Title: wetten.nl - Regeling - Overeenkomst tussen het Koninkrijk der Nederlanden en het Technisch Centrum voor landbouwsamenwerking en plattelandsontwikkeling - BWBV0002170

Source: https://wetten.overheid.nl/BWBV0002170/

Content:
{"title": "wetten.nl - Regeling - Overeenkomst tussen het Koninkrijk der Nederlanden en het Technisch Centrum voor landbouwsamenwerking en plattelandsontwikkeling - BWBV0002170", "content": "Overeenkomst tussen het Koninkrijk der Nederlanden en het Technisch Centrum voor landbouwsamenwerking\n                           en plattelandsontwikkeling\n\n[Regeling vervallen per 01-12-2021]\n\nThe Government of the Kingdom of the Netherlands and the Technical Centre for Agricultural\n                                       and Rural Co-operation,\n\nConsidering that the Second ACP-EEC Convention, hereinafter referred to as \u201cthe Convention\u201d,\n                                       signed at Lom\u00e9 on 31 October 1979, to which the Kingdom of the Netherlands is a Party,\n                                       has created in its Article 88 a Technical Centre for Agricultural and Rural Co-operation,\n\nConsidering that pursuant to the Decision No. 1/83 of the ACP-EEC Committee of Ambassadors\n                                       of 8 June 1983 the said Centre has its seat in the region of Wageningen (the Netherlands),\n                                       and Protocol No. 3 on privileges and immunities together with the declaration of the\n                                       Community, phrased in Annex XL to the Convention, is applicable to the Centre,\n\nHave agreed as follows:\n\n[Regeling vervallen per 01-12-2021]\n\nFor the purpose of this Agreement:\n\na) \u201dCentre\u201d means the Technical Centre for Agricultural and Rural Co-operation;\n\nb) \u201cGovernment\u201d means the Government of the Kingdom of the Netherlands;\n\nc) \u201cStaff Member\u201d means the Director of the Centre, the Technical adviser deputy to the\n                                             Director, and all persons appointed by the Centre under the Centre's staff regulations,\n                                             other than persons for supporting services assigned to hourly rates of pay;\n\nd) \u201cPremises of the Centre\u201d means the buildings and the land ancillary thereto used for\n                                             the official purpose of the Centre;\n\ne) \u201cOfficial activities of the Centre\u201d means the Centre's activities pursuant to the\n                                             Convention.\n\n[Regeling vervallen per 01-12-2021]\n\nThe Centre shall enjoy the most extensive legal capacity accorded to legal persons.\n                                       It shall in particular have the capacity:\n\na) to contract;\n\nb) to acquire and dispose of immovable and movable property;\n\nc) to be a party to legal proceedings.\n\n[Regeling vervallen per 01-12-2021]\n\nThe premises of the Centre shall be inviolable. Any person authorized to enter any\n                                       place under any legal provision or on the strength of the law as described in Article\n                                       18 of this Agreement shall not exercise that authority in respect of the premises\n                                       of the Centre unless permission to do so has been given by or on behalf of the Director.\n                                       Such permission shall be assumed in case of fire or other disaster requiring prompt\n                                       protective action. In other cases the Director or the person acting on his behalf\n                                       shall give permission if it is possible to do so without prejudicing the interests\n                                       of the Centre.\n\n[Regeling vervallen per 01-12-2021]\n\nThe archives of the Centre shall be inviolable. The term \u201carchives\u201d includes all records,\n                                       correspondance, documents, manuscripts, photographs, films and recordings belonging\n                                       to or held by the Centre, wherever located.\n\n[Regeling vervallen per 01-12-2021]\n\n1 Within the limits of its official activities the Centre shall have immunity from jurisdiction\n                                             and execution except:\n\na. to the extent that the Centre shall have expressly waived such immunity in a particular\n                                                   case;\n\nb. in respect of a civil action by a third party for damage arising from an accident\n                                                   caused by a motor vehicle belonging to or operated on behalf of the Centre or in respect\n                                                   of a motor traffic offence involving such a vehicle;\n\nc. in respect of an enforcement of an arbitration award made under Article 20 of this\n                                                   Agreement;\n\nd. in the event of the attachment, pursuant to a decision by the judicial authorities,\n                                                   of the salaries and emoluments owed by the Centre to a Staff Member.