Title: wetten.nl - Regeling - Notawisseling tussen de Nederlandse en de Finse Regering houdende een verdrag inzake voorrechten en immuniteiten te verlenen aan verbindingsofficieren die vanwege de Finse Regering bij Europol te 's-Gravenhage worden tewerkgesteld - BWBV0001365

Source: https://wetten.overheid.nl/BWBV0001365/

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{"title": "wetten.nl - Regeling - Notawisseling tussen de Nederlandse en de Finse Regering houdende een verdrag inzake voorrechten en immuniteiten te verlenen aan verbindingsofficieren die vanwege de Finse Regering bij Europol te 's-Gravenhage worden tewerkgesteld - BWBV0001365", "content": "Notawisseling tussen de Nederlandse en de Finse Regering houdende een verdrag inzake\n                           voorrechten en immuniteiten te verlenen aan verbindingsofficieren die vanwege de Finse\n                           Regering bij Europol te 's-Gravenhage worden tewerkgesteld\n\nROYAL NETHERLANDS EMBASSY\n\nNo. HEL/999\n\nThe Embassy of the Kingdom of the Netherlands presents its compliments to the Ministry\n                                       of Foreign Affairs of the Republic of Finland and has the honour to propose with reference\n                                       to article 41, paragraph 2 of the Convention based on Article K.3 of the Treaty on\n                                       European Union, on the establishment of a European Police Office (Europol Convention,\n                                       26 July 1995) that the privileges and immunities necessary for the proper performance\n                                       of the tasks of the liaison officers at Europol be agreed upon as set out in the Attachment.\n\nIf this proposal is acceptable to the Ministry of Foreign Affairs of the Republic\n                                       of Finland, the Embassy proposes that this note and the affirmative note of the Ministry\n                                       of Foreign Affairs shall constitute an Agreement between the Government of the Kingdom\n                                       of the Netherlands and the Government of the Republic of Finland, which shall enter\n                                       into force on the first day of the second month following the date of receipt of the\n                                       Ministry's reply by the Embassy, or at the date on which the Europol Convention enters\n                                       into force, whichever is last.\n\nThe Royal Netherlands Embassy avails itself of this opportunity to renew to the Ministry\n                                       for Foreign Affairs of the Republic of Finland the assurances of its highest consideration.\n\nHelsinki, 9 December 1998\n\nMinistry for Foreign Affairs\n\nof the Republic of Finland\n\nHelsinki\n\nIn this Agreement:\n\na) \u201cLiaison officer\u201d means: any official seconded to Europol in accordance with Article\n                                             5 of the Europol Convention;\n\nb) \u201cGovernment\u201d means the Government of the Kingdom of the Netherlands;\n\nc) \u201cHost State authorities\u201d means such State, municipal or other authorities of the Kingdom\n                                             of the Netherlands as may be appropriate in the context of and in accordance with\n                                             the laws and customs applicable in the Kingdom of the Netherlands;\n\nd) \u201cMember State\u201d means the Republic of Finland;\n\ne) \u201cArchives of the liaison officer\u201d means all records, correspondence, documents, manuscripts,\n                                             computer and media data, photographs, films, video and sound recordings belonging\n                                             to or held by the liaison officer, and any other similar material which in the unanimous\n                                             opinion of the Member State and the Government forms part of the archives of the liaison\n                                             officer.\n\n1 Subject to the provisions of this Agreement, the liaison officer and members of his\n                                             family who form part of his household and do not possess Dutch nationality, shall\n                                             enjoy in and vis-\u00e0-vis the Kingdom of the Netherlands the same privileges and immunities\n                                             as are conferred on members of the diplomatic staff by the Vienna Convention on Diplomatic\n                                             Relations of 18 April 1961.\n\n2  The immunity granted to persons mentioned in paragraph 1 of this Article shall not\n                                             extend to either:\n\ni) civil action by a third party for damages, including personal injury or death, arising\n                                                   from a traffic accident caused by any such person, and is without prejudice to Article\n                                                   32 of the Europol Convention; or\n\nii) criminal and civil jurisdiction over acts performed outside the course of their official\n                                                   duties.\n\n3  The obligations of Sending States and their personnel that apply under the Vienna\n                                             Convention to members of the diplomatic staff, shall apply to the persons referred\n                                             to in paragraph 1 of this Article.\n\n1  The Government shall facilitate, if necessary, the entry, stay and departure of the\n                                             liaison officer and members of his family forming part of the household.\n\n2  This Article shall not prevent the requirement of reasonable evidence to establish\n                                             that persons claiming the treatment provided for under this Article come within the\n                                             classes described in paragraph 1 of this Article.\n\n3  Visas which may be required by persons referred to in this Article shall be granted\n                                             without charge and as promptly as possible.\n\nMembers of the family forming part of the household of the liaison officer not having\n                                       the nationality of an EU Member State shall be exempt from the obligation to obtain\n                                       working permits for the duration of the secondment of the liaison officer.\n\nThe archives of the liaison officer wherever located and by whomsoever held shall\n                                       be inviolable.