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

Agreement between the Kingdom of the Netherlands and the United Nations Environment Programme concerning the coordination office of the global programme of action for the protection of the marine environment from land-based activities

The Kingdom of the Netherlands,

and

the United Nations Environment Programme;

Whereas an intergovernmental conference convened in Washington D.C. from 23 October to 3 November 1995 adopted the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities and endorsed the Washington Declaration on Protection of the Marine Environment from Land-based Activities;

Noting the undertaking of the Government of the Kingdom of the Netherlands to ensure the availability of all the necessary facilities and conditions to enable the Coordination Office to perform its functions, including its scheduled programme of work and related activities;

Having regard to the institutional arrangements for implementation of the Global Programme of Action, for which the United Nations Environment Programme is the Secretariat, regarding the legal status, privileges and immunities of the Coordination Office of the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities, its Coordinator and its Officials;

Noting the General Convention on the Privileges and Immunities of the United Nations adopted on 13 February 1946 by the United Nations General Assembly, to which the Kingdom of the Netherlands is a party, applies to United Nations officials servicing the Coordination Office, and that individual or specific privileges not covered by this Convention make further provisions necessary;

Desiring, therefore, to conclude an Agreement for the purpose of determining such individual or specific privileges to be granted by the Government of the Kingdom of the Netherlands with respect to the Coordination Office of the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities in the territory of the Kingdom of the Netherlands at The Hague;

Have agreed as follows:

Article

I

Definitions

In this Agreement:

a)
“GPA” means the Global Programme of Action for the Protection of the Marine Environment from Land-based Activities, as adopted by Governments at the Intergovernmental Conference in Washington D.C. on 3 November 1995;
b)
“UNEP” means the institutional and financial arrangements for the United Nations Environment Programme established by the General Assembly of the United Nations in resolution 2997 (XXVII) of 15 December 1972, and such other institutional and financial arrangements as may from time to time be made for the United Nations Environment Programme;
c)
“Coordination Office” means the technical coordination office of the GPA;
d)
“the Coordinator” means the official of the Coordination Office who is the Head of the Coordination Office;
e)
“the Government” means the Government of the Kingdom of the Netherlands;
f)
“Parties” means the Kingdom of the Netherlands and UNEP;
g)
“Officials” means persons appointed or recruited by the United Nations for employment with the Coordination Office for the purpose of carrying out its official functions, including the Coordinator; it does not include persons in the domestic service of the Coordination Office or persons recruited locally and remunerated on an hourly basis;
h)
“Premises” means the premises of the Coordination Office and any buildings, parts of buildings or facilities used by the Coordination Office on a permanent or temporary basis, to carry out its official functions;
i)
“Experts” means persons, other than those referred to in sub-paragraph g) of this article, designated by UNEP or the Coordination Office to perform official missions for the Coordination Office;
j)
“Convention” means the Convention on the Privileges and Immunities of the United Nations of 13 February 1946.

Article

2 Application of the Convention

Except as otherwise provided in this Agreement, the status, privileges and immunities of the Coordination Office shall be governed by the provisions of the Convention.

Article

3 Use and Occupation of Premises

1

The Government of the Kingdom of the Netherlands grants to UNEP, and UNEP accepts from the Government, the use and occupation of Premises of the Coordination Office, as described in the Annex to this Agreement.

2

The Coordination Office may establish and operate research, documentation and other technical facilities. These facilities shall be subject to appropriate safeguards which, in the case of facilities which might create hazards to health or safety or interfere with property, shall be agreed upon with the appropriate authorities of the Government.

Article

4 Immunity from Legal Process

Within the scope of its official activities, the Coordination Office shall enjoy immunity from any form of legal process, except in the case of civil action by a third party for damages arising out of an accident caused by a vehicle belonging to or operated on behalf of the Coordination Office.

