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

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 25. The Government shall make every effort to accommodate such requirements on terms which are not less favourable than those applicable to the site under this Agreement.

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 Netherlands and in accordance with the rules of the International Telecommunications Union. The competent authorities 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 any new air traffic route passing over the site is proposed.

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 Head 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 Head of ESTEC acting on his behalf shall, if so requested by the Director General of the Agency or the Head of ESTEC acting on his behalf, leave the premises immediately.

2

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

1

The Agency shall be liable for any injury or damage resulting from activities, on the territory 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 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.

1

For the purposes of Article V.1 of Annex I to the Convention, “direct taxes” shall embrace all direct State taxes (Rijksbelastingen) and all direct taxes, dues and levies imposed by a province, municipality or district water board (waterschap) without prejudice to the provisions of Article VII.3 of Annex I to the Convention.

2

The Agency shall be exempted on application from tax on motor vehicles and motorcycles (belasting van personenauto’s en motorrijwielen, BPM) andmotor-vehicle tax (motorrijtuigenbelasting, MRB) in respect of its motor vehicles used for official purposes.

3

The following taxes and duties shall in particular be considered to fall under article V.2 of Annex I to the Convention:

• a)

  value added tax (omzetbelasting) in respect of goods supplied or services rendered;

• b)

  excise duties (accijnzen) on goods;

• c)

  real property transfer tax (overdrachtsbelasting);

• d)

  insurance tax (assurantiebelasting);

• e)

  import taxes and duties (invoerrechten);

• f)

  energy tax (energiebelasting);

• g)

  ground water tax (grondwaterbelasting);

• h)

  any other tax and duties of a substantially similar character as taxes provided for in this paragraph, imposed by the Netherlands.

4

If value added tax is paid in respect of goods supplied or services rendered to the Agency it shall be refunded to the Agency on application. The tax on hydrocarbons such as fuel oil and motor fuels which the Agency requires for official purposes shall be refunded to the Agency on application.

The Agency shall be exempted in advance from excise duties on goods supplied and required for official purposes, purchased from an “accijnsgoederenplaats”, if a permit therefor is acquired from the national tax authority.

The Agency shall submit applications for reimbursement within three months after the end of the quarter in which payment was made for goods supplied or services rendered and shall send the relevant documents together with the applications.

The Agency undertakes to facilitate the verification by the competent authorities of the facts on which the tax exemption or tax refund can be based.

Reimbursement of the above-mentioned taxes and duties shall be made in conformity with the applicable tax regulations and quotas set by the Government.

This Article shall not apply to taxes and duties that are no more than charges for public utility services.

5.

Goods acquired or imported under the terms set out in paragraph 3 of this Article shall not be sold, let, given away or otherwise disposed of, except in accordance with the conditions agreed upon with the Government.

1

For the purposes of the Agreement between the Netherlands and the Agency, the following persons shall be recognised as members of the family forming part of a staff member’s household:

• a)

  the spouse or registered partner of a staff member;

• b)

  children of a staff member, of his spouse or of his registered partner who are under the age of 18;

• c)

  children of a staff member, of his spouse or of his registered partner who are between 18 and 27 years of age, provided that they:

  • (i)

    are unmarried,

  • (ii)

    are financially dependent on the staff member, his spouse or his registered partner, and

  • (iii)

    are either attending school or studying, or following vocational training, an apprenticeship programme or education, whether or not including a work placement, or intending to do so, in the Netherlands;

• d)

  children under the age of 18 and children who fulfil the requirements listed in sub paragraph c) of this Article for whom an application for adoption has been lodged and the adoption procedure has been started by a staff member, his spouse or his registered partner;

• e)

  irrespective of age, dependent disabled children, or children who are prevented by serious illness or invalidity from earning a livelihood throughout the period of that illness or invalidity, of a staff member, of his spouse or of his registered partner, provided that the Agency supplies the Government with a certificate to that effect.

2

Children of a staff member, of his spouse or of his registered partner who are between 18 and 24 years of age shall also be recognised as members of the family forming part of the household if they do not fulfil the condition set out in paragraph 1, subparagraph c), item iii) of this Article, as long as they fulfil the other conditions set out in that subparagraph.

1

Staff members:

• a)

  shall not require a work permit;

• b)

  shall not require a residence permit, and shall not be subject to the provisions governing immigration procedures and aliens’ registration, provided that they hold the personal identity card referred to in Article 13; the same shall apply to members of their family forming part of their household;

• c)

  shall not be subject to the application of the regulations regarding the registration of religious denomination in the Netherlands’ population registers; the same shall apply to members of their family forming part of their household.

2

Members of the family forming part of the household of a staff member shall not require a work permit for the duration of the staff member’s employment with the Agency.

3

The rights granted to staff members during their period of employment and to the members of their family forming part of their household shall expire on the staff member’s final departure or on expiry of a reasonable period as referred to in Article 39, paragraphs 2 and 3, of the Vienna Convention, such period being counted from the date on which the staff member relinquishes his duties or the family members cease to form part of their household.

1

The Agency shall promptly notify the Government of: the names of staff members and the dates on which they take up and relinquish their duties; their arrival and final departure; the names and arrival and final departure of members of the family forming part of a staff member’s household and the fact that a person has ceased to form part of the household and; the names and arrival and final departure of domestic and private servants of staff members and the fact that they have left the employment of a staff member.

