Verdrag tussen het Koninkrijk der Nederlanden en het Europees Ruimte Agentschap inzake het Europees Centrum voor onderzoek en technologie-ontwikkeling op ruimtevaartgebied

Agreement between the Kingdom of the Netherlands and the European Space Agency concerning the European Space Research Technology Centre

The Kingdom of the Netherlands,

and

The European Space Agency,

Having regard to the Convention for the establishment of a European Space Agency opened for signature on 30 May 1975 and entered into force on 30 October 1980, and in particular to its Article VI and its Annex I on Privileges and Immunities;

Having regard to the Agreement between the Kingdom of the Netherlands and the European Space Research Organisation on the Establishment and Operation of the European Space Technology Centre of 2 February 1967, and to the related exchanges of letters of 2 February 1967 and 1 July 1967, pertaining to the conditions for the establishment and operation of the European Space Technology Centre;

Having regard to the “erfpachtsrecht" and the “recht van opstal" provided for in the Agreement between the Kingdom of the Netherlands and the European Space Research Organisation on the Establishment and Operation of the European Space Technology Centre of 2 February 1967, created by notarial deed of 9 November 1966, as amended by the notarial deed of 24 April 1994;

Having regard to the need to adapt the Agreement between the Kingdom of the Netherlands and the European Space Research Organisation on the Establishment and Operation of the European Space Technology Centre of 2 February 1967 to the present circumstances, in particular with regard to the creation of the European Space Agency which has taken over all rights and obligations of the European Space Research Organisation (Article XIX of the Convention for the establishment of a European Space Agency);

Considering that a Joint Consultative Committee has been set up pursuant to Article 12 of the Agreement between the Kingdom of the Netherlands and the European Space Research Organisation on the Establishment and Operation of the European Space Technology Centre of 2 February 1967;

Having regard to Article XV.3 of the Convention for the establishment of a European Space Agency;

Have agreed as follows:

Article

1 Definitions

In this Agreement

a)
“Convention" means the Convention for the establishment of a European Space Agency opened for signature on 30 May 1975 and entered into force on 30 October 1980;
b)
“ESA" or “the Agency" means the European Space Agency;
c)
“Government" means the Government of the Kingdom of the Netherlands;
d)
“ESTEC" means the European Space Research Technology Centre of the Agency located in the Kingdom of (the) Netherlands;
e)
“Director General" means the Director General referred to in Article XII.1.b. of the Convention;
f)
“Council" means the Council referred to in Article XI of the Convention;
g)
“Member State" means a State party to the Convention pursuant to Article(s) XX and XXII thereof;
h)
“Representative of Member States" means the designated representative of a State party to the Convention;
i)
“Experts" means persons performing missions or tasks authorised by the Agency, who are neither staff members nor representatives of Member States;
j)
“Staff members" means all members of the staff of the Agency in the Kingdom of the Netherlands who have been appointed under the provisions of Article XII of the Convention;
k)
“Site" means the surface of land put at the disposal of the Agency, in accordance with the notarial deed referred to in the Preamble;
l)
“Premises" means the site and any buildings, parts of buildings or facilities used by the Agency on a permanent or temporary basis, to carry out its official functions.

Article

2 Application of Annex I to the Convention

For the pursuit of its official activities within the territory of the Kingdom of the Netherlands, the Agency shall enjoy the privileges and immunities defined in Annex I to the Convention and in any relevant complementary agreement in force between the Government and the Agency in accordance with the provisions for its implementation, set out in this Agreement.

Article

3 Rights incidental to use of the site

1

The Agency shall have the right to build, within the bounds of the site, such installations as it deems necessary for carrying out its activities. Unless otherwise agreed, it shall have exclusive ownership of such installations.

2

The Agency shall have the right to build roads as it deems necessary within the bounds of the site. It may in addition display such signs, plaques and flags as it deems appropriate.

3

The Agency shall have the right to enclose the site by a fence and to control entry. The rights to use the site include the accompanying rights of access necessary for use of the site by the Agency's staff, contractors and visitors.

4

As soon as a planned change in use or in the scale of activities undertaken at ESTEC results in the identification of requirements for expansion of the site or of the buildings thereon, the Agency shall consult with the Government through the Consultative Committee, referred to in Article 7. The Government shall make every effort to accommodate such requirements on terms which are not less favourable than those applicable to the site under the present Agreement.