Article

5 Inviolability of the Premises

1

Any person authorized to enter any place under any legal provision shall not exercise that authority in respect of the Premises of the Coordination Office unless permission to do so has been given by or on behalf of the Executive Director of UNEP or the Coordinator acting on his behalf. Such permission may, however, be presumed in the event of fire or other emergencies requiring prompt protective action. Any person who has entered the Premises with the presumed permission of the Executive Director of UNEP or the Coordinator acting on his behalf shall, if so requested by the Executive Director of UNEP or the Coordinator acting on his behalf, leave the premises immediately.

2

In other cases, the Executive Director of UNEP or the Coordinator acting on his behalf, shall give serious consideration to a request for permission from the Netherlands authorities to enter the Premises, without prejudice to the interests of the Coordination Office.

Article

6 Inviolability of the Archives

The inviolability of the archives shall be understood to apply to all records, correspondence, manuscripts, photographs, films, recordings, documents, computer data and computer files belonging to or held by the Coordination Office.

Article

7 Exemption from Taxes and Duties

1

In addition to section 7 and 8 of the Convention the Coordination Office shall, within the scope of its official activities, be exempt from the following taxes:

a)
import taxes and duties (belastingen bij invoer);
b)
motor vehicle tax (motorrijtuigenbelasting);
c)
tax on passenger motor vehicles and motorcycles (BPM);
d)
value added tax (omzetbelasting) paid on goods and services involving considerable expenditure or supplied on a recurring basis;
e)
excise duties (accijnzen) included in the price of alcoholic beverages and hydrocarbons such as fuel oils and motor fuels;
f)
real property transfer tax (overdrachtsbelasting);
g)
insurance tax (assurantiebelasting).

2

The exemptions provided for in paragraph 1 d), e), f) and g) of this article may be granted by way of a refund. The exemptions provided for in this article shall apply in accordance with the regulations in force in the Kingdom of the Netherlands.

3

Goods acquired or imported under the terms set out in this article shall not be sold, given away, or otherwise disposed of in the Netherlands, except in accordance with conditions agreed upon with the Government.

Article

8 Privileges and Immunities of Officials

1

In addition to the provisions of section 18 of the Convention the Officials shall also:

a)
enjoy immunity referred to in paragraph a) of that section notwithstanding that the Officials concerned may have ceased to be Officials of the United Nations;
b)
enjoy immunity from inspection and seizure of their personal and/or official baggage; except in cases of flagrante delicto. In such cases, the appropriate Government authorities shall immediately inform the Coordinator. Inspections shall, in the case of personal baggage, be conducted only in the presence of the official or his authorized representative, and in the case of official baggage, in the presence of an authorized representative of the Coordination Office;
c)
in accordance with the regulations in force, if they are non-residents, have relief from duties and taxes (except payments for services) in respect of import of their furniture and personal effects, including motorvehicles, at the time of first taking up their post in the Netherlands and the right on the termination of their function in the Netherlands to export with relief from duties and taxes their furniture and personal effects, subject, in both cases, to the conditions agreed with the Government and the regulations in force applicable to international organisations situated within the territory of the Kingdom of the Netherlands.

2

The Coordinator shall enjoy with respect to himself and to dependant members of his family forming part of his household the privileges and immunities granted to heads of diplomatic missions accredited to the Government, in accordance with the Vienna Convention on Diplomatic Relations of 18 April 1961.

3

A Deputy Coordinator or other senior official, when acting on behalf of the Coordinator during his absence from duty, shall be accorded the same immunities as are accorded to the Coordinator.

4

Officials of rank P.5 and above shall enjoy the privileges and immunities granted to diplomatic agents in accordance with the Vienna Convention on Diplomatic Relations of 18 April 1961.

5

Immunity shall not apply in the case of a motor-traffic offence committed by an official, nor in the case of a civil action by a third party for damage arising from an accident caused by a motor vehicle belonging or driven by an official.

Article

9 Privileges and Immunities of Experts

1

Article VI of the Convention shall apply to experts.

2

With respect to section 22 of the Convention, the immunities provided therein shall not apply to civil action by a third party for damage arising from an accident caused by a motor vehicle belonging to or driven by him.