\n\n2 The Centre's property and assets wherever situated shall be immune from any form of\n                                             requisition, confiscation, expropriation and sequestration. They shall also be immune\n                                             from any form of administrative or provisional judicial constraint, except insofar\n                                             as may be temporarily necessary in connection with the prevention of, and investigation\n                                             into, accidents involving motor vehicles belonging to, or operated on behalf of the\n                                             Centre.\n\n[Regeling vervallen per 01-12-2021]\n\n1 Within the scope of its official activities, the Centre, its property and income shall\n                                             be exempt from all direct taxes.\n\n2 Within the scope of its official activities, the Centre shall be accorded a refund\n                                             of car tax and value added tax payed on the purchase of motor cars, and value added\n                                             tax payed on the supply of goods or services of substantial value. The Centre shall\n                                             be accorded a refund of the excise duty element included in the price of spirits and\n                                             hydrocarbons such as fuel oils and motor fuels purchased by the Centre for official\n                                             use.\n\n3 The motor vehicles registered for the Centre shall, on request, be exempt from motor\n                                             vehicle tax.\n\n4 The Centre shall be\n\na. exempt from customs duties and prohibitions on imports and exports in respect of articles\n                                                   imported or exported by the Centre for its official use;\n\nb. exempt from customs duties and prohibitions and restrictions on imports and exports\n                                                   in respect of its publications.\n\n5 No exemption shall be accorded in respect of taxes and duties which represent charges\n                                             for specific services rendered.\n\n6 Goods, with the exception of documents and publications, exempted under this Article\n                                             shall not be transferred, hired out or lent, permanently or temporarily, or sold,\n                                             except in accordance with conditions agreed to with the Government.\n\n7 No privileges shall be accorded in respect of goods acquired by, or services provided\n                                             to the Centre for the personal benefit of Staff Members.\n\n[Regeling vervallen per 01-12-2021]\n\nWithout being restricted by financial controls, regulations or moratoria of any kind,\n                                       the Centre may for any of its official activities\n\na. receive and hold funds, currency, cash or securities of any kind and operate in any\n                                             currency;\n\nb. freely transfer its funds, currency, cash or securities and convert any currency held\n                                             by it into any other currency.\n\n[Regeling vervallen per 01-12-2021]\n\n1 For its offical communications the Centre shall enjoy treatment not less favorable\n                                             than that accorded by the Netherlands to other international organizations.\n\n2 No censorship shall be applied to official communications of the Centre by whatever\n                                             means of communication.\n\n[Regeling vervallen per 01-12-2021]\n\nThe transmission of publications and other information material sent by or the Centre\n                                       shall not be restricted in any way.\n\n[Regeling vervallen per 01-12-2021]\n\nThe Government shall facilitate the entry, stay and departure of the Representatives\n                                       of the Parties to the Convention, taking part in the work of the Centre, and of their\n                                       technical advisers and experts. They shall be accorded the same privileges in respect\n                                       of exchange facilities as are accorded to Staff Members of the Centre.\n\n[Regeling vervallen per 01-12-2021]\n\nIn addition to the privileges and immunities provided for in Article 12 of this Agreement,\n                                       the Director and the Technical adviser deputy to the Director, unless in either case\n                                       he is a Netherlands national or a permanent resident of the Netherlands, shall enjoy\n                                       the privileges and immunities to which a diplomatic agent is entitled.\n\n[Regeling vervallen per 01-12-2021]\n\nThe Staff Members of the Centre shall\n\na. have, even after they have left the service of the Centre, immunity from jurisdiction\n                                             in respect of words spoken or written and all acts performed by them in their official\n                                             capacity and within the limits of their authority.