29 JANVIER 2002. - Act enacting the Agreement concluded by exchange of letters dated 23 December 1998 and 19 February 1999 between the Kingdom of Belgium and the Kingdom of the Netherlands concerning the privileges and immunities of Belgian officers seconded to Europol (1) (2)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1
er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement concluded by exchange of letters dated 23 December 1998 and 19 February 1999 between the Kingdom of Belgium and the Kingdom of the Netherlands concerning the privileges and immmunities of Belgian liaison officers detached from Europol will emerge its full and complete effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 29 January 2002.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
The Minister of the Interior,
A. DUQUESNE
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Session 2000-2001.
Senate.
Documents. - Bill tabled on 31 July 2001, No. 2-883/1.
Session 2001-2002
Report, no. 2-883/2.
Annales parlementaire . - Discussion, meeting of 29 November 2001. - Vote, meeting of 29 November 2001.
Room.
Session 2001-2002
Documents. - Project transmitted by the Senate, Report, No. 50-1537/1. - Text adopted in plenary and subject to Royal Assent, No. 50-1537/2
Annales parliamentarians. - Discussion, meeting of December 18, 2001. - Vote, meeting of 20 December 2001.
(2) This Treaty entered into force on 1
er August 2002.
Brussels, 23 December 1998
Minister,
Referring to paragraph 2 of Article 41 of the Convention establishing a European Police Office (Europol Convention), signed on 26 July 1995, in Brussels, I have the honour to suggest to you that the privileges and immunities necessary to carry out the duties of liaison officers within Europol are subject to an agreement as set out in the annex.
If you agree with the proposal, I propose that this letter and your reply will constitute an agreement between the Kingdom of the Netherlands and the Kingdom of Belgium, which will be applied provisionally on the fifteenth day after the date of receipt of your reply and which will enter into force on the first day of the month following the date on which the two parties have mutually informed each other that the legal procedures required for the entry into force have been completed.
Please accept, Minister, the assurances of my highest consideration.
Eduard Röell,
Ambassador of the Netherlands.
His Excellency Mr. Erik Derycke, Minister of Foreign Affairs, rue des Petits Carmes 15, 1000 Brussels.
Annex
1. Definitions
At the end of this agreement:
(a) "liquid officer", any officer seconded to Europol, in accordance with Article 5 of the Europol Convention;
(b) "government", the Government of the Kingdom of the Netherlands;
(c) "the authorities of the host State", the governmental, municipal or other authorities of the Kingdom of the Netherlands in accordance with the context and the laws and customs applicable to the Kingdom of the Netherlands;
(d) "Member State", the Kingdom of Belgium;
(e) "the liaison officer's archives": all records, correspondences, documents, manuscripts, data on computer or other materials, photographs, films, video and sound recordings belonging to the liaison officer, or held by the liaison officer, and any similar material that, in the unanimous opinion of the member State and the government, is part of the liaison officer's archives.
2. Privileges and immunities
1. Subject to the provisions of this exchange of notes, the liaison officer, as well as members of his family who are part of his household and do not have Dutch nationality, shall enjoy the same privileges and immunities as granted to members of diplomatic personnel under the Convention on Diplomatic Relations, signed in Vienna on 18 April 1961.
2. Immunity granted to persons referred to in paragraph 1
er of this article does not extend to civil actions undertaken by a third party in the event of bodily or other damage, or homicide, which occurred during a traffic accident caused by these persons, without prejudice to Article 32 of the Europol Convention.
The immunity of criminal and civil jurisdiction will not apply to acts performed outside the performance of their duties.
3. Obligations for sending States and their personnel, which apply under the Vienna Convention to diplomatic personnel, apply to persons referred to in 1.
3. Entrance, stay and departure
1. The government facilitates, if necessary, the entry, stay and departure of the liaison officer and members of his family who are part of his household.
2. However, it may be necessary for persons who claim the treatment provided for in this section to demonstrate that they fall within the categories described in paragraph 1
er of this article.
3. Visas that may be necessary for the persons referred to in this article will be issued free of charge and as soon as possible.
4. Employment
Members of the family who are part of the liaison officer's household and who do not have the nationality of a member state of the EU will be exempt from the requirement to obtain a work permit during the detachment of the liaison officer.