Article

10 Notification

With respect to section 17 of the Convention the following shall also apply:

1

UNEP shall promptly notify the Government of:

a)
the appointment of Officials and Experts, their arrival and their final departure, or the termination of their functions with UNEP or the Coordination Office;
b)
the arrival and final departure of dependant members of the families forming part of the households of the persons referred to in sub-paragraph a) of this article and, where appropriate, the fact that a person has ceased to form part of the household;
c)
the arrival and final departure of domestic employees of persons referred to in sub-paragraph a) of this article and, where appropriate, the fact that they are leaving the employ of such persons.

2

The privileges and immunities granted to the respective categories of persons referred to under paragraph I of this article shall be implemented upon arrival of such persons and shall be repealed two weeks after notification to the Ministry that either the person has terminated his function with the Coordination Office, or has ceased to be a dependant member of the family forming part of the household of a person referred to under paragraph 1, sub-paragraph a). In any case, privileges and immunities shall be repealed immediately after final departure of the persons concerned.

3

The Government shall issue to the Officials, to the dependant members of the families forming part of the households of the Officials and to the domestic employees of the Officials an identity card bearing the photograph of the holder. This card shall serve to identify the holder in relation to the Host State authorities.

Article

11 Social Security

1

In the event that the Coordination Office shall have established its own social security system or shall adhere to a social security system offering comparable coverage to the coverage under the legislation of the Netherlands, the Coordination Office and its Officials to whom the aforementioned scheme applies, shall be exempt from social security provisions in the Netherlands.

2

The provisions of paragraph 1 of this article shall apply, mutatis mutandis, to the dependant members of the families forming part of the households of the Officials, unless they are employed otherwise than by the Coordination Office or self-employed in the Netherlands or unless they receive social security benefits from the Kingdom of Netherlands.

Article

12 Employment of Family Members of Officials

1

Members of the family forming part of the household of the Officials shall be authorised to engage in gainful employment in the Netherlands for the duration of the term of office of the Officials concerned.

2

The following persons are members of the family forming part of the household in the sense of paragraph 1:

a)
the spouses or registered partners of Officials of the Coordination Office;
b)
children of Officials of the Coordination Office who are under the age of 18;
c)
children of Officials of the Coordination Office aged 18 or over, but not older than 27, provided that they formed part of the Official's household prior to their first entry into the Netherlands and still form part of this household, and that they are unmarried, financially dependent on the Official of the Coordination Office concerned and are attending education in the Netherlands.

3

Persons mentioned in paragraph 2 of this Article who obtain gainful employment shall have no immunity from criminal, civil or administrative jurisdiction with respect to matters arising in the course of or in connection with such employment, provided that measures of execution are taken without infringing the inviolability of their person or of their residence, if they are entitled to such inviolability.

4

In case of the insolvency of a person aged under 18 with respect to a claim arising out of gainful employment of that person under this Article, the immunity of the official of whose family the person concerned is a member shall be waived by the Coordination Office for the purpose of settlement of the claim, in accordance with the provisions of the applicable international legal instrument regarding waiver.

5

The employment referred to in paragraph 1 of this Article shall be in accordance with Netherlands legislation, including fiscal and social security legislation, unless any other applicable international legal instrument provides otherwise."

Article

13 Services, Facilities, Contributions and Support to be provided by the Government of the Kingdom of the Netherlands

The services and facilities to be provided by the Government are contained in the Annex to this Agreement. The Executive Director of UNEP shall establish a trust fund for the receipt and distribution of contributions in cash by the Government of the Kingdom of the Netherlands in support of the Coordination Office.

Article

14 Settlement of Disputes

1

Any dispute between the Parties concerning the interpretation or application of this Agreement shall be settled through negotiation or any other means agreed by the Parties.

2

If the dispute cannot be settled through the means mentioned in paragraph 1 above it may be submitted, at the request of any Party, to final and binding arbitration in accordance with the Permanent Court of Arbitration Optional Rules for Arbitration involving International Organisations and States of July 1996, as in effect on the date of submission of the dispute to the Court. The number of arbitrators shall be three.