\n\nThis immunity shall not apply in the case of a motor traffic offense committed by\n                                             a Staff Member, nor in the case of damage caused by a motor vehicle belonging to or\n                                             driven by a Staff Member;\n\nb. enjoy inviolability for all their official papers and documents;\n\nc. enjoy, together with the members of their families forming part of their households,\n                                             the same repatriation facilities in time of international crises as diplomatic agents;\n\nd. be accorded the same treatment in respect of exchange facilities as is accorded by\n                                             the Netherlands to Staff Members of other international organizations;\n\ne. have the right to import free of duty their household effects and personal belongings,\n                                             including one motor vehicle at the time of first taking up their functions in the\n                                             Netherlands and have the right to export them free of duty on termination of their\n                                             functions in the Netherlands, in both cases in accordance with the law and regulations\n                                             of the Netherlands.\n\n[Regeling vervallen per 01-12-2021]\n\n1 Non-Netherlands Staff Members of the Centre\n\na. shall enjoy exemption from aliens' registration formalities and shall not require\n                                                   a residence permit provided that they hold the personal identity card referred to\n                                                   in paragraph 2 of this Article; the same shall apply to non-Netherlands members of\n                                                   their families forming part of their households;\n\nb. shall not require a work permit.\n\n2 The Staff Members of the Centre and non-Netherlands members of their families forming\n                                             part of their households shall hold a personal identity card issued by the Centre\n                                             stating names, date and place of birth, nationality, number of passport (aliens only),\n                                             and bearing photograph and signature. The identity cards shall be authenticated by\n                                             the Ministry of Foreign Affairs of the Kingdom of the Netherlands.\n\n[Regeling vervallen per 01-12-2021]\n\n1 Subject to the conditions and following the procedure laid down by the ACP-EEC Committee\n                                             of Ambassadors and agreed with the Government the Director and the other Staff Members\n                                             shall be subject to a tax, for the benefit of the Centre, on salaries and emoluments\n                                             paid by the Centre. From the date on which this tax is applied such salaries and emoluments\n                                             shall be exempt from Netherlands income tax.\n\n2 The Government shall retain the right to take these salaries and emoluments into account\n                                             when assessing the amount of tax to be applied to income from other sources.\n\n3 In the event that the Centre operates a system for the payment of pensions and annuities\n                                             to its former Staff Members and their dependents, the provisions of paragraph 1 of\n                                             this Article shall not apply to such pensions and annuities.\n\n[Regeling vervallen per 01-12-2021]\n\n1 Provided the Centre establishes its own social security scheme or adheres to a social\n                                             security scheme, the Centre, the Director and the other Staff Members shall be exempt\n                                             from all compulsory contributions to the Netherlands social security organizations.\n                                             Consequently, they shall not be covered against the risks described in the Netherlands\n                                             social security regulations.\n\n2 Staff members who were already subject to the Netherlands social security scheme shall\n                                             have the right to choose within six months after their appointment between remaining\n                                             liable to the Netherlands social security scheme or adhering to the social security\n                                             scheme of the Centre. In the latter case the provisions of paragraph 1 of this Article\n                                             are applicable. This right of option, which may be exercised only once, shall take\n                                             effect from the date of entry into employment.\n\n[Regeling vervallen per 01-12-2021]\n\n1 The Centre shall inform the Government of the appointment and dismissal of the Staff\n                                             Members individually.\n\n2 The Centre shall communicate to the Government from time to time the regulations applicable\n                                             to the Staff Members as well as their names, functions and addresses. The Centre shall\n                                             also communicate to the Government the options referred to in Article 15 paragraph\n                                             2.\n\n[Regeling vervallen per 01-12-2021]\n\n1 The privileges and immunities accorded in this Agreement to the Staff Members of the\n                                             Centre are provided to ensure in all circumstances the unimpeded functioning of the\n                                             Centre and the complete independence of the persons to whom they are accorded.