Notawisseling houdende een verdrag tussen het Koninkrijk der Nederlanden en het Europeees Ruimte Agentschap (ESA) betreffende de privileges en immuniteiten van het personeel van ESTEC en hun gezinsleden

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TREATIES DIVISION DJZ/VE-755/06

The Hague, 29 September 2006

Agreement between the Kingdom of the Netherlands and the European Space Agency in the light of the Government Policy Framework of the Netherlands on Attracting and Hosting International Organisations

The Ministry of Foreign Affairs of the Kingdom of the Netherlands presents its compliments to the European Space Agency and, with reference to the Agreement between the Kingdom of the Netherlands and the European Space Agency concerning the European Space Research Technology Centre (ESTEC) at Noordwijk of 10 February 1999 (the Seat Agreement), to the Privileges and Immunities of the European Space Agency in Annex I of the Convention for the establishment of a European Space Agency of 30 May 1975 and to the Cabinet Decision of 22 April 2005 on the Policy Framework on Attracting and Hosting International Organisations, has the honour to propose the following in respect of the privileges and immunities of the staff members of the European Space Agency.

1 Use of terms

For the purpose of this Agreement:

a)
‘‘the parties’’ means the European Space Agency and the host State;
b)
‘‘the Agency’’ means the European Space Agency;
c)
‘‘ESTEC’’ means the European Space Research Technology Centre of the European Space Agency;
d)
‘‘the host State’’ means the Kingdom of the Netherlands;
e)
‘‘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 for the establishment of a European Space Agency opened for signature on 30 May 1975 and entered into force on 30 October 1980;
f)
‘‘the Vienna Convention’’ means the Vienna Convention on Diplomatic Relations of 18 April 1961.

2 Privileges and immunities

a)

The Head of ESTEC, together with members of his family forming part of his household, shall enjoy the same privileges and immunities as the host State accords to heads of diplomatic missions accredited to the host State in accordance with the Vienna Convention.

b)

The highest ranking staff members, together with members of their family forming part of their household, shall enjoy the same privileges and immunities as the host State accords to the diplomatic agents of diplomatic missions established in the host State in accordance with the Vienna Convention.

c)

Other staff members, together with members of their family forming part of their household, shall enjoy the same privileges and immunities as the host State accords to administrative and technical staff of the diplomatic missions established in the host State in accordance with the Vienna Convention, provided that immunity from criminal jurisdiction and personal inviolability shall not extend to acts performed outside the course of their official duties.

d)

Service staff members, together with members of their family forming part of their household, shall enjoy the same privileges and immunities as the host State accords to service staff of the diplomatic missions established in the host State in accordance with the Vienna Convention.

3 Determination of categories

The host State shall, in consultation with the Agency, determine which categories of personnel will be covered by each of the four groups as laid down in paragraph 2 of this Agreement.

4 Scope of the Agreement

a)

This Agreement does not apply to persons who are nationals or permanent residents of the host State.

b)

This Agreement shall not detract from any existing arrangements in the Seat Agreement or other bilateral or multilateral agreements.

c)

This Agreement shall not extend to issues concerning admission and residence.

If this proposal is acceptable to the European Space Agency, the Ministry proposes that this Note and the European Space Agency’s affirmative reply to it shall together constitute an Agreement between the Kingdom of the Netherlands and the European Space Agency. This Agreement, the French and English texts of which are equally authentic, shall enter into force on the date of receipt of the European Space Agency’s reply by the Ministry.

The Ministry of Foreign Affairs of the Kingdom of the Netherlands avails itself of this opportunity to renew to the European Space Agency the assurances of its highest consideration.

The European Space Agency

8–10 rue Mario-Nikis

75738 Paris Cedex 15

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EUROPEAN SPACE AGENCY

Noordwijk, 29 September 2006

RES-O/JFS/C05-1/52

The European Space Agency presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honour to acknowledge receipt of the Ministry’s Note DJZ/VE-755/06 of 29 September 2006, which reads as follows:

Zoals in nota Nr. I)

The European Space Agency has the honour to inform the Ministry of Foreign Affairs that the proposal is acceptable to the European Space Agency. The European Space Agency accordingly agrees that the Ministry’s Note and this reply shall constitute an Agreement between the European Space Agency and the Kingdom of the Netherlands, which shall enter into force on the date of receipt of the European Space Agency’s reply by the Ministry.

The European Space Agency avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the assurances of its highest consideration.

Ministry of Foreign Affairs of the Kingdom of the Netherlands

The Hague