Verdrag tussen het Koninkrijk der Nederlanden en Eurojust

Type Verdrag

Publication 2006-04-01

State In force

Source BWB

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

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.

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.

The archives of Eurojust shall be inviolable.

Article 3. Inviolability of the Headquarters of Eurojust

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.

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.

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

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

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.

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.

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

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

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

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.

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.

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

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.

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.

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.

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.

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

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.

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.

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

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.

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.

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.

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

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.

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;

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.

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

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.

De raadpleging van dit document komt niet in de plaats van het lezen van het oorspronkelijke Staatsblad of de Staatscourant. Wij aanvaarden geen aansprakelijkheid voor eventuele onnauwkeurigheden die voortvloeien uit de omzetting van het origineel naar dit formaat.