\n\nThe Host State authorities shall, if so requested by the Member State, take all reasonable\n                                       steps in accordance with their national laws to ensure the necessary safety and protection\n                                       of the liaison officer, as well as members of his family who form part of his household,\n                                       whose security is endangered due to the performance of the tasks of the liaison officer\n                                       at Europol.\n\n1  The Government shall permit the liaison officer to communicate freely and without\n                                             a need for special permission, for all official purposes, and shall protect the right\n                                             of the liaison officer to do so. The liaison officer shall have the right to use codes\n                                             and to dispatch and receive official correspondence and other official communications\n                                             by courier or in sealed bags which shall be subject to the same privileges and immunities\n                                             as diplomatic couriers and bags.\n\n2  The liaison officer shall, as far as may be compatible with the International Telecommunications\n                                             Convention of 6 November 1982, for his official communications enjoy treatment not\n                                             less favourable than that accorded by the Kingdom of the Netherlands to any international\n                                             organisation or government, in the matter of priorities for communication by mail,\n                                             cable, telegraph, telex, radio, television, telephone, fax, satellite, or other means.\n\n1  The Member State shall promptly notify the Government of the name of the liaison\n                                             officer, his arrival and his final departure or the termination of his secondment\n                                             as well as the arrival and final departure of the members of the family forming part\n                                             of the household and, where appropriate, the fact that a person has ceased to form\n                                             part of the household.\n\n2  The Government shall issue to the liaison officer and members of his family forming\n                                             part of the household, an identification card bearing the photograph of the holder.\n                                             This card shall serve to identify the holder in relation to all Host State authorities.\n\n1  Any dispute between the Member State and the Government concerning the interpretation\n                                             or application of this Agreement, or any question affecting the liaison officer or\n                                             the relationship between the Member State and the Government which is not settled\n                                             amicably, shall be referred for final decision to a tribunal of three arbitrators,\n                                             at the request of the Member State or the Government. Each party shall appoint one\n                                             arbitrator. The third, who shall be chairman of the tribunal, is to be chosen by the\n                                             first two arbitrators.\n\n2  If one of the parties fails to appoint an arbitrator within two months following\n                                             a request from the other party to make such an appointment, the other party may request\n                                             the President of the Court of Justice of the European Communities or in his absence\n                                             the Vice-President, to make such an appointment.\n\n3  Should the first two arbitrators fail to agree upon the third within two months following\n                                             their appointment, either party may request the President of the Court of Justice\n                                             of the European Communities, or in his absence the Vice-President, to make such appointment.\n\n4  Unless the parties agree otherwise, the tribunal shall determine its own procedure.\n\n5  The tribunal shall reach its decision by a majority of votes. The Chairman shall\n                                             have a casting vote. The decision shall be final and binding on the Parties to the\n                                             dispute.\n\nWith respect to the Kingdom of the Netherlands, this Agreement shall apply to the\n                                       part of the Kingdom in Europe only.\n\nThis Agreement shall replace the Agreement governing the status of personnel seconded\n                                       to the Europol Drugs Unit in The Hague of 15 May 1996/24 June 1996.\n\nMINISTRY FOR FOREIGN AFFAIRS OF FINLAND\n\nHELD034-55\n\nVerbal Note\n\nThe Ministry for Foreign Affairs present their compliments to the Embassy of the Kingdom\n                                       of the Netherlands and have the honour to acknowledge the receipt of the Embassy's\n                                       Note, dated 9 December 1998, which reads as follows:\n\n[Red: (Zoals in Nr. I)]\n\nIn reply, the Ministry for Foreign Affairs have the honour to confirm that the foregoing\n                                       proposal is acceptable to the Government of the Republic of Finland and that the Embassy's\n                                       Note and this reply shall constitute an Agreement between the Government of the Republic\n                                       of Finland and the Government of the Kingdom of the Netherlands, which shall enter\n                                       into force, due to the entry into force of the Europol Convention on 1 October 1998,\n                                       on the first day of the second month following the date of receipt of the Ministry's\n                                       reply by the Embassy.\n\nFurthermore, the Ministry for Foreign Affairs would appreciate if the Embassy could\n                                       confirm to the Ministry the date of receipt of the Ministry's reply.\n\nThe Ministry for Foreign Affairs avail themselves of this opportunity to renew to\n                                       the Embassy of the Kingdom of the Netherlands the assurance of their highest consideration.\n\nHelsinki, 21 December 1998\n\nTo the Embassy of the Kingdom of the Netherlands\n\nHelsinki"}