\n\n2 The Director or in his absence the Technical adviser deputy to the Director has the\n                                             right and the duty to waive such immunities (other than their own) in any case where\n                                             the immunity would impede the course of justice, and where it can be waived without\n                                             prejudice to the interests of the Centre.\n\nIn respect of the Director and the Technical adviser deputy to the Director the ACP-EEC\n                                             Committee of Ambassadors has a similar right and duty.\n\n[Regeling vervallen per 01-12-2021]\n\nThe Centre shall co-operate at all times with the appropriate Netherlands authorities\n                                       in order to facilitate the proper administration of justice, to ensure the observance\n                                       of police regulations and regulations concerning the handling of inflammable material,\n                                       public health, labour inspection and other similar national legislation, and to prevent\n                                       any abuse of the privileges and immunities and facilities provided for in this Agreement.\n\n[Regeling vervallen per 01-12-2021]\n\nThe Government retains the right to take all precautionary measures in the interests\n                                       of its security.\n\n[Regeling vervallen per 01-12-2021]\n\n1 Where the Centre enters into contracts (other than contracts concluded in accordance\n                                             with the Staff Regulations) the Centre shall include an arbitration clause whereby\n                                             any disputes arising out of the interpretation or execution of the contract may at\n                                             the request of either Party be submitted to private arbitration. Unless otherwise\n                                             agreed, the arbitration shall be conducted under the rules of the Netherlands Arbitration\n                                             Institute.\n\n2 The Centre shall, at the instance of the Government, submit to arbitration any dispute\n\na. arising out of damage caused by the Centre;\n\nb. involving any other non-contractual responsibility of the Centre;\n\nc. involving a Staff Member, and in which the person concerned can claim immunity from\n                                                   jurisdiction under Article 12 a. if this immunity is not waived in accordance with\n                                                   Article 17 paragraph 2. In such disputes where the claim for immunity from jurisdiction\n                                                   arises under Article 12, the responsibility of the Centre shall in such arbitration\n                                                   be substituted for that of the person concerned.\n\n[Regeling vervallen per 01-12-2021]\n\n1 Any dispute between the Parties concerning the interpretation or application of the\n                                             present Agreement which cannot be settled amicably, shall be submitted, at the request\n                                             of any Party to the dispute, to an arbitral tribunal, composed of three members. Each\n                                             Party shall appoint one arbitrator and the two arbitrators thus appointed shall together\n                                             appoint a third arbitrator as their chairman.\n\n2 If one of the Parties fails to appoint its arbitrator and has not proceeded to do\n                                             so within two months after an invitation from the other Party to make such an appointment,\n                                             the latter Party may invite the President of the International Court of Justice to\n                                             make the necessary appointment.\n\n3 If the two arbitrators are unable to reach agreement, in the two months following\n                                             their appointment, on the choice of the third arbitrator, either Party may invite\n                                             the President of the International Court of Justice to make the necessary appointment.\n\n4 Unless the Parties decide otherwise, the tribunal shall determine its own procedure.\n\n5 The tribunal shall reach its decision by a majority of votes. Such decision shall\n                                             be final and binding on the Parties to the dispute.\n\n[Regeling vervallen per 01-12-2021]\n\n1 This Agreement shall enter into force on the day of its signature.\n\n2 Each of the two Parties has the right to denounce the Agreement taking into account\n                                             a term of notice of six months.\n\nThis Agreement will automatically be terminated at the dissolution of the Centre.\n\n3 Negotiations for the revision of and for amendments to this Agreement shall be conducted\n                                             at the request of either Party.\n\n4 With respect to the Kingdom of the Netherlands this Agreement shall apply to the Kingdom\n                                             in Europe only.\n\nIN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this\n                                    Agreement.\n\nDONE at the Hague 7 August 1984, in duplicate, in the English language.\n\nFor the Government of the Kingdom of the Netherlands\n\n(sd.) W. F. VAN EEKELEN\n\nFor the Technical Centre for Agricultural and Rural Co-operation\n\n(sd.) D. ASSOUMOU MBA"}