Article

4 Permits

The Government undertakes to arrange for the necessary permits to be issued for the buildings and installations the Agency requires for its operation and their expansion as provided for in Article 3.

Article

5 Communications

1

The Agency shall have the right to install and to operate telecommunications systems on the site. The Government shall arrange for the necessary authorisations to be issued in good time to the Agency for the installation and operation of fixed and mobile antennas and other equipment related to satellite communications and ensure that the Agency is able to make use of the radio frequencies it requires for its operations. Those frequencies shall be chosen by the Agency in agreement with the competent authorities of the Kingdom of the Netherlands and in accordance with the rules of the International Telecommunications Union. The competent authorities of the Kingdom of the Netherlands shall be responsible for taking any necessary national or international steps.

The Agency shall enjoy the same protection as the State's radio communications from interference caused by radio transmissions under the Government's control and, as far as possible, by electrical equipment and installations outside ESTEC.

In accordance with the rules of the International Telecommunications Union, the Government shall use its best endeavours to ensure that any interference caused by radio transmissions that are not under its control is eliminated.

2

The Agency shall be consulted if in the future any new air traffic route passing over the site is proposed.

Article

6 Inviolability of the premises

1

Any person authorised to enter any place under any legal provision shall not exercise that authority in respect of the premises of the Agency unless permission to do so has been given by or on behalf of the Director General of the Agency or the Director of ESTEC 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 Director General of the Agency or the Director of ESTEC acting on his behalf shall, if so requested by the Director General of the Agency or the Director of ESTEC acting on his behalf, leave the premises immediately.

2

In other cases, the Director General of the Agency or the Director of ESTEC acting on his behalf shall give serious consideration to a request for permission from the authorities of the Kingdom of the Netherlands to enter the premises, without prejudice to the interests of the Agency.

Article

7 Consultative Committee

1

The Joint Consultative Committee referred to in the Preamble shall facilitate the implementation of this Agreement through consultation between the relevant authorities of the Kingdom of the Netherlands and the Agency and shall meet as frequently as necessary for that purpose. The Chairman of the Committee shall be appointed by the Government.

2

The Government recognises that certain services, amenities and support are required for the proper and efficient operation of ESTEC. The Government shall make every effort to assist the Agency in establishing and maintaining the proper functioning of the Agency's facilities in the Kingdom of the Netherlands.

3

In order to facilitate local application of this Agreement, the Agency shall cooperate closely with the representatives designated by the Government and with the local authorities, through the Consultative Committee referred to in paragraph 1 of this Article.

Article

8 Applicable law and jurisdiction

Without prejudice to the provisions of the Convention and Annex I thereto and to any relevant complementary agreement between the Government and the Agency, the laws of the Kingdom of the Netherlands shall apply within the premises of ESTEC and to the activities of ESTEC.

Article

9 Liability for injury or damage

1

The Agency shall be liable for any injury or damage resulting from activities, on the territory of the Kingdom of the Netherlands, of the Agency, its staff or its experts, acting or failing to act within the limits of their functions. Without prejudice to the provisions of Annex I to the Convention, such liability shall be governed by the laws of the Kingdom of the Netherlands and be without prejudice to any rights of recourse contracted by the Agency.

2

The Agency shall hold the Government harmless from any obligation arising out of a claim made against the Government at the request of a third party, as a consequence of the activities mentioned in paragraph 1 of this Article.

Article

10 Exemption from taxes and duties

1

Within the scope of its official activities, the Agency, its assets, income and other property shall be exempt from all direct taxes, whether levied by national, provincial or local authorities.

2

Within the scope of its official activities, the Agency shall be exempt from:

a)
import taxes and duties (rechten 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)
energy tax (regulerende energiebelasting);
g)
real property transfer tax (overdrachtsbelasting);
h)
insurance tax (assurantiebelasting);
i)
any other taxes and duties of a substantially similar character as the taxes provided for in this paragraph, imposed by the Kingdom of the Netherlands subsequently to the date of signature of this Agreement.

3

The exemptions provided for in paragraphs 2(d), 2(e), 2(f), 2(g), 2(h), and 2(i) of this Article may be granted by way of a refund.

