Verdrag tussen het Koninkrijk der Nederlanden en Eurojust

Agreement between the Kingdom of the Netherlands and Eurojust

The Kingdom of the Netherlands and Eurojust (hereafter, the Parties)

Having regard to the Council Decision of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime;

Whereas Article 1c) of the Decision taken by common agreement between the Representatives of the Member States, meeting at Head of State or Government level, of 13 December 2003 on the location of seats of certain offices and agencies of the European Union, provides having regard to Article 289 of the Treaty establishing the European Community, that Eurojust shall have its seat in The Hague;

Have agreed as follows:

Article

1 Definitions

For the purposes of this Agreement:

a)
‘‘Eurojust Decision’’ means the Council Decision of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime;
b)
‘‘Eurojust’’ means the unit set up by the Eurojust Decision;
c)
‘‘Government’’ means the Government of the Kingdom of the Netherlands;
d)
‘‘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;
e)
‘‘Headquarters’’ means the area, any building, land or facilities ancillary thereto, irrespective of ownership, used on a permanent basis, temporarily or from time to time by Eurojust following mutual agreement between Eurojust and the Government, to carry out its official functions;
f)
‘‘national member’’ means a person referred to in Article 2, paragraph 1, of the Eurojust Decision;
g)
‘‘College’’ means the College referred to in Article 10 of the Eurojust Decision;
h)
‘‘President of the College’’ means the national member elected as President by the College, as referred to in Article 28, paragraph 2, of the Eurojust Decision;
i)
‘‘Assistant’’ means any assistant of a national member as referred to in Article 2, paragraph 2, of the Eurojust Decision;
j)
‘‘national correspondent’’ means a person referred to in Article 12 of the Eurojust Decision;
k)
‘‘Joint Supervisory Body’’ means the body referred to in Article 23 of the Eurojust Decision;
l)
‘‘Administrative Director’’ means the Administrative Director referred to in Article 29 of the Eurojust Decision;
m)
‘‘staff’’ means the Eurojust staff referred to in Article 30 of the Eurojust Decision;
n)
‘‘Protocol’’ means the Protocol on the Privileges and Immunities of the European Communities;
o)
‘‘Vienna Convention’’ means the Vienna Convention on Diplomatic Relations;
p)
‘‘archives’’ means all records, correspondence, documents, manuscripts, computer and media data, photographs, film, video and sound recordings belonging to, or held by or on behalf of Eurojust, and any other similar material which Eurojust and the Government may agree upon to be part of the archives of Eurojust; and
q)
‘‘Member State’’ means any Member State of the European Union.

Article

2 Immunity from Jurisdiction and Execution and Inviolability of Archives

1

Eurojust shall enjoy immunity from jurisdiction and execution in the Kingdom of the Netherlands. Within one year after the entry into force of the Treaty establishing a Constitution for the European Union, the Government and Eurojust will decide by mutual consent whether the present provision needs to be amended.

2

The property, funds and assets of Eurojust, wherever located and by whomsoever held, shall be immune from legal process and from search, seizure, requisition, confiscation, expropriation and any other form of interference.

3

The archives of Eurojust shall be inviolable.

Article

3 Inviolability of the Headquarters of Eurojust

1

The Headquarters of Eurojust shall be inviolable. Any person to enter any place under any legal provision or on the strength of the law shall not exercise that authority in respect of the Headquarters unless permission to do so has been given by or on behalf of the Administrative Director acting on behalf of the College.

2

In case of fire or other emergency requiring prompt protective action, or in the event that the competent Host State authorities have reasonable cause to believe that such an emergency has occurred or is about to occur in the Headquarters, the consent of the Administrative Director, on behalf of the College, to entry into the Headquarters shall be presumed if the Administrative Director cannot be reached in time.

3

Eurojust may expel or exclude persons from the Headquarters for breach of its regulations.

4

The Administrative Director, on behalf of the College, shall prevent the Headquarters from being used to harbor persons who are avoiding arrest under any law of the Kingdom of the Netherlands, who are wanted by the Government for extradition to another country, or who are endeavouring to evade service of legal process.

