the effective conduct of the Meeting. The conference rooms shall\n                                             be equipped with WIFI. The Premises shall remain available to UNEP 12\u00a0hours a day,\n                                             from at least one day before the Meeting until closing of the conference.\n\n5. The Government shall provide the equipment for reciprocal simultaneous interpretation\n                                             between three languages. The conference rooms shall have facilities for sound recording\n                                             in that number of languages and for press, television, radio, and film operations,\n                                             to the extent required by the United Nations.\n\n6. The Government shall provide on the Premises, a business centre equipped, as well\n                                             as appropriate eating facilities, for the use of Participants on a commercial basis.\n\n7. For the purpose of the Meeting, the Premises shall be deemed to constitute premises\n                                             of the United Nations in the sense of Article II, Section 3, of the Convention on the Privileges and Immunities of the United\n                                                Nations, and access thereto will be subject to UNEP authority and control. The Premises,\n                                             including any information and communications facilities located thereon, will be inviolable\n                                             for the whole period during which the Premises are at the UNEP CAR/RCU\u2019s disposal.\n\n8. The Government, at its own expense, shall make arrangements for hospitality including\n                                             tea and coffee breaks and a host reception during the period of the Meeting, for Participants.\n\nTravel, Accommodation, and Interpretation\n\n9. The Government shall cover the costs through the financial contribution of the Government\n                                             of the Netherlands granted on 1\u00a0August 2023 of the travel and accommodation of representatives\n                                             of invited Parties attending the meeting.\n\n10. The Government shall cover the costs through the financial contribution of the Government\n                                             of the Netherlands granted on 1\u00a0August 2023 in support of meeting requirements and\n                                             supporting services.\n\nMedical facilities\n\n11. The Government shall ensure availability/proximity of medical facilities for emergency\n                                             first-aid and immediate transportation and admission to hospitals in case of serious\n                                             emergencies. The Government shall ensure immediate transportation and admission to\n                                             hospitals in case of serious emergencies.\n\nTransport\n\n12. The Government shall provide information on the availability of transport, as well\n                                             as location of medical centers and emergency numbers for UNEP to make available to\n                                             Participants.\n\nPolice protection\n\n13. The Government shall furnish at its own expense such police protection as may be required\n                                             to ensure the efficient functioning of the Meeting in an atmosphere of security and\n                                             tranquillity free from interference of any kind. While such police services shall\n                                             be under the direct supervision and control of a senior officer to be provided by\n                                             the Government, this officer will work in close cooperation with a designated official\n                                             of UNEP CAR/RCU.\n\n14. Security arrangements provided through such police services shall satisfy the security\n                                             standards as applicable in Aruba.\n\nLocal personnel\n\n15. The Government shall appoint a liaison officer who shall be responsible, in consultation\n                                             with UNEP, for making and carrying out the administrative, communications, personnel\n                                             and logistical arrangements for the Meeting and related events as required under this\n                                             Agreement. The liaison officer shall lead a coordination team consisting of personnel\n                                             provided by the Government, who shall work closely with UNEP CAR/RCU designated officials.\n\n16. The Government, at its own expense shall provide local support personnel necessary\n                                             for the effective functioning of the Meeting, in close collaboration with UNEP designated\n                                             officials. Some of these personnel will be available at least 2\u00a0days before the opening\n                                             of the Meeting and until closing of the conference.\n\nFinancial arrangements\n\n17. The Government, in addition to the financial obligations provided for elsewhere in\n                                             this Agreement, shall, in accordance with General Assembly resolution 31/140, section\n                                             I, paragraph 5, bear the actual additional costs directly or indirectly involved in\n                                             holding the Meeting in Aruba rather than at Nairobi. Such costs, which are provisionally\n                                             estimated at $US 381,450, shall include, but not be restricted to, the actual additional\n                                             costs of travel and staff entitlements of UNEP members (including designated officials),\n                                             for the Meeting and for a planning mission. UNEP shall make the arrangements for the\n                                             travel of UNEP members in accordance with the UN Staff Regulations and Rules and its\n                                             related administrative practices regarding travel standard, baggage allowances, subsistence\n                                             payments and terminal expenses.\n\n18. The Government has deposited to the credit of the UNEP Cartagena Convention Trust\n                                             Fund Account the sum of $US 381,450, representing the total estimated costs referred\n                                             to in paragraph 17. If necessary, the Government shall make further advances as requested\n                                             by UNEP so that the latter shall not at any time have to finance temporarily from\n                                             its cash resources the extra costs that are the Government\u2019s responsibility. The Government\u2019s\n                                             deposit and any advances shall be used only to pay the obligations of UNEP in respect\n                                             of the Meeting.