5. Inviolability of archives
The liaison officer's records are inviolable, regardless of their location and regardless of the holder.
6. Protection of staff
The authorities of the host State shall, if requested by the Member State, take all reasonable measures consistent with their national legislation to ensure the necessary security and protection of the liaison officer and members of his family who are part of his household, whose security is threatened by the fulfilment of the duties of the liaison officer in Europol.
7. Immunities and immunities relating to communications
1. The Government authorizes the liaison officer to communicate freely and without having to apply for special leave, in all its official duties, and protects this right conferred on the liaison officer. The liaison officer is authorized to use codes and to send and receive official correspondence and other official communications by courier or sealed suitcase with the same privileges and immunities as those granted to diplomatic couriers and suitcases.
2. Within the limits of the International Telecommunications Convention of 6 November 1982, the liaison officer shall receive for his or her official communications a treatment that is no less favourable than that accorded by Member States to any international or governmental organization, including the diplomatic missions of those governments, with regard to the priorities for communication by mail, cables, telegrams, telex, radio, television, telephone, fax, satellite or other means of communication.
8. Notification
1. The Member State shall notify the Government as soon as possible of the name of the liaison officer, the date of his arrival and final departure or the termination of his or her detachment, as well as the date of the final arrival and departure of the members of the family in his or her household and, where appropriate, shall inform the Government that a person has ceased to be a part of the household.
2. The Government will issue an identity card to the liaison officer and family members in his household bearing the photograph of the holder. The holder will use this card to justify his identity to all authorities of the host State.
9. Settlement of disputes
1. Any dispute between the Member State and the Government relating to the interpretation or application of this agreement, or any matter relating to the liaison officer or the relationship between the Member State and the Government that is not settled in amicably, shall be decided by a court composed of three arbitrators, at the request of the Member State or Government. Each party will appoint an arbitrator. The third, which will be the president, will be designated by the first two arbitrators.
2. If one of the parties fails to appoint an arbitrator within two months of a request from the other party to that effect, the other party may request the President of the Court of Justice of the European Communities or, in his absence, the Vice-President to make such an appointment.
3. If the first two arbitrators cannot agree on the choice of the third within two months of their appointment, each party may request the President of the Court of Justice of the European Communities or, in his absence, the Vice-President to make such an appointment.
4. Unless the parties agree otherwise, the court will determine its own procedure.
5. The court shall make its decision by a majority vote. The president will have a preponderant voice. The decision will be final and binding on the parties in dispute.
10. Scope
With respect to the Kingdom of the Netherlands, this Convention will apply only to the part of the Kingdom located in Europe.
Brussels, 19 February 1999
Excellency,
I have the honour to acknowledge receipt of your letter dated 23 December 1998 on the privileges and immunities of liaison officers in Europol, which reads as follows:
QUOTE
Minister,
Referring to paragraph 2 of Article 41 of the Convention establishing a European Police Office (Europol Convention), signed on 26 July 1995 in Brussels, I have the honour to suggest to you that the privileges and immunities necessary to carry out the duties of liaison officers within Europol are subject to an agreement as set out in the annex.
If you agree with the proposal, I propose that this letter and your reply will constitute an agreement between the Kingdom of the Netherlands and the Kingdom of Belgium, which will be applied provisionally on the fifteenth day after the date of receipt of your reply and which will enter into force on the first day of the month following the date on which the two parties have mutually informed each other that the legal procedures required for the entry into force have been completed.
Please accept, Minister, the assurances of my highest consideration,
Eduard Roëll,
Ambassador of the Netherlands
Annex
1. Definitions
At the end of this agreement:
(a) "liquid officer", any officer seconded to Europol, in accordance with Article 5 of the Europol Convention;
(b) "government", the Government of the Kingdom of the Netherlands;
(c) "the authorities of the host State", the governmental, municipal or other authorities of the Kingdom of the Netherlands in accordance with the context and the laws and customs applicable to the Kingdom of the Netherlands;
(d) "Member State", the Kingdom of Belgium;
(e) "the liaison officer's archives": all records, correspondences, documents, manuscripts, data on computer or other materials, photographs, films, video and sound recordings belonging to the liaison officer, or held by the liaison officer, and any similar material that, in the unanimous opinion of the member State and the government, is part of the liaison officer's archives.