Article

4 Protection of the Headquarters

The Host State shall exercise due diligence to ensure that the security and tranquility of the Headquarters are not impaired by any person or group of persons attempting unauthorised entry into the Headquarters, or creating disturbances in its immediate vicinity. As may be required for this purpose, the Host State authorities shall provide adequate police protection on the boundaries and in the vicinity of the Headquarters.

Article

5 Special Services to the Headquarters

1

The Host State authorities shall exercise, as far as it is within their competence, and to the extent requested by the Administrative Director on behalf of the College, the respective powers to ensure that the Headquarters shall be supplied, on fair conditions and on equitable terms, with the necessary services including, among others, electricity, water, sewerage, gas, post, telephone, telegraph, local transportation, drainage, collection of refuse, fire protection and snow removal from public streets.

2

In case of any interruption or threatened interruption of any such services, Eurojust shall be accorded the priority given to essential agencies and organs of the Government and the Government shall take steps accordingly to ensure that the work of Eurojust is not prejudiced.

3

The Administrative Director, on behalf of the College, shall, upon request, make suitable arrangements to enable duly authorised representatives of the appropriate public service bodies to inspect, repair, maintain, reconstruct or relocate utilities, conduits, mains and sewers within the Headquarters under conditions which shall not unreasonably disturb the carrying out of the functions of Eurojust. Underground work may be undertaken in the Headquarters only after consultation with the Administrative Director on behalf of the College, and under conditions which shall not disturb the carrying out of the functions of Eurojust.

Article

6 Law and Authority in the Headquarters

1

The Headquarters shall be under the control and authority of Eurojust, as provided in this Agreement.

2

Except as otherwise provided in this Agreement, in the Eurojust Decision or in the acts and regulations based on the Eurojust Decision, the laws and regulations of the Host State shall apply to the Headquarters as far as they do not interfere with Eurojust’s functioning.

Article

7 Facilities and Immunities of Eurojust in Respect of Communication

1

The Government shall permit Eurojust to communicate freely and without a need for special permission, for all official purposes, and shall protect the right of Eurojust to do so. Eurojust and its National Members 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 have the same privileges and immunities as diplomatic couriers and bags.

2

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

3

Eurojust may install and use a wireless transmitter with the consent of the Government, which consent shall not be unreasonably withheld once the wavelength has been agreed upon.

Article

8 Exemption from Taxes and Duties for Eurojust and its Property

1

Within the scope of its official activities, Eurojust, its assets, income and other property shall be exempt from all direct taxes levied by the Host State authorities.

2

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

a)
import taxes and duties (‘‘belastingen bij invoer’’);
b)
motor vehicle tax (‘‘motorrijtuigenbelasting’’, ‘‘MRB’’);
c)
tax on passenger motor vehicles and motorcycles (‘‘belasting van personenauto’s en motorrijwielen’’, ‘‘BPM’’);
d)
value added tax (‘‘omzetbelasting’’, ‘‘BTW’’) paid on goods and services supplied on a recurring basis or involving considerable expenditure;
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’’);
h)
energy tax (‘‘regulerende energiebelasting’’, ‘‘REB’’);
i)
tax on water mains (‘‘belasting op leidingwater’’, ‘‘BOL’’); and
j)
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 subsequent to the date of signature of this Agreement.

3

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

4

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

5

No exemption will be granted in respect of taxes and duties which represent charges for specific services rendered.

Article

9 Flag, Emblem and Markings

Eurojust shall be entitled to display its flag, emblem and markings in the Headquarters, and to display its flag on vehicles used for official purposes.

Article

10 Entry, Stay and Departure

1

The Government shall facilitate, if necessary, the entry, stay and departure for purposes of official business of the persons listed below and members of the family forming part of their household:

a)
the national members and the assistants,
b)
the Administrative Director,
c)
the staff,
d)
the members of the Joint Supervisory Body,
e)
other persons, on request of the Administrative Director.

2

This Article shall not prevent the requirement of reasonable evidence to be provided by Eurojust to establish that persons claiming the treatment provided for in this Article fall under one of the categories referred to in paragraph 1.

3

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

Article

11 Privileges and Immunities of a National Member Granted by the Government

1

A national member, not being the Dutch national member, shall be accorded:

a)
mutatis mutandis, the privileges and immunities as referred to in Article 2, paragraph 3, and Article 7 of this Agreement; and
b)
the privileges and immunities, exemptions and facilities accorded to heads of diplomatic missions accredited to the Kingdom of the Netherlands in accordance with the Vienna Convention.