\n\n19. Within three months after the Meeting, UNEP shall give the Government a detailed set\n                                             of accounts showing the actual additional costs incurred by UNEP and to be borne by\n                                             the Government pursuant to paragraph 18. These costs shall be expressed in United\n                                             States dollars, using the United Nations official rate of exchange at the time the\n                                             payments are made. UNEP, based on this detailed set of accounts, shall refund to the\n                                             Government any funds unspent out of the deposit or the advances required by paragraph\n                                             17. Should the actual additional costs exceed the deposit, the Government shall remit\n                                             the outstanding balance within one month of the receipt of the detailed accounts.\n\n20. The final accounts shall be subject to audit as provided in the Financial Regulations\n                                             and Rules of the UN, and the final adjustment of accounts will be subject to any observations\n                                             which may arise from the audit carried out by the United Nations Board of Auditors,\n                                             whose determination will be accepted as final by UNEP CAR/RCU and the Government of\n                                             the Netherlands.\n\nLiability\n\n21. The Government shall be responsible for dealing with any action, claim or other demand\n                                             against the United Nations, UNEP or its members arising out of:\n\na) Injury to persons or damage to or loss of property in the Premises; and\n\nb) Injury to persons or damage to or loss of property caused by, or incurred in using,\n                                                   any transport services that are provided for the Meeting by or under the control of\n                                                   the Government; and\n\nc) The employment for the Meeting of the personnel provided by the Government under paragraphs\n                                                   15 and 16.\n\n22. The Government shall indemnify and hold harmless the United Nations, UNEP, and any\n                                             of its members in respect of any such action, claim or other demand, except where\n                                             the Government and the Secretary-General of the United Nations agree that such action,\n                                             claim, or other demand arises from the gross negligence or wilful misconduct of UNEP\n                                             members.\n\nPrivileges and immunities\n\n23. The Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly on 13\u00a0February 1946, to which the Kingdom of the\n                                             Netherlands is a party, shall be applicable in respect of the Meeting. In particular,\n\na) Representatives of States shall enjoy the privileges and immunities provided under\n                                                   Article IV of the Convention;\n\nb) Officials of the United Nations, including UNEP, participating in, or performing functions\n                                                   in connection with the Meeting shall enjoy the privileges and immunities provided\n                                                   under Articles V and VII of the Convention; and\n\nc) All other Participants shall enjoy the privileges and immunities accorded to experts\n                                                   on mission for the United Nations under Articles VI and VII of the Convention.\n\n24. The Representatives of the specialized and related agencies of the United Nations\n                                             shall, as appropriate, enjoy the privileges and immunities provided by the Convention on the Privileges and Immunities of the Specialized Agencies, adopted by the General Assembly on 21\u00a0November 1947, or the Agreement on the Privileges and Immunities of the International Atomic Energy Agency of 1\u00a0July 1959.\n\n25. Without prejudice to the preceding paragraphs, all Participants shall enjoy such privileges\n                                             and immunities, facilities, and courtesies as are necessary for the independent exercise\n                                             of their functions in connection with the Meeting.\n\n26. Personnel provided for the Meeting by the Government pursuant to this Agreement shall\n                                             enjoy immunity from legal process in respect of words spoken or written and any act\n                                             performed by them in their official capacity in connection with the Meeting.\n\nRight of entry and exit\n\n27. All Participants and UNEP designated officials shall have the right of unimpeded entry\n                                             into and exit from Aruba, provided that the conditions governing the entry are fulfilled.\n                                             Visas, entry and exit permits, where required, shall be granted free of charge and\n                                             as speedily as possible, provided that visa applicant information is received within\n                                             a reasonable time to process them. When related applications are made four weeks before\n                                             the opening of the Meeting, visas shall be granted not later than two weeks before\n                                             the date of the Meeting\u2019s opening. If related applications are made less than four\n                                             weeks before the opening of the Meeting, the visa shall be granted as speedily as\n                                             possible. The Government, however, reserves the right to deny, irrespective of nationality,\n                                             visas to individual participants in accordance with the rules and regulations applicable.\n\n28. The Government shall provide a letter to support visa and permit applications for\n                                             all Participants and UNEP designated officials. All participants and UNEP designated\n                                             officials are responsible to ensure visa applications are submitted fifteen business\n                                             days before the opening of the Meeting. The UNEP Secretariat shall communicate a list\n                                             of visa applicants to the Government in order to be able to follow up internally and\n                                             grant visas, where possible, and within reasonable time if the application was submitted\n                                             timely.