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

The Kingdom of the Netherlands,

and

the European Space Agency

Having regard to the Convention for the establishment of a European Space Agency of 30 May 1975, and in particular to itsArticle VI and itsAnnex Ion Privileges and Immunities;

Having regard to the Agreement between the European Space Agency and the Kingdom of the Netherlands concerning the European Space Research Technology Centreof 10 February 1999;

Having regard to the Agreement between the Kingdom of the Netherlands and the European Space Agency regarding the registration of apprentices, who have been accepted by the European Space Agency into its apprenticeship programme in the Netherlands of 23 July 2004;

Considering the need to adapt the Agreement between the European Space Agency and the Kingdom of the Netherlands concerning the European Space Research Technology Centre of 10 February 1999 to the present circumstances;

Having regard in particular to Article XV.3 of the Convention for the establishment of a European Space Agency of 30 May 1975 and to Article XXVIII of Annex I thereto;

Have agreed as follows:

Article 1. Definitions

For the purposes of this Agreement:

• a). “Convention” means the Convention for the establishment of a European Space Agency of 30 May 1975;

• b). “Director General” means the Director General referred to in Article XII, paragraph 1 b) of the Convention;

• c). “the Agency” means the European Space Agency;

• d). “ESTEC” means the European Space Research Technology Centre of the Agency located in the Netherlands;

• e). “Staff member” means a member of the staff of the Agency exercising his functions in the Netherlands who has been appointed further to Article XII of the Convention;

• f). “Experts” means persons, referred to in Article XII, paragraph 3 d) of the Convention and Article XVII of Annex I of the Convention performing missions or tasks authorised by the Agency;

• g). “Government” means the Government of the Netherlands;

• h). “Member State” means a State party to the Convention pursuant to Article XX and XXII thereof;

• i). “Site” means the surface of land put at the disposal of the Agency, in accordance with the notarial deed of 9 November 1966, as amended by notarial deeds of 24 April 1994 and 16 November 2006;

• j). “Premises” means the site, the buildings, parts of buildings and land or facilities ancillary thereto, including installations and facilities made available to, or maintained, occupied or used by the Agency in the Netherlands for the performance of its official activities. The Agency shall communicate plans of these premises to the Government;

• k). “Representative of Member States” means the designated representative of a State party to the Convention;

• l). “Vienna Convention” means the Vienna Convention on Diplomatic Relations of 18 April 1961;

• m). “Members of the family forming part of a staff member’s household” has the meaning specified in Article 11 of this Agreement.

Article 2. Application of Annex I to the Convention

For the pursuit of its official activities within the territory of the Netherlands, the Agency shall enjoy the privileges and immunities defined in Annex I to the Convention and in any relevant complementary agreement in force between the Government and the Agency in accordance with the provisions for its implementation, set out in this Agreement. This Agreement shall not detract from Annex I to the Convention.

Article 3. Rights incidental to use of the site

Article 4. Permits

The Government undertakes to issue in a timely fashion the necessary permits for the buildings and installations the Agency requires for its operation and their expansion as provided for in Article 3. Charges for permits shall be proportional to the service rendered.

Article 5. Communications

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.

Article 6. Inviolability of the premises

Article 7. Inviolability of the archives

The inviolability of the archives referred to in Article III of Annex I to the Convention shall apply to the entire archives, correspondence, documents, manuscripts, photographs, films, recordings, computer and media data, data carriers and any other similar material belonging to or held by the Agency, wherever they are located and by whomsoever they are held, and all the information contained therein.

Article 8. Applicable law

Without prejudice to the provisions of the Convention and Annex I thereto and to any relevant complementary agreement between the Government and the Agency, the laws of the Netherlands shall apply within the premises and to the activities of the Agency carried out on the territory of the Netherlands.

Article 9. Liability for injury or damage

Article 10. Exemption from taxes and duties

• 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.

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.

Article 11. Members of the Family

• 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.

Article 12. Work permit, residence permit, compulsory registration

• 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.