2

The members of the family forming part of the household of a national member referred to in paragraph 1, not having the Dutch nationality or not permanently resident, shall enjoy the privileges and immunities, exemptions and facilities accorded to members of the family forming part of the household of heads of diplomatic missions under the Vienna Convention.

3

The privileges granted in accordance with paragraphs 1 and 2 relating to the exemptions from direct taxes shall only apply where a national member and the members of the family forming part of his household are considered by the seconding Member State as a fiscal resident in that Member State.

4

In case a Member State, other than the Kingdom of the Netherlands, nominates a person with the Dutch nationality or permanently resident in the Netherlands as its national member, the Government and Eurojust shall mutually agree upon the privileges and immunities to be granted to the national member concerned.

Article

12 Privileges and Immunities of the Dutch National Member Granted by the Government

The Dutch national member, acting in accordance with Article 7 of the Eurojust Decision, shall enjoy:

a)
immunity from legal process of any kind in respect of words spoken or written and of acts performed, such immunity to continue notwithstanding that the person concerned is no longer the Dutch national member; and
b)
inviolability for all his official papers, documents and other official materials and immunity from inspection and seizure of his official luggage.

Article

13 Privileges and Immunities of an Assistant Granted by the Government

1

An assistant, not having the Dutch nationality or not permanently resident in the Kingdom of the Netherlands, who is in the service of the seconding Member State according to Article 2, paragraph 2, of the Eurojust Decision, shall enjoy:

a)
the privileges and immunities referred to in Article 11, paragraph 1a); and
b)
the privileges and immunities, exemptions and facilities accorded to diplomatic agents accredited to the Kingdom of the Netherlands under the Vienna Convention.

2

An assistant, having the Dutch nationality or permanently resident in the Kingdom of the Netherlands, shall enjoy the following privileges and immunities:

a)
immunity from legal process of any kind in respect of words spoken or written, and of acts performed, in the exercise of his official function, such immunity to continue notwithstanding that the person concerned is no longer an assistant; and
b)
inviolability for all his official papers, documents and other official materials and immunity from inspection and seizure of his official luggage;

3

The members of the family forming part of the household of an assistant referred to in paragraph 1, not having the Dutch nationality or not permanently resident, shall enjoy the privileges and immunities, exemptions and facilities accorded to the members of the family forming part of the household of diplomatic agents under the Vienna Convention.

4

The privileges granted in accordance with paragraphs 1 and 3 relating to the exemptions from direct taxes shall only apply where an assistant or a member of the family forming part of his household is considered by the seconding Member State as a fiscal resident in that Member State.

Article

14 Administrative Director and Staff

1

In accordance with Article 30 of the Eurojust Decision, it is hereby affirmed that Articles 12 to 16 and 18 of the Protocol are applicable to the Administrative Director and to the staff.

2

In addition to the privileges and immunities specified in paragraph 1 of this Article, for the social security scheme conducted under the authority of Eurojust, the Administrative Director and the Staff to whom the above-mentioned scheme applies shall be exempt from all compulsory contributions to the social security organisations of the Kingdom of the Netherlands. Consequently, they shall not be covered by the social security regulations of the Kingdom of the Netherlands.

3

The provisions of paragraph 2 of this Article shall apply, mutatis mutandis, to spouses and dependent relatives forming part of the household of the Administrative Director and Staff, unless they are employed in the Kingdom of the Netherlands by an employer other than Eurojust or receive social security benefits from the Kingdom of the Netherlands.

Article

15 Members of the Joint Supervisory Body

A member of the Joint Supervisory Body shall within and with respect to the Kingdom of the Netherlands, while exercising his function and in the course of his journeys to and from the place of meeting, enjoy the following privileges and immunities:

a)
immunity from legal process of any kind in respect of words spoken or written, and of acts performed by him, in the exercise of his official functions, such immunity to continue notwithstanding that the person concerned is no longer a member of the Joint Supervisory Body;
b)
inviolability for all his official papers, documents and other official materials;
c)
the same facilities regarding his personal luggage as those accorded to the officials of foreign States on temporary official missions; and
d)
the right, for the purpose of all communications with Eurojust, to use codes and to dispatch or receive papers, correspondence or other official material by courier or in sealed bags.

