Gastlandverdrag tussen het Koninkrijk der Nederlanden en de Raad van Europa betreffende de zetel van het register van schade veroorzaakt door de agressie van de Russische Federatie tegen Oekraïne

Host State Agreement between the Kingdom of the Netherlands and the Council of Europe regarding the Seat of the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine

The Kingdom of the Netherlands

and

the Council of Europe,

Bearing in mind the policy of the Kingdom of the Netherlands to promote the development of the international legal order;

Noting that by Resolution of the Committee of Ministers CM/Res(2023)3 of 12 May 2023 the Council of Europe established the Enlarged Partial Agreement on the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine as a platform for intergovernmental co-operation, acting within the institutional framework of the Council of Europe;

Welcoming the wish of the Council of Europe to establish a seat for the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine in the Kingdom of the Netherlands;

Desiring to lay down conditions concerning the privileges, immunities, facilities, and services of and related to the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine in the territory of the Kingdom of the Netherlands as are necessary for the fulfillment of the purposes of the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine;

Have agreed as follows:

Article

1

Use of terms

For the purpose of this Agreement:

  • a)

    “Agreement” means this Host State Agreement between the Kingdom of the Netherlands and the Council of Europe;

  • b)

    “Host State” means the Kingdom of the Netherlands;

  • c)

    “Register” means the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine as created by Resolution CM/Res (2023)3 of the Committee of Ministers of the Council of Europe establishing the Enlarged Partial Agreement on the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine;

  • d)

    “Parties” means the Council of Europe and the host State;

  • e)

    “Vienna Convention” means the Vienna Convention on Diplomatic Relations of 18 April 1961;

  • f)

    “General Agreement” means the General Agreement on Privileges and Immunities of the Council of Europe of 2 September 1949;

  • g)

    “Executive Director” means the Executive Director of the Register and during his or her absence, any other official specifically designated to act on his or her behalf;

  • h)

    “Officials of the Register” means the Executive Director and all members of the staff of the Secretariat of the Register;

  • i)

    “Family members forming part of the household” means

    • Spouses and registered partners of the official or a member of the Board of the Register continuously living with the official or a member of the Board of the Register;

    • children of the official or the member of the Board of the Register under the age of 18;

    • children of the official or the member of the Board of the Register up to and including the age of 24 provided that they are unmarried, financially dependent on their parents and living continuously in the Netherlands during the posting of their parent(s) in the host State;

    • relatives dependent on the official as agreed upon between the host State and the Register.

  • j)

    “Experts” means persons, other than officials, who are appointed on a temporary basis to support the work of the Register and its officials on one or more specific tasks or projects with specialized skills;

  • k)

    “Interns” means persons who are awarded a traineeship by the Register on a temporary unsalaried basis and who may or may not receive a stipend or allowance;

  • l)

    “Premises” means buildings, parts of buildings and areas, including installations and facilities of the headquarters made available to, maintained, occupied or used by the Register headquarters in the host State in consultation with the host State in connection with its functions and purposes;

  • m)

    “Property” means all property (be it material, real, or intellectual), assets, and funds belonging to the Register or held or administered by the Register in furtherance of its functions;

  • n)

    “Ministry of Foreign Affairs” means the Ministry of Foreign Affairs of the host State;

  • o)

    “Competent authorities” means national, provincial, municipal and other competent authorities under the laws, regulations and customs of the host State.

Article

2

Purpose

This Agreement shall regulate matters relating to or arising out of the establishment and the proper functioning of the Register. It shall, inter alia, create conditions conducive to the security and independence of the Register and facilitate its smooth and efficient functioning.

Article

3

Legal status, juridical personality and representation

Article

4

Inviolability of the premises

Article

5

Protection of the premises and their vicinity

Article

6

Law and authority on the premises

Article

7

Public services for the premises

Article

8

Facilities and immunities in respect of communications

Article

9

Inviolability of archives

The archives of the Register, all papers and documents in whatever form, materials, including databases, data processing systems and data contained therein, held by the Register or belonging to it, shall be inviolable.

Article

10

Freedom of financial assets from restrictions

The Register may purchase, receive, convert and hold any kind of funds, currency, cash or securities. It may use or dispose of them freely for any purpose in accordance with its official activities and hold accounts in any currency to the extent required to meet its obligations.

Article

11

Funds, assets and other property

Article

12

Exemption of the Register and its property from taxes and duties

Article

13

Exemption from import and export restrictions

The Register shall be exempt from all restrictions on imports and exports in respect of articles imported or exported by the Register for its official use.

Article

14

Entry, stay and departure

Article

15

Privileges, immunities and facilities of members of the Board

Article

16

Privileges, immunities and facilities of representatives of the Conference of Participants

Article

17

Privileges, immunities and facilities of officials of the Register

Article

18

Experts

Article

19

Interns

Article

20

Personnel recruited locally and not otherwise covered by this Agreement, such as personnel assigned to hourly rates

Personnel recruited locally and not otherwise covered by this Agreement, such as personnel assigned to hourly rates, shall be accorded immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity for the Register. This immunity shall continue after the cessation of their assignment.

Article

21

Exceptions to immunities

The immunity granted to persons mentioned in Article 15, Article 16, Article 17, Article 18 and Article 20, shall not extend to cases involving a motor traffic offence committed by any such person nor to any civil action by a third party for damages, including personal injury or death, arising from a traffic accident caused by any such person.

Article

22

Protection of personnel

The host State shall, if so requested by the Secretary General or the Executive Director 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 the Register within the host State.

Article

23

Notification and identification cards

Article

24

Social security

The social security system of the Council of Europe offers coverage comparable to the coverage under the legislation of the host State. The social security and pension scheme of the Council of Europe applies to the Register and its officials who shall be exempt from social security provisions of the host State.

Article

25

Employment of family members of members of the Board and of family members of officials of the Register

Article

26

Waiver of immunities

Article

27

Co-operation with the competent authorities

Article

28

Settlement of disputes

Article

29

Interpretation of the Agreement

This Agreement shall be interpreted in light of its primary purpose of enabling the Register through opening and maintaining its office in the host State to fully and efficiently discharge its responsibilities and fulfill its purposes.

Article

30

Amendments

This Agreement may be amended by mutual written consent by the Parties.

Article

31

Application

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

Article

32

Entry into force and termination

IN WITNESS WHEREOF, the undersigned, duly authorized thereto, have signed this Agreement.

DONE at Strasbourg, in duplicate, in the English and French language.

For the Kingdom of the Netherlands,

on 14 July 2023,

TANJA GONGGRIJP

For the Council of Europe,

on 12 July 2023,

MARIJA PEJČINOVIĆ BURIĆ