Notawisseling tussen de Nederlandse Regering en de Regering van de Bondsrepubliek Duitsland houdende een verdrag inzake voorrechten en immuniteiten te verlenen aan verbindingsofficieren die vanwege de Regering van de Bondsrepubliek Duitsland bij Europol te 's-Gravenhage worden tewerkgesteld

Nr. PA/Bon-29/99 (Europol)

Verbalnote

Die Königlich Niederländische Botschaft beehrt sich, dem Auswärtigen Amt unter Bezugnahme auf seine Verbalnote vom 6. Januar 1999 – Gz.: E 13-350.80/4 – in der Anlage den endgültigen Vorschlag der bilateralen Vereinbarung zwischen dem Königreich der Niederlande und der Bundesrepublik Deutschland über die Vorrechte und Immunitäten der Verbindungsbeamten bei Europol gemäß Artikel 41 Absatz 2 des am 26. Juli 1995 unterzeichneten Übereinkommens auf Grund von Artikel K 3 des Vertrags über die Europaïsche Union über die Errichtung eines Europäischen Polizeiamts (Europol-Übereinkommen) zu übermitteln.

Falls das Auswärtige Amt diesen Vorschlag zustimmt, beehrt sich die Botschaft vorzuschlagen, daß diese Note und die Antwortnote des Auswärtigen Amtes eine Vereinbarung zwischen dem Königreich der Niederlande und der Bundesrepublik Deutschland bilden sollen, die mit dem Datum der Antwortnote des Auswärtigen Amtes in Kraft tritt.

Die Königlich Niederländische Botschaft benutzt diesen Anlaß, das Auswärtige Amt erneut ihrer ausgezeichneten Hochachtung zu versichern.

Anlagen

Bonn, den 2 März 1999

An das Auswärtige Amt

53113 Bonn

1 Definitions

In this Agreement:

a.
“Liaison officer” means: any official seconded to Europol in accordance with Article 5 of the Europol Convention;
b.
“Government” means the Government of the Kingdom of the Netherlands;
c.
“Host State authorities” means such State, municipal or other authorities of the Kingdom of the Netherlands as may be appropriate in the context of and in accordance with the laws and customs applicable in the Kingdom of the Netherlands;
d.
“Member State” means the Federal Republic of Germany;
e.
“Archives of the liaison officer” means all records, correspondence, documents, manuscripts, computer and media data, photographs, films, video and sound recordings belonging to or held by the liaison officer, and any other similar material which in the unanimous opinion of the Member State and the Government forms part of the archives of the liaison officer.

2 Privileges and immunities

1

Subject to the provisions of this Agreement, the liaison officer and members of his family who form part of his household and do not possess Dutch nationality, shall enjoy in and vis-à-vis the Kingdom of the Netherlands the same privileges and immunities as are conferred on members of the diplomatic staff by the Vienna Convention on Diplomatic Relations of 18 April 1961.

2

The immunity granted to persons mentioned in paragraph 1 of this Article shall not extend to either:

i)
civil action by a third party for damages, including personal injury or death, arising from a traffic accident caused by any such person, and is without prejudice to Article 32 of the Europol Convention; or
ii)
criminal and civil jurisdiction over acts performed outside the course of their official duties.

3

The obligations of Sending States and their personnel that apply under the Vienna Convention to members of the diplomatic staff, shall apply to the persons referred to in paragraph 1 of this Article.

3 Entry, stay and departure

1

The Government shall facilitate, if necessary, the entry, stay and departure of the liaison officer and members of his family forming part of the household.

2

This Article shall not prevent the requirement of reasonable evidence to establish that persons claiming the treatment provided for under this Article come within the classes described in paragraph 1 of this Article.

3

Visas which may be required by persons referred to in this Article shall be granted without charge and as promptly as possible.

4 Employment

Members of the family forming part of the household of the liaison officer not having the nationality of an EU Member State shall be exempt from the obligation to obtain working permits for the duration of the secondment of the liaison officer.

5 Inviolability of archives

The archives of the liaison officer wherever located and by whomsoever held shall be inviolable.

6 Personal Protection

The Host State authorities shall, if so requested by the Member State, take all reasonable steps in accordance with their national laws to ensure the necessary safety and protection of the liaison officer, as well as members of his family who form part of his household, whose security is endangered due to the performance of the tasks of the liaison officer at Europol.

7 Facilities and immunities in respect of communication

1

The Government shall permit the liaison officer to communicate freely and without a need for special permission, for all official purposes, and shall protect the right of the liaison officer to do so. The liaison officer shall have the right to use codes and to dispatch and receive official correspondence and other official communications by courier or in sealed bags which shall be subject to the same privileges and immunities as diplomatic couriers and bags.

2

The liaison officer shall, as far as may be compatible with the International Telecommunications Convention of 6 November 1982, for his official communications enjoy treatment not less favourable than that accorded by the Kingdom of the Netherlands to any international organisation or government, in the matter of priorities for communication by mail, cable, telegraph, telex, radio, television, telephone, fax, satellite, or other means.

8 Notification

1

The Member State shall promptly notify the Government of the name of the liaison officer, his arrival and his final departure or the termination of his secondment as well as the arrival and final departure of the members of the family forming part of the household and, where appropriate, the fact that a person has ceased to form part of the household.

2

The Government shall issue to the liaison officer and members of his family forming part of the household, an identification card bearing the photograph of the holder. This card shall serve to identify the holder in relation to all Host State authorities.

9 Settlement of Disputes

1

Any dispute between the Member State and the Government concerning the interpretation or application of this Agreement, or any question affecting the liaison officer or the relationship between the Member State and the Government which is not settled amicably, shall be referred for final decision to a tribunal of three arbitrators, at the request of the Member State or the Government. Each party shall appoint one arbitrator. The third, who shall be chairman of the tribunal, is to be chosen by the first two arbitrators.

2

If one of the parties fails to appoint an arbitrator within two months following a request from the other party to make such an appointment, the other party may request the President of the Court of Justice of the European Communities or in his absence the Vice-President, to make such an appointment.

3

Should the first two arbitrators fail to agree upon the third within two months following their appointment, either party may request the President of the Court of Justice of the European Communities, or in his absence the Vice-President, to make such appointment.

4

Unless the parties agree otherwise, the tribunal shall determine its own procedure.

5

The tribunal shall reach its decision by a majority of votes. The Chairman shall have a casting vote. The decision shall be final and binding on the Parties to the dispute.

10 Territorial scope

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