Article

15 Amendments to Agreement

1

At the request of either Party, this Agreement as well as the Annex may be amended by mutual consent at any time.

2

Any such amendment may be effected by an exchange of Notes.

Article

16 Duration of Agreement and Conditions of Termination

1

The Agreement will be in effect for an initial period of five years after being signed by the Parties. All services and facilities being offered by the Government are immediately available for use by UNEP for the purposes agreed upon in this Agreement for the implementation of the GPA.

2

After an evaluation of the performance of the Coordination Office by the Parties, extension of the Agreement after the initial period of five years will be negotiable between the Parties.

3

This Agreement shall be terminated in the event that the Coordination Office is transferred from the territory of the Kingdom of the Netherlands or in the event that the Coordination Office ceases to exist. The provisions of this Agreement relevant to the orderly termination of the Coordination Office's operations in the Kingdom of the Netherlands and to the disposal of its property shall remain applicable as long as necessary, but no longer than six months after the Government has been notified by UNEP that the Coordination Office will terminate its operation in the Kingdom of the Netherlands.

4

Upon the termination of this Agreement, property, furniture, equipment and other items that are made available by either UNEP or the Government will remain the property of UNEP or of the Kingdom of the Netherlands, as the case may be.

Article

17 Entry into Force

1

This Agreement shall enter into force on the first day of the second month after the date of signing the Agreement.

2

With respect to the Kingdom of the Netherlands, this Agreement shall apply to the part of the Kingdom in Europe only.

IN WITNESS WHEREOF the undersigned, duly authorized to that effect, have signed this Agreement.

DONE at The Hague on 24 November 1997, in duplicate in the English language.

For the Kingdom of the Netherlands

(sd.) J. J. JONKER ROELANTS

For the United Nations Environment Programme

(sd.) E. DOWDESWELL

Annex

Services and facilities to be provided by the Government of the Kingdom of the Netherlands in support of the GPA Coordination Office

The services and facilities to be provided by the Government are identified as follows:

1.
For the Coordination Office, 300 square meters of space, to be subdivided into 6–8 offices, in a recently renovated (1994) office building shared by the National Institute for Coastal and Marine Management (RIKZ) and the Coastal Zone Management Centre, located in the centre of The Hague, with the option to provide for possible future growth of the Coordination Office;
2.
Use of all the facilities available within the complex, including admission security; assistance from state-of-the-art visual design division; mail and archive facilities; telephone reception facilities; (technical) office maintenance; computer facilities, with access to a computer network and Internet, including support; electricity; heating; water; free parking places; restaurant services; several meeting facilities; lecture/conference hall (theatre set-up) with possible translation facilities; janitorial services; and travel booking services;
3.
The Government will prepare and equip the office space to be occupied by the Coordination Office with ready-to-use office space; office equipment, including chairs, desks, telephones, computers, cupboards and archive; telephone switchboard; kitchenette, including coffee machine; and secretariat equipment;
4.
The Government will provide operational costs of the Coordination Office (up to a maximum of US$ 60,000 per year or its equivalent in Dfl) for telephone and fax costs; maintenance of computers/computer network; photocopy machine; and postage costs;
5.
Access to the infrastructure of expertise and training in the field of water quality management, including but not limited to the following institutions of the national government:
- a)
  National Institute for Coastal and Marine Management (RIKZ) and National Institute for Inland Water Management and Waste Water Treatment (RIZA), of the Ministry of Transport, Public Works and Water Management;
- b)
  National Institute for Public Health and Environmental Protection (RIVM) of the Ministry of Housing, Spatial Planning and Environment;
- c)
  Netherlands Institute for Sea Research (NIOZ) of the Ministry of Education, Culture and Science;
- d)
  National Institute for Fisheries Research (RIVO) of the Ministry of Agriculture, Nature Management and Fisheries;
- e)
  Coastal Zone Management Centre (CZMC), a cooperative of the above Ministries, the Ministry of Economic Affairs and the Directorate-General for Development Cooperation.