4

No exemption shall be accorded in respect of taxes and duties which represent payment for specific services rendered.

5

Goods acquired or imported under the terms set out in paragraph 2 of this Article shall not be sold, let, given away or otherwise disposed of, except in accordance with conditions agreed upon with the Government.

Article

11 Notification

1

The Agency shall promptly notify the Government of:

a)
the arrival and final departure, or the termination of the functions of staff members;
b)
the arrival and final departure of dependent 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 respective categories of persons referred to under paragraph 1 shall be exempted from immigration restrictions and alien registration.

3

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 Government that either the person has terminated his function with the Agency, or has ceased to be a dependent 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.

Article

12 Director General

1

Pursuant to Article XV of Annex I to the Convention, the Director General of the Agency shall enjoy the privileges and immunities to which the Head of a Diplomatic Mission is entitled under the provisions of the Vienna Convention on diplomatic relations of 18 April 1961.

2

The Director of ESTEC in the Kingdom of the Netherlands, as the representative of the Director General of the Agency, shall enjoy the privileges and immunities to which the Head of a Diplomatic Mission is entitled under the provisions of the Vienna Convention on diplomatic relations.

3

Directors of ESA posted at ESTEC in the Kingdom of the Netherlands, other than the official referred to in paragraph 2, shall enjoy the privileges and immunities to which a diplomatic agent is entitled under the provisions of the Vienna Convention on diplomatic relations.

Article

13 Staff members of the Agency

1

Staff members of the Agency shall enjoy the privileges and immunities specified in Article XVI of Annex I to the Convention. It is agreed, in particular, that:

a)
they shall be granted the same advantages in respect of foreign currency as the officials of foreign diplomatic missions in the Kingdom of the Netherlands;
b)
they and the dependent members of their family forming part of their household and domestic staff, shall be allowed to exchange their valid foreign driving licence for a Dutch driving licence, if and when required by national regulations.

2

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

3

Salaries and emoluments which are, according to Article XVIII of Annex I to the Convention, subject to a tax for the benefit of the Agency, shall be exempt from income tax.

Article

14 Experts, scientists, research fellows and trainees

1

The Government recognises the importance of the presence at ESTEC of Experts within the meaning of Article XVII of Annex I to the Convention, and therefore undertakes to use its best efforts to facilitate their unimpeded entry into and departure from the Kingdom of the Netherlands, and to provide, upon request, administrative assistance in connection with their stay in the Kingdom of the Netherlands (including, where necessary, the provision of work and/or residence permits).

2

Scientists within the meaning of paragraph 3 (d) of Article XII of the Convention, research fellows and trainees shall benefit from the provisions of paragraph 1 of this Article when carrying out research and/or training at ESTEC.

Article

15 Use of privileges and immunities

The privileges and immunities granted under the provisions of this Agreement are conferred in the interests of the Agency and not for the personal benefit of the individuals themselves. It is the duty of the Agency and all persons enjoying such privileges and immunities to observe in all other respects the laws and regulations of the Kingdom of the Netherlands.

Article

16 Social security

1

As long as the Agency has its own social security system or shall adhere to a social security system offering comparable coverage to the coverage under the legislation of the Kingdom of the Netherlands, the Agency and its staff members and other employees to whom the aforementioned scheme applies, shall be exempt from social security provisions in the Kingdom of the Netherlands, unless the staff members and other employees to whom the aforementioned scheme applies take up a gainful activity in the Kingdom of the Netherlands.

2

The provisions of paragraph 1 of this Article shall apply to the dependent members of the families forming part of the households of the persons referred to in paragraph 1, unless they are employed otherwise than by the Agency or self-employed or unless they receive social security benefits of the Kingdom of the Netherlands.

3

Paragraph 2 will cease to apply as from the date that the “Besluit Uitbreiding en Beperking Kring Verzekerden Volksverzekeringen 1999" (Royal Decree on the extension and limitation of the personal scope of the social security schemes 1999) of the Kingdom of the Netherlands has come into force.

Article

17 Subjects of the Kingdom of the Netherlands

1

Subjects of the Kingdom of the Netherlands performing their duties in the Kingdom of the Netherlands shall not enjoy the privileges and immunities described under (a), (e), (f) and (g) of paragraph 1 of Article XIV, in Article XV, under (e) of Article XVI, and under (c) of Article XVII of Annex I to the Convention, unless otherwise agreed herein or in any further agreement to be concluded between the Government and the Agency.

