Verdrag tussen het Koninkrijk der Nederlanden en de Europese Politiedienst (Europol) betreffende de zetel van Europol

The Kingdom of the Netherlands

and

the European Police Office

Having regard to the conclusion of the European Council of 29 October 1993 that Europol shall be established in the Netherlands;

Whereas the Europol Convention entered into force on 1 October, 1998;

With reference to article 37 of the Europol Convention;

Have agreed as follows:

Article I. Definitions

In this Agreement:

• a). “Convention” means the Convention based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office;

• b). “Europol” means the European Police Office;

• c). “Protocol” means the Protocol concluded on 241)[Red: Bedoeld is 19.] June 1997 in accordance with article 41, paragraph 1 of the Convention;

• d). “Government” means the Government of the Kingdom of the Netherlands;

• e). “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;

• f). “Headquarters” means the area, any building, land or facilities ancillary thereto, irrespective of ownership, used by Europol on a permanent basis or from time to time to carry out its official functions;

• g). “Staff” means the Director, Deputy Directors and the employees of Europol as referred to in Article 30 of the Convention, with the exception of the local staff as referred to in Article 3 of the Staff Regulations;

• h). “Director” means the Director of Europol referred to in Article 29 of the Convention;

• i). “Organs of Europol” means the Management Board as referred to in Article 28 of the Convention, the Financial Controller as referred to in Article 35, paragraph 7 of the Convention, and the Financial Committee as referred to in Article 35, paragraph 8 of the Convention;

• j). “Board” means the Management Board referred to in Article 28 of the Convention;

• k). “Joint Supervisory Body” means the body as referred to in Article 24 of the Convention;

• l). “Archives of Europol” means all records, correspondence, documents, manuscripts, computer and media data, photographs, film, video and sound recordings belonging to or held by Europol or any of its Staff, and any other similar material which the Director and the Government may agree shall form part of the Archives of Europol.

Article II. Application of the Protocol

In case of conflict between this Agreement and the Protocol referred to in Article 1, sub c, setting out the rules to be applied in all Member States, on privileges and immunities necessary for the performance of their tasks, of Europol, the members of its Organs and the Deputy Directors and the employees of Europol, the Protocol shall prevail.

Article III. Inviolability of Headquarters

Article IV. Data Protection

The data protection legislation of the Host State shall not be applicable to personal data held by Europol for purposes of its internal administration, or the general information needs of its Staff, provided that as regards the processing of personal data rules have been established which ensure a level of protection equivalent to the protection set out in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and that these rules have been published in the Official Journal of the European Communities.

Article V. Protection of the Headquarters

The Host State authorities shall exercise due diligence to ensure that the security and tranquillity of the Headquarters are not impaired by any person or group of persons attempting unauthorized 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 VI. Law and authority in the Headquarters of Europol

Article VII. Specific Services to the Headquarters

Article VIII. Use of wireless transmitter

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

Article IX. Exemption from taxes and duties for Europol and its property

• a). motor vehicle tax;

• b). tax on passenger motor vehicles and motorcycles (BPM);

• c). value added tax paid on goods and services supplied on a recurring basis or involving considerable expenditure;

• d). excise duties included in the price of alcoholic beverages and hydrocarbons such as fuel oils and motor fuels;

• e). import taxes and duties;

• f). real property transfer tax;

• g). insurance tax;

• h). any other taxes and duties of a substantially similar character as the taxes provided for in this paragraph, imposed by the Netherlands subsequently to the date of signature of this Agreement.

Article X. Flag, emblem and markings

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

Article XI. Entry, stay and departure

• a). Staff;

• b). other persons, not being European Union citizens, on request of the Director.

Article XII. Privileges and immunities of members of the Organs of Europol, Staff, Joint Supervisory Body, experts and representatives of third States and of international organisations

• a). freedom to acquire and maintain within the Kingdom of the Netherlands or elsewhere foreign currency accounts and other movable, and, under the same conditions applicable to nationals of the Kingdom of the Netherlands, immovable property; and the termination of their employment with Europol the right to take their funds out of the Kingdom of the Netherlands through authorised channels without prohibition or restrictions;

• b). the same protection and repatriation facilities with respect to themselves, and members of the family forming part of the household, as accorded in time of international crisis to members having comparable rank, of the staff of diplomatic missions established in the Kingdom of the Netherlands;

• c). exemption, with respect to themselves, and members of the family forming part of the household, from immigration restrictions and alien registration;

• d). in accordance with the regulations in force, exemption from import taxes and duties, in respect of the import of their furniture and personal effects, at the time of first taking up their position in the Netherlands; however, no exemption shall be accorded in respect of taxes and duties which represent charges for specific services.

• a). the same facilities as regards monetary and exchange regulations and as regards their personal luggage as are accorded to the officials of foreign governments on temporary official missions;

• b). the same protection and repatriation facilities as accorded in time of international crisis to members having comparable rank, of the staff of diplomatic missions established in the Kingdom of the Netherlands;

• c). the right, for the purpose of all communications with Europol, to use codes and to dispatch or receive papers, correspondence or other official material by courier or in sealed bags.

• a). immunity from legal process of any kind in respect of words spoken or written, and of acts performed by them, in the exercise of their official functions, such immunity to continue notwithstanding that the persons concerned may have ceased to be members of the Joint Supervisory Body;

• b). inviolability of all their official papers, documents and other official materials;

• c). the same facilities as regards monetary and exchange regulations and as regards their personal luggage as are accorded to the officials of foreign governments on temporary official missions;

• d). the same protection and repatriation facilities as accorded in time of international crisis to members, having comparable rank, of the staff of diplomatic missions established in the Kingdom of the Netherlands;

• e). the right, for the purpose of all communications with Europol, to use codes and to dispatch or receive papers, correspondence or other official material by courier or in sealed bags.

• a). immunity from legal process of any kind in respect of words spoken or written, and of acts performed by them, in the exercise of their official functions, such immunity to continue notwithstanding that the persons concerned may no longer be employed on missions for, serving on committees of, or acting as consultants for Europol, or may no longer be present at the Headquarters or attending meetings convened by Europol;

• b). inviolability of all their official papers, documents and other official materials;

• c). the same immunities and facilities with respect to their personal luggage as are accorded to members, having comparable rank, of the staff of diplomatic missions established in the kingdom of the Netherlands;