2. Privileges and immunities
1. Subject to the provisions of this exchange of notes, the liaison officer, as well as members of his family who are part of his household and do not have Dutch nationality, shall enjoy the same privileges and immunities as granted to members of diplomatic personnel under the Convention on Diplomatic Relations, signed in Vienna on 18 April 1961.
2. Immunity granted to persons referred to in paragraph 1
er of this article does not extend to civil actions undertaken by a third party in the event of bodily or other damage, or homicide, which occurred during a traffic accident caused by these persons, without prejudice to Article 32 of the Europol Convention.
The immunity of criminal and civil jurisdiction will not apply to acts performed outside the performance of their duties.
3. Obligations for sending States and their personnel, which apply under the Vienna Convention to diplomatic personnel, apply to persons referred to in 1.
3. Entrance, stay and departure
1. The government facilitates, if necessary, the entry, stay and departure of the liaison officer and members of his family who are part of his household.
2. However, it may be necessary for persons who claim the treatment provided for in this section to demonstrate that they fall within the categories described in paragraph 1
er of this article.
3. Visas that may be necessary for the persons referred to in this article will be issued free of charge and as soon as possible.
4. Employment
Members of the family who are part of the liaison officer's household and who do not have the nationality of a member state of the EU will be exempt from the requirement to obtain a work permit during the detachment of the liaison officer.
5. Inviolability of archives
The liaison officer's records are inviolable, regardless of their location and regardless of the holder.
6. Protection of staff
The authorities of the host State shall, if requested by the Member State, take all reasonable measures consistent with their national legislation to ensure the necessary security and protection of the liaison officer and members of his family who are part of his household, whose security is threatened by the fulfilment of the duties of the liaison officer in Europol.
7. Immunities and immunities relating to communications
1. The Government authorizes the liaison officer to communicate freely and without having to apply for special leave, in all its official duties, and protects this right conferred on the liaison officer. The liaison officer is authorized to use codes and to send and receive official correspondence and other official communications by courier or sealed suitcase with the same privileges and immunities as those granted to diplomatic couriers and suitcases.
2. Within the limits of the International Telecommunication Convention, of 6 November 1982, the liaison officer shall receive for his or her official communications a treatment that is no less favourable than that granted by the Member States to any international or governmental organization, including the diplomatic missions of these governments, with regard to the priorities for communication by mail, cables, telegrams, telex, radio, television, telephone, fax, satellite or other means of communication.
8. Notification
1. The Member State shall notify the Government as soon as possible of the name of the liaison officer, the date of his arrival and final departure or the termination of his or her detachment, as well as the date of the final arrival and departure of the members of the family in his or her household and, where appropriate, shall inform the Government that a person has ceased to be a part of the household.
2. The Government will issue an identity card to the liaison officer and family members in his household bearing the photograph of the holder. The holder will use this card to justify his identity to all authorities of the host State.
9. Settlement of disputes
1. Any dispute between the Member State and the Government relating to the interpretation or application of this Convention, or any matter relating to the liaison officer or the relationship between the Member State and the Government that is not settled in amicable manner, shall be decided by a court composed of three arbitrators, at the request of the Member State or Government. Each party will appoint an arbitrator. The third, which will be the president, will be designated by the first two arbitrators.
2. If one of the parties fails to appoint an arbitrator within two months of a request from the other party to that effect, the other party may request the President of the Court of Justice of the European Communities or, in his absence, the Vice-President to make such an appointment.
3. If the first two arbitrators cannot agree on the choice of the third within two months of their appointment, each party may request the President of the Court of Justice of the European Communities or, in his absence, the Vice-President to make such an appointment.
4. Unless the parties agree otherwise, the court will determine its own procedure.
5. The court shall make its decision by a majority vote. The president will have a preponderant voice. The decision will be final and binding on the parties in dispute.
10. Scope
With respect to the Kingdom of the Netherlands, this Convention will apply only to the part of the Kingdom located in Europe.
UNQUOTE
I have the honour to inform you that the content of your letter dated 23 December 1998, including its annex, meets my approval.
Your letter of 23 December 1998 and this letter together constitutes an agreement between the Kingdom of the Netherlands and the Kingdom of Belgium.
I take this opportunity, Mr Ambassador, to renew to Your Excellency the assurance of my highest consideration,
Erik DERYCKE