Article

16 National Correspondents and Representatives of Third States and Other Entities

A national correspondent, a representative of an entity as referred to in Article 26 of the Eurojust Decision, a representative of a third State or of an entity as referred to in Article 27, paragraph 3, of the Eurojust Decision, who has been invited by Eurojust on official business, shall enjoy within and with respect to the Kingdom of the Netherlands the following privileges and immunities as far as may be deemed necessary for the effective performance of his functions and during his travel in connection with service on such missions, committees or subsidiary bodies, and during attendance at such meetings:

a)
immunity from legal process of any kind in respect of words spoken or written, and of acts performed by him in the exercise of his official functions, such immunity to continue notwithstanding that the person concerned is no longer employed for missions, serving on committees of, or acting as consultant for Eurojust, or is no longer present at the Headquarters or attending meetings convened by Eurojust;
b)
inviolability for all his official papers, documents and other official materials;
c)
the same immunities and facilities with respect to his personal luggage as those accorded to members, having comparable rank, of the staff of diplomatic missions established in the Kingdom of the Netherlands;
d)
the same privileges with respect to currency and exchange restrictions as those accorded to representatives of foreign States on temporary official missions;
e)
the same protection and repatriation facilities as those accorded in time of international crisis to members, having comparable rank, of the staff of diplomatic missions established in the Kingdom of the Netherlands;
f)
the right, for the purpose of all communications with Eurojust, to use codes and to dispatch or receive papers, correspondence or other official material by courier or in sealed bags; and
g)
if necessary, exemption from alien restrictions and alien registrations.

Article

17 Employment

Members of the family forming part of the household of national members, assistants, the Administrative Director and staff shall be granted, if necessary and in accordance with the provisions set out in the Annex, work permits in the Kingdom of the Netherlands for the duration of the secondment of the national member or the assistant, or for the duration of the employment of the Administrative Director or a member of the staff with Eurojust in the Kingdom of the Netherlands.

Article

18 Additional Provisions on Privileges and Immunities

1

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

2

Eurojust shall co-operate at all times with the appropriate Host State authorities to facilitate the proper administration of justice and shall prevent any abuse of the privileges and immunities granted under the provisions of this Agreement.

3

Should the Government consider that an abuse of a privilege or immunity conferred by this Agreement has occurred, the College shall, upon request, consult with the appropriate Host State authorities to decide whether any such abuse has occurred. If such consultations fail to achieve a satisfactory result to both the College and the Government, the matter shall be settled according to the procedure set out in Article 23.

4

The immunity granted to Eurojust shall not extend to civil action by a third party for damages, including personal injury or death, arising from a traffic accident caused by Eurojust. The execution of any measure taken in the implementation of this paragraph shall be subject to a waiver in accordance with Article 19.

5

The immunity granted to any person on the basis of this Agreement shall not extend to civil action by a third party for damages, including personal injury or death, arising from a traffic accident caused by such a person and shall not apply to traffic offences.

Article

19 Waiver of Immunities

1

The College shall be required to waive the immunity of Eurojust, a national member, an assistant, any person referred to in Article 16 or, where appropriate, a member of the family forming part of the household of any person enjoying privileges and immunities on the basis of this Agreement, where such immunity would impede the course of justice and provided such immunity can be waived without prejudice to the interests of Eurojust.

2

The Joint Supervisory Body shall be required to waive the immunity of one of its members where the use of immunity would impede the course of justice and provided such immunity can be waived without prejudice to the interests of Eurojust or the Joint Supervisory Body.

3

When the immunity of Eurojust as mentioned in Article 2 has been waived, searches and seizures ordered by the judicial authorities of the Kingdom of the Netherlands shall be effected in the presence of the President of the College or a person delegated by him, and in compliance with the rules of confidentiality laid down in or by virtue of the Eurojust Decision.

Article

20 Protection of Persons

Host State authorities shall, if so requested by Eurojust, take all reasonable steps to ensure the necessary safety and protection of the persons mentioned in this Agreement whose security is endangered due to their services to Eurojust.

