LegalizeGastlandverdrag 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
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
The Register shall possess juridical personality under the national laws of the host State and thus enjoy such legal capacity as is necessary for the exercise of its functions, fulfilment of its mandate and the protection of its interests, in particular the capacity to contract and to acquire and dispose of movable and immovable property.
The Executive Director shall represent the Register and act on its behalf.
Article 4. Inviolability of the premises
The premises shall be inviolable. Without prejudice to Article 32 of this Agreement, the competent authorities shall ensure that the Register is not dispossessed and/or deprived of all or any part of its premises without its express consent.
The competent authorities shall not enter the premises to perform any official duty, except with the express consent, or at the request of the Secretary General of the Council of Europe or the Executive Director, or an official designated by the Executive Director. Judicial actions and the service or execution of legal process, including the seizure of private property, cannot be enforced on the premises except with the consent of, and in accordance with conditions approved by Secretary General of the Council of Europe, or an official designated by him or her.
In case of fire or other emergency requiring prompt protective action, or in the event that the competent authorities have reasonable cause to believe that such an emergency has occurred or is about to occur on the premises, the consent of the Executive Director, or an official designated by him or her, to any necessary entry into the premises shall be presumed if neither of them can be contacted in time.
Subject to paragraphs 1, 2 and 3 of this Article, the competent authorities shall take the necessary action to protect the premises against fire or other emergency.
The Register shall prevent its premises from being used as a refuge by persons who are avoiding arrest or the proper administration of justice under any law of the host State.
Article 5. Protection of the premises and their vicinity
The host State shall exercise due diligence to ensure that the security and tranquility of the premises are not impaired by any person or group(s) of persons attempting unauthorized entry into or onto the premises or creating disturbances in the immediate vicinity. As may be required for this purpose, the host State shall take adequate protection measures on the boundaries and in the vicinity of the Register’s premises.
The Register shall provide the competent authorities with all information relevant to the security and protection of the premises.
Article 6. Law and authority on the premises
The premises shall be under the control and authority of the Register as provided for in this Agreement.
Except as otherwise provided in this Agreement and in the Council of Europe’s or the Register’s governance documents and regulations and staff rules promulgated thereunder concerning employment conditions of officials, the laws and regulations of the host State shall apply on the premises. The Council of Europe and the Register shall promptly inform the host State of any such existing regulations and rules and promptly advise the host State of any newly adopted regulations and rules.
The Register may display such signs, plaques, flags, and emblems on the premises as it deems appropriate.
The Register may expel or exclude persons from the premises for violation of its regulations.
Article 7. Public services for the premises
The competent authorities shall secure, upon the request of the Executive Director, or an official designated by him or her, on fair and equitable conditions, the public services needed by the Register such as, but not limited to, postal, telephone, telegraphic services, any means of communication, electricity, water, gas, sewage, collection of waste, fire protection, local transportation and cleaning of public streets, including snow removal.
In cases where the services referred to in paragraph 1 of this Article are made available to the Register by the competent authorities, or where the prices thereof are under their control, the rates for such services shall not exceed the lowest comparable rates accorded to essential agencies and organs of the host State.
In case of any interruption or threatened interruption of any such services, the Register shall be accorded the priority given to essential agencies and organs of the host State, and the host State shall take steps accordingly to ensure that the work of the Register is not prejudiced.
Upon request of the competent authorities, the Executive Director, or an official designated by him or her, shall make suitable arrangements to enable duly authorised representatives of the appropriate public services to inspect, repair, maintain, reconstruct and relocate utilities, conduits, mains and sewers on the premises under conditions which shall not unreasonably disturb the carrying out of the functions of the Register.
Underground constructions may be undertaken by the competent authorities on the premises only after consultation with the Executive Director, or an official designated by him or her, and under conditions which shall not disturb the carrying out of the functions of the Register.
Article 8. Facilities and immunities in respect of communications
The host State shall permit the Register to communicate freely and without a need for special permission, for all official purposes and shall protect the right of the Register to do so.
No censorship shall be applied to the official communications or correspondence of the Register, whether in physical or digital form or in any other electronic format.
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
The Register, its funds, assets and other property, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process in the host State, except in so far as in any particular case the Conference of Participants has expressly authorised the waiver of this immunity. Such a waiver shall not be held to imply a waiver of immunity in respect of the execution of judgments.
Funds, assets and other property of the Register, wherever located and by whomsoever held, shall, in the host State, be immune from search, seizure, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.
To the extent necessary to carry out the functions of the Register, funds, assets and other property of the Register, wherever located and by whomsoever held, shall be exempt from restrictions, regulations, control or moratoria of any nature.
Article 12. Exemption of the Register and its property from taxes and duties
Within the scope of its official activities, the Register, its assets, income and other property shall be exempt from all direct taxes, whether levied by national, provincial or local authorities.
Within the scope of its official activities, the Register shall be exempt from:
- a). import and export taxes and duties (belastingen bij invoer en uitvoer);
- b). motor vehicle tax (motorrijtuigenbelasting);
- c). tax on passenger motor vehicles and motorcycles (belasting van personenauto’s en motorrijwielen);
- d). value added tax (omzetbelasting) 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, as well as chemical supplies;
- f). real property transfer tax (overdrachtsbelasting);
- g). insurance tax (assurantiebelasting);
- h). energy tax (energiebelasting);
- i). tax on mains water (belasting op leidingwater);
- j). any other taxes and duties of a substantially similar character as the taxes provided for in this paragraph, levied in the host State subsequent to the date of signature of this Agreement.
The exemptions provided for in paragraph 2, subparagraphs (d), (e), (f), (g), (h), (i), and (j) of this Article may be granted by way of a refund. These exemptions shall be applied in accordance with the formal requirements of the host State. These requirements, however, shall not affect the general principles laid down in paragraph 2 of this Article.
Goods acquired or imported under the terms set out in paragraph 2 of this Article shall not be sold, let out, given away or otherwise disposed of, except in accordance with conditions agreed upon with the host State.
The Register shall not claim exemption from taxes which are, in fact, no more than charges for public utility services provided at a fixed rate according to the amount of services rendered and which can be specifically identified, described and itemized.
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
The host State shall facilitate, if required, the entry, stay, and departure for purposes of official business of the persons listed below. The host state shall furthermore facilitate the entry, stay, and departure for purposes of official business of the family members forming part of the household of the persons mentioned in subparagraph (c) and (d). The host State shall also facilitate the entry, stay and departure for purposes of official business of the family members forming part of the household of persons mentioned in subparagraph (b) in the case that such persons will stay in the host State for a consecutive period of six months or longer, and of persons mentioned in subparagraph (e) in consultation with the host State:
- a). representatives of Participants and Associate Members of the Conference of Participants
- b). members of the Board;
- c). the Executive Director;
- d). officials of the Register;
- e). experts;
- f). interns; and
- g). other persons invited to the host State headquarters or to meetings of the Register upon request of the Board or the Executive Director.
This Article shall not prevent the requirement of reasonable evidence to be provided by the Register to establish that persons claiming the treatment provided for in this Article fall under one of the categories in paragraph 1 above.
Visas which may be required by persons referred to in this Article shall be granted without charge and as promptly as possible.
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.