On The Headquarters Agreement Between The Government Of The Republic Of Latvia And The European Regulators For Electronic Communications Office

Original Language Title: Par Mītnes līgumu starp Latvijas Republikas valdību un Eiropas Elektronisko sakaru regulatoru iestādes biroju

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/232254

The Saeima has adopted and the President promulgated the following laws: on the headquarters agreement between the Government of the Republic of Latvia and the European regulators for electronic communications Office article 1. 2011 February 24, Riga, signed a headquarters agreement between the Government of the Republic of Latvia and the European regulators for electronic communications Office (hereinafter referred to as the Treaty) this law is adopted and approved.
2. article. Contractual obligations shall coordinate the traffic Ministry. Treaty 8, 9 and 10, article 11 1, 2, 3 and 5, article 12 1, 2, 3 and 4 and in article 17 of the said commitments provides the Department of Foreign Affairs and the Ministry of finance, 13 and referred to in article 16 obligations provide the Ministry of Foreign Affairs, and the obligations referred to in article 18 implementation provides the Ministry of education and science.
3. article. The agreement shall enter into force for the period specified in article 20 and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal".
4. article. The law shall enter into force on the day following its promulgation. With the law put for Latvian language in the contract.
The Saeima adopted the law on 9 June 2011.
President Valdis Zatlers in Riga V 2011 June 29 headquarters agreement between the Government of the Republic of Latvia and the European regulators for electronic communications in the Office of the Government of the Republic of Latvia, hereinafter "the Government", and European regulators for electronic communications Office, hereinafter ' the Office ' COUNCIL, hereinafter collectively referred to as the "parties", having regard to the European Parliament and of the Council of 25 November 2009. Regulation (EC) no 1211/2009 (18 December 2009 OJ , L 337/1), establishing a European regulators for electronic communications BEREC and the Office, hereinafter ' the COUNCIL regulation ', having regard to the Protocol on the privileges and immunities of the European Union, hereinafter referred to as "the Protocol", having regard to the staff regulations of officials of the European communities and the conditions of employment of other servants of the European communities, as well as the rules of the European Union adopted jointly by the institutions of the application of those staff regulations and conditions of employment, whereas 1. The representatives of the Governments of the Member States on 31 May 2010, the decision provides that the Office of the headquarters of the COUNCIL is provided in Riga, Latvia (2010/346/EU);
2. Article 23 of the regulation, the COUNCIL has specified that the Protocol shall apply to the Office of the COUNCIL and its staff;
3. Article 10 of the COUNCIL regulation specifies that the COUNCIL Office staff, including the Administrative Manager, of the European Communities staff regulations of officials and the conditions of employment of other servants of the European communities and the rules of procedure of the institutions of the European Union have jointly adopted for the application of those staff regulations and conditions of employment;
4. Article 10 of the COUNCIL regulation 4 specifies that the work ... in the Office could be temporarily seconded experts from Member States, but not for more than three years;
5. For the implementation of certain articles of the Protocol, as well as the additional objectives are required additional administrative rules, have reached the following agreement: article 1 definition 1. In connection with this agreement between the Government and the Office of the COUNCIL and the Government and COUNCIL Office in the Protocol, the following definitions shall apply: (a) all references to) the Protocol the European Union to read as references to the Bureau of the COUNCIL, (b)) all references to European Union officials and other employees to read as references to the Office staff ... , c) without prejudice to Protocol 6, 12, 14 and 15 article, references to the Council and the Commission in this document read as referring to the administrative COUNCIL of the Office Manager, d) ... Office staff is staff, which, in accordance with article 10 of COUNCIL Regulation (1) of the COUNCIL Office employs directly, i.e. temporary and contract agents seconded experts, e) are the people of the Member States, national regulators for electronic communications or other employers to work at the Office s ... in accordance with article 10 of COUNCIL Regulation (4).
2. In connection with this agreement ... is the seat of the Office buildings, facilities and land used by the Office of ... their service obligations in Riga, including office space and archive materials.
Article 2 legal capacity ... the Office is an institution of the European Union, and in accordance with article 6 of the regulation the COUNCIL has legal personality. It shall enjoy the most extensive legal capacity may, in accordance with the legislation of the Republic of Latvia are granted to legal persons. More specifically, it has the right to conclude contracts, to acquire and dispose of movable and immovable property and be a party to legal proceedings.
3. Article 1 of government investment in the Government Office work ... will ensure full institutional support.
2. the COUNCIL office buildings, and equipment used will be described in the Government and the Office of the COUNCIL, the memorandum of understanding after consulting the budgetary authority. The memorandum of understanding will be included in the requirements, conditions, and specifications relating to the premises, as well as the conditions under which the Office of ... they will use.
3. at the request of the Office of ... the Government will offer administrative support personnel to the COUNCIL Office needs and features of this Office organize local procurement procedures for the acquisition of office equipment, including communication infrastructure (information technology and information and communication technology equipment), the purchase of office furniture, as well as, where appropriate, possible agreements with external security personnel.
Article 4 inviolability and immunity 1. the headquarters of the Office of ... regardless of ownership is inviolable in accordance with the Protocol to article 1 and 2, except where the COUNCIL Office is explicitly waives such immunity. To END the search of offices not covered by the confiscation, requisition, or expropriation. ... Property and assets of the Office, regardless of their location or the holder without the permission of the Court of Justice of the European Union are not subject to any administrative or legal enforcement efforts, regardless of whether it provides for an Executive, administrative, procedural or legislative action.
2. the premises of the COUNCIL without the ... Office Manager or his authorised persons prior authorisation must not enter any officials of the Republic of Latvia. Such permission shall not receive fire or other disasters, hazards may occur if public health and safety.
3. the archives of the Office ..., official correspondence and any attributable to this Office or the property, as well as the use of the service is untouchable.
4. The Government shall take all appropriate measures to ensure the protection of the Office of ... home. ... Office Manager at the request of the Government, give the necessary support to maintain the order of office space.
5. Article 1 of the communication facilities for formal communication ... the Office is provided not less favourable treatment as regards the priorities of the Government, tariffs and fees for mail services, Telegraph, telefotogrāfij, telephone, telex and other communication modes applied to the Government of any other country, including its diplomatic missions, or intergovernmental organizations.
2. The Government shall ensure the official communications and correspondence of the privacy for both communication and correspondence, made from the Office or ... which it is addressed, and such communication and correspondence censorship do not apply.
3. the Office shall have the right ... to use a cipher and send as well as receive lists and other official materials by courier or in sealed mail shipments covered by the same privileges and immunities as diplomatic couriers and postal shipments.
6. Article 1 of the COUNCIL Security Office ... Office is responsible for your home security and maintenance of order. This is in accordance with the Protocol and this agreement is also responsible for compliance with the European Union and the Republic of Latvia, the law applicable to it.
2. to implement the responsibilities that it determined in accordance with paragraph 1, the COUNCIL, the Office shall take all the measures which are considered necessary and, more specifically, to establish internal rules, which are binding for all employees working in the Agency and its visitors. It can prohibit access to their headquarters for persons considered undesirable and can also release a host of such persons.
3. the firearms or other safety equipment wear and use the headquarters establishes the law of the Republic of Latvia.
Article 7 public services 1. According to the Office of the head of ... to demand the Government provide to the COUNCIL Office with the same priority as the Government's major agencies to provide public services necessary for the performance of job responsibilities. If any of the following services are no longer provided or if there is a possibility that such a service may be interrupted, then the relevant authorities of the Republic of Latvia to the COUNCIL Office, where as those that are just as important as the Government's main agency needs, and will take appropriate measures to ensure that the COUNCIL is not disrupted Office work.
2. for the purposes of this article, these public services include the supply of electricity, water supply, sewerage, waste collection, fire protection, gas supply, postal and electronic communications, but not only.
Article 8 exemptions 1. ... Office, its assets, income and other property shall be exempt from all direct taxes.