2

The Government shall issue identity cards to the following persons:

• a)

  staff members and experts;

• b)

  members of the family forming part of a staff member’s and expert’s household who are not nationals of the Netherlands;

• c)

  private and domestic servants of a staff member, who are neither nationals of the Netherlands, nor in the possession of a valid permanent residence permit.

3

The identity cards issued by the Government shall state the holder’s name, sex, date and place of birth, and nationality, and shall bear a photograph of the holder. This card shall serve to identify the holder in relation to the competent authorities.

4

The Agency shall make the personal data that will appear on the identity card available to the Government. The recipient authority of the Government shall make the data available to other authorities of the Government solely for the application of Annex I to the Convention and this Agreement.

5

Electronically accessible data on the identity cards shall be limited to the data listed in paragraph 3 of this Article. However, the Government may add further electronically accessible data provided this does not affect any of the rights under Annex I to the Convention and this Agreement. The Government shall inform the Agency of the intended changes at the earliest possible date prior to their implementation.

6

All visible and electronically accessible data on the identity card shall be subject to the data protection legislation (Wet Bescherming Persoonsgegevens) of the Kingdom of the Netherlands.

7

The Agency shall promptly return the identity cards of the persons mentioned in paragraph 2 of this Article after termination of employment of the staff member concerned, with due regard to the reasonable period stipulated in Article 12, paragraph 3 of this Agreement. The same shall apply to the identity cards of the persons mentioned in paragraph 2, subparagraph c of this Article after termination of their employment with a staff member.

1

The Director General of the Agency shall, when visiting the Netherlands, enjoy the same privileges and immunities as the Netherlands accords to heads of diplomatic missions in the Netherlands in accordance with the Vienna Convention.

2

The Head of ESTEC in the Netherlands, as the representative of the Director General of the Agency, shall enjoy the same privileges and immunities as the Netherlands accords to heads of diplomatic missions in the Netherlands in accordance with the Vienna Convention.

3

The same provisions shall apply to the members of their families forming part of their respective households.

1

Staff members, having the professional grade of A4/10 and above shall enjoy the same privileges and immunities as the Netherlands grants to diplomatic agents of the diplomatic missions established in the Netherlands, in accordance with the Vienna Convention, except that immunity from jurisdiction and personal inviolability shall not extend to acts performed outside the course of their official functions.

2

Staff members who are not service staff and who do not fall under paragraph 1 shall enjoy the same privileges and immunities as the Netherlands accords to administrative and technical staff of the diplomatic missions established in the Netherlands in accordance with the Vienna Convention, except that immunity from jurisdiction and personal inviolability shall not extend to acts performed outside the course of their official duties.

3

Service staff members 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.

4

The same provisions shall apply to the members of their families forming part of their respective households.

5

Immunity from jurisdiction shall not apply in the case of a motor traffic offence committed by a staff member nor in the case of damage caused by a motor vehicle belonging to or driven by a staff member.

1

For the duration of their employment with the Agency in the Netherlands, staff members shall be allowed to employ domestic servants or, where applicable, private servants.

2

The domestic or private servants referred to in paragraph 1 of this Article shall be required to hold neither a work permit nor a residence permit.

1

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

2

Paragraph 1 of this Article shall also apply to the members of their families forming part of their respective households.

1

Articles 14 to 17 shall not apply to nationals and permanent residents of the Netherlands and staff members having an initial contract of less than two years, for the duration of that contract and without prejudice to privileges and immunities that subsequently may be enjoyed. They shall only enjoy immunity from jurisdiction, and inviolability, in respect of official acts performed in the exercise of their functions.

2

Nationals 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 Netherlands, shall be exempt from military service. In the event of other nationals of the Netherlands being called up for military service, the Minister of Defence of the Netherlands shall, at the request of the Agency, grant them such deferment as may be necessary to avoid the interruption of essential work.

3

Nationals or permanent residents covered by Article XV or XVI of Annex I to the Convention shall have the right specified under g) of Article XVI.

1

The Government shall facilitate the entry, stay and departure of the persons listed below:

• a)

  representatives of Member States, as defined in Article XIV of Annex 1 of the Convention;

• b)

  staff members and members of their family forming part of their household;

• c)

  experts and members of their family forming part of their household;

• d)

  domestic and private servants of staff members.

2

The Government shall, on the request of the Agency, facilitate the entry, stay and departure of persons attending official activities and programmes specified in Article V of the Convention.

3

Visas or, if appropriate, multiple-entry visas required by persons referred to in paragraph 1 and 2, shall be granted without charge and as promptly as possible.

4

The provisions under paragraphs 1 to 3 of this Article shall not preclude a request for presentation of reasonable evidence to establish that persons claiming the treatment provided for in these paragraphs fall within the categories described in paragraph 1 of this Article.

1

The Joint Consultative Committee shall facilitate the implementation of this Agreement through consultation between the relevant authorities 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 Netherlands.

1

This Agreement shall enter into force upon signature.

2

Upon its entry into force, this Agreement shall replace the Agreement between the European Space Agency and the Kingdom of the Netherlands of 10 February 1999, and the Agreement between the Kingdom of the Netherlands and the European Space Agency of 29 September 2006.

3

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

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.

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 Netherlands shall have the right to denounce this Agreement if the site referred to in paragraph i) of Article 1 of this 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 Netherlands gives notice of denunciation to the Agency.

1

In the event 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.