Article

21 Notification

1

Eurojust shall promptly notify the Government of:

a)
the arrival and departure of national members and assistants,
b)
the arrival and departure of the Administrative Director and of the staff members, and
c)
the arrival and final departure of members of the family forming part of the household of the persons referred to in Article 11, paragraph 1, Article 13, paragraph 1, and Article 14, and, where appropriate, domestic servants. Eurojust shall also periodically provide the Government with a list of the persons referred to under subparagraphs a) and b).

2

Eurojust shall provide the Government with a list of the members of the Joint Supervisory Body and with a list of national correspondents, and shall revise these lists from time to time as may be necessary.

3

The Government shall issue to the persons referred to in paragraph 1 an identification card bearing the photograph of the holder. The identification card shall serve to identify the holder to the Host State authorities.

4

Upon termination of the function of a person referred to in paragraph 1a) and b), his identification card and any identification card issued to a member of his family forming part of his household shall be returned by Eurojust within a reasonable period.

Article

22 Interpretation of the Agreement

1

This Agreement shall be interpreted in the light of its primary purpose, that is to enable Eurojust at its Headquarters in the Kingdom of the Netherlands to discharge fully and efficiently its responsibilities and fulfill its purposes.

2

In case of any conflict between the Eurojust Decision and this Agreement, the Eurojust Decision shall prevail.

Article

23 Settlement of Disputes

1

Any dispute between Eurojust and the Government concerning the interpretation or application of this Agreement, and any question affecting the Headquarters or the relationship between Eurojust and the Government, which is not settled amicably, shall at the request of either Party to the dispute be referred to a tribunal of three arbitrators for final decision. Each Party shall appoint one arbitrator. The third arbitrator, 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 arbitrator 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 an 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.

Article

24 Termination of the Agreement

1

This Agreement shall cease to be in force following mutual consent of Eurojust and the Government.

2

In the event of the Headquarters of Eurojust being removed from the territory of the Kingdom of the Netherlands, this Agreement shall expire after a certain period to be determined by mutual consent considering thereby the time necessary for such transfer and for the disposal of the property of Eurojust in the Kingdom of the Netherlands.

3

Notwithstanding the previous paragraphs, this Agreement shall remain in force with regard to any event that has occurred before its date of expiry.

Article

25 Amendments

The Parties shall at the request of either of them enter into consultations regarding the amendment of this Agreement.

Article

26 Entry into Force

1

This Agreement shall enter into force on the first day of the first month following the date of signature by both Parties.

2

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

DONE at The Hague on 15 March 2006, in two copies in the English language.

For the Kingdom of the Netherlands

ATZO NICOLAÏ

For Eurojust

M. KENNEDY

Annex as referred to in Article 17 of the Agreement between the Kingdom of the Netherlands and Eurojust

1.
Members of the family forming part of the household of national members, assistants, the Administrative Director and staff shall be authorised to engage in gainful employment in the Netherlands for the duration of the term of office of a national member, an assistant, the Administrative Director and a member of the staff concerned.
2.
The following persons are members of the family forming part of the household in the sense of paragraph 1:
- a)
  the spouse or the registered partner of a national member, an assistant, the Administrative Director or a member of the staff;
- b)
  children of a national member, an assistant, the Administrative Director or a member of the staff who are under the age of 24;
- c)
  children of a national member, an assistant, the Administrative Director or a member of the staff who are aged 24 or over, but not older than 27, provided that they formed part of the household of national members, assistants, the Administrative Director and staff concerned prior to their first entry into the Netherlands and still form part of this household, and that they are unmarried, financially dependent on the national member, the assistant, the Administrative Director or the member of the staff concerned and are attending education in the Netherlands.
3.
Persons mentioned in paragraph 2 who obtain gainful employment shall enjoy no immunity from criminal, civil or administrative jurisdiction with respect to matters arising in the course of or in connection with such employment. However, any measures of execution shall be 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 24 with respect to a claim arising out of gainful employment of that person, the immunity of the national member, the assistant, the Administrative Director or the member of the staff of whose family the person concerned is a member shall be waived for the purpose of settlement of the claim, in accordance with the provisions of Article 19 of the Seat Agreement.
5.
The employment referred to in paragraph 1 shall be in accordance with Netherlands legislation, including fiscal and social security legislation, unless any other international legal instrument provides otherwise.