\n\nImport and export\n\n29. Pursuant to Article II, Section 7, of the Convention on the Privileges and Immunities of the United\n                                                Nations, the Government shall allow, free of prohibitions and restrictions, the temporary\n                                             importation and exportation of all documents, publications, and equipment, including\n                                             technical equipment accompanying interpreters and/or representatives of information\n                                             media. The Government shall waive any import or other duties and taxes on equipment\n                                             and supplies required for the Meeting and shall issue without delay any necessary\n                                             import and export permits for this purpose.\n\n30. All persons referred to in paragraphs 2 and 3 of this Agreement shall have the right\n                                             to take out of Aruba at the time of their departure, without any restriction, any\n                                             unexpended portions of the funds they brought into Aruba in connection with the Meeting.\n\nSettlement of disputes\n\n31. Any dispute concerning the interpretation or the application of this Agreement, except\n                                             for a dispute subject to Section 30 of the Convention on the Privileges and Immunities of the United Nations or of any other applicable agreement, shall, unless the Parties otherwise agree,\n                                             be resolved by negotiations or any other agreed mode of settlement. Any such dispute\n                                             that is not so settled shall be submitted at the request of a Party for a final decision\n                                             to a tribunal of three arbitrators, one who shall be appointed by the Secretary-General\n                                             of the United Nations; one by the Government; and the third, who will be the Chairman,\n                                             by the other two arbitrators.\n\n32. If one Party does not appoint an arbitrator within three months of the other Party\n                                             having notified the name of its arbitrator, or if the first two arbitrators do not\n                                             within three months of the appointment or nomination of the second one of them appoint\n                                             a Chairman, then such arbitrator shall be nominated by the President of the International\n                                             Court of Justice at the request of a Party to the dispute. Except as otherwise agreed\n                                             by the Parties, the tribunal shall adopt its own rules of procedure, provide for the\n                                             reimbursement of its members and the distribution of expenses between the Parties,\n                                             and take all decisions by a two-thirds majority. Its decision on all questions of\n                                             procedure and substance shall be final and, even if rendered in default of one of\n                                             the Parties, be binding on all of them.\n\nFinal provisions\n\n33. This Agreement may be modified by written agreement of the Parties. Any relevant matter\n                                             for which no provision is made in this Agreement shall be settled by the Parties in\n                                             keeping with the relevant resolutions and decisions of the appropriate organs of the\n                                             United Nations. Each Party shall give full and sympathetic consideration to any proposal\n                                             advanced by the other Party under this paragraph.\n\n34. The Annex to this Agreement constitutes a part of this Agreement.\n\n35. This Agreement shall enter into force on the day of its signature and shall remain\n                                             in force for the duration of the Meeting and until all obligations under the Agreement\n                                             are fulfilled. The total duration of the Agreement shall not exceed one year.\n\nIf the foregoing is acceptable to the Government, this Note and the Ministry\u2019s Note\n                                       in reply shall constitute an Agreement between the Kingdom of the Netherlands and\n                                       UNEP concerning the holding of the Meeting.\n\nUNITED NATIONS ENVIRONMENT PROGRAMME\n\nEnclosure:\n\nAnnex 1: Meeting Cost Estimates for the Government and the Government of the Netherlands\n\nMinistry of Foreign Affairs of the Kingdom of the Netherlands\n\nThe Hague\n\nExpenditure Item\n\nCash Contribution from the Government and the Government of the Netherlands pursuant\n                                                      to paragraphs 17 and 18\n\n(Estimates in USD)\n\nTravel and accommodation of participants\n\n253,566\n\nSupplies, Promotional Materials, Printing, and Stationery\n\n13,500\n\nInterpreter\u2019s \u2013 interpretations services 4\u00a0days 2nd - 5th\u00a0October and 6th October during the HL\n\nTranslation Services\n\n58,000\n\nContingency 3.3%\n\n12,500\n\nUN Administrative costs 13%\n\n43,884\n\nTotal\n\n381,450\n\nMINISTRY OF FOREIGN AFFAIRS OF THE KINGDOM OF THE NETHERLANDS\n\n5 October 2023\n\nReference: Min-BuZa.2023.19864-13\n\nThe Ministry of Foreign Affairs of the Kingdom of the Netherlands presents its compliments\n                                       to the United Nations Environment Programme and has the honour to acknowledge receipt\n                                       of UNEP\u2019s Note EO/2023/ of 2\u00a0October 2023, which reads as follows:\n\n[Red: (Zoals in Nr. I)]\n\nThe Ministry has the honour to inform the United Nations Environment Programme that\n                                       the proposal is acceptable to the Ministry. The Ministry accordingly agrees that UNEP\u2019s\n                                       Note and this reply shall constitute an Agreement between the United Nations Environment\n                                       Programme and the Kingdom of the Netherlands, which shall enter into force on 5\u00a0October\n                                       2023.\n\nThe Ministry of Foreign Affairs of the Kingdom of the Netherlands avails itself of\n                                       this opportunity to renew to the United Nations Environment Programme the assurances\n                                       of its highest consideration.\n\nMINISTRY OF FOREIGN AFFAIRS OF THE KINGDOM OF THE NETHERLANDS\n\nUnited Nations Environment Programme\n\nNairobi"}