2

Subjects of the Kingdom of the Netherlands, covered by Article XV or XVI of Annex I to the Convention whose names have, by reason of their duties, been entered on a list drawn up by the Director General of the Agency and approved by the Minister of Defence of the Kingdom of the Netherlands, shall be exempt from military service. In the event of other subjects of the Kingdom of the Netherlands being called up for military service, the Minister of Defence of the Kingdom of the Netherlands shall, at the request of the Director General of the Agency, grant them such deferment as will be necessary to avoid the interruption of essential work.

Article

18 Opportunity to take up employment and granting of continued residence in the Kingdom of the Netherlands

1

Persons who have been recognised by the Government as

a)
partners of staff members of the Agency; or
b)
dependent children of staff members of the Agency who have not yet reached the age of 18 shall be authorised to engage in gainful employment for the duration of the employment of the said staff members.

2

Persons who obtain employment under paragraph 1 of this Article shall have no immunity from criminal, civil and administrative jurisdiction with respect to matters arising in the course of or in connection with such employment, provided that measures of execution can be taken without infringing the inviolability of their person or their residence.

3

Employment referred to in paragraph 1 of this Article shall be in accordance with the laws of the Kingdom of the Netherlands.

4

Former staff members of the Agency and/or members of their family having formed part of their household shall enjoy, under certain conditions, the right of continued residence in the Kingdom of the Netherlands.

Article

19 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

Upon its entry into force, this Agreement shall replace the Agreement between the Kingdom of the Netherlands and the European Space Research Organisation on the Establishment and Operation of the European Space Technology Centre of 2 February 1967 and the related agreements concluded through exchanges of letters referred to in the Preamble.

3

The Parties intend to pursue the objectives set out in this Agreement as early and as comprehensively as possible pending completion of the formalities required for its entry into force. They will accordingly abide by its provisions as from the date of signature, to the extent permitted by the applicable laws and regulations.

4

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

Article

20 Amendments

1

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

2

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

Article

21 Denunciation

1

Either Party may terminate this Agreement by giving three years' notice which shall start to run from the first day of January of the year following the year in which such notice is given.

2

The Kingdom of the Netherlands shall have the right to denounce this Agreement if the site referred to in paragraph (k) of Article 1 of the present Agreement is either not being used for the Agency's purposes as described in the Convention or will evidently no longer be used at all. In such case, this Agreement shall terminate one year after the date on which the Kingdom of the Netherlands gives notice of denunciation to the Agency.

Article

22 Termination

1

In the event of the Kingdom of the Netherlands denouncing the Convention in accordance with paragraph 1 of Article XXIV of the Convention, this Agreement shall terminate on the date on which the denunciation takes effect.

2

On termination of this Agreement in accordance with paragraph 1 of this Article, the Government is prepared to enter forthwith into negotiations with the Agency with a view to concluding a special agreement within the meaning of paragraph 2 of Article XXIV of the Convention.

3

Pending the outcome of those negotiations the provisions of this Agreement shall remain applicable.

Article

23 Dissolution

This Agreement shall terminate on the dissolution of the Agency under the conditions set out in Article XXV of the Convention.

Article

24 Consultations

The Parties shall use their best endeavours to overcome any difficulties arising with regard to the interpretation and implementation of this Agreement through early and full consultations.

Article

25 Arbitration

Any dispute arising out of the interpretation or application of the present Agreement that cannot be settled between the Parties in any other way shall be submitted to arbitration at the request of either Party for resolution in accordance with paragraphs 2 to 6 of Article XVII of the Convention and such additional rules as may have been promulgated under the Convention at the time of submission. If either Party intends to submit a dispute to arbitration, it shall notify the other Party.

IN WITNESS WHEREOF the undersigned representatives, being duly authorised therefor, have appended their signature to this Agreement.

DONE at Noordwijk this 10 February 1999 in two original copies in the English and French languages, the two texts being equally authoritative.

For the Kingdom of the Netherlands,

(sd.) JAN JONKER ROELANTS

For the European Space Agency,

(sd.) D. DALE