2. the COUNCIL Office is exempt from all national, regional and local administrations imposed excise duties, sales taxes and other taxes in respect of goods delivered to the Office ... and services when it needs service performs essential moveable and immovable property or service pirkumus1, which include direct and indirect taxes, in particular, of information and communication services, electricity and gas consumption or other fuel consumption in relation to ... Office space heating or cooling.
3. the procedures for the recovery of taxes: exemption from value added tax, excise duties and other indirect taxes, pay the tax in accordance with the procedural rules laid down for the representation of the European Union.
9. Article 1 of the inward and outward ... the Office is exempt from customs duties and other taxes and duties, prohibitions and restrictions in respect of any goods that it imported or exported, the performance of their duties.
2. Goods imported with the provisions of this agreement, the proposed exemption from taxes, may not be transferred to third parties for a consideration or free of charge, if not previously agreed with the authorities of the Republic of Latvia.
Article 10 COUNCIL Office vehicles 1. ... the Office is exempt from any taxes and for any import restrictions on vehicles intended for the use of the service to the Office of the COUNCIL, and spare parts for these vehicles.
2. Office of ... taking advantage of the exemption from the vehicle tax and fees for the use of these vehicles, which have been granted special registration series. These vehicles need fuel and lubricants are imported without applying the customs duties and taxes. ... The Office without any prohibition or restriction, and without any customs or other fees payment may freely sell these vehicles, when the five years since their importation.
11. Article 1 of the staff of the Office of ... in accordance with article 23 of COUNCIL regulation Protocol 11.-Article 15 and article 17 is applicable to employees of the Office of ..., including the Administrative Manager. And in addition to the privileges and immunities established by the abovementioned provisions, in relation to the COUNCIL Office staff, the following rules shall apply: (a) the COUNCIL Office paid) wages and remuneration, as well as the European Union, age, disability, survivor's pensions are exempt from State taxes, b) tax authorities reimbursed value added tax included in the price for those items, which are listed in Annex A, including the vehicle that ... Office, purchased on the market of the Republic of Latvia for personal use within one year of the commencement of work in the Republic of Latvia in accordance with the relevant provisions intended for the reimbursement of the value added in the Republic of Latvia for the resident to staff of international organisations, provided they are not Latvian nationals and permanent residents. One item price that includes value added tax, is not less than LVL 35, c) ... Office staff in the two years since the inception of ... in the Office without paying taxes, without prohibition or restriction, and no more than two services, has the right of residence in connection with the initial installation of your previous country of residence or citizenship of their country to export furniture and personal belongings, including vehicles that are purchased on the market of the country concerned , d) ... Office staff after completion of job responsibilities in the Office has the right to END without prohibition or restriction to export personal and household belongings, including vehicles that they use and their possession.
2. the staff of the Office of ... the Republic of Latvia shall be exempt from all compulsory contributions to social protection bodies. Thus, they are not in the social protection of the Republic of Latvia regulations unless they voluntarily engage in the Republic of Latvia, the social security system.
3. paragraph 2 shall apply mutatis mutandis to the COUNCIL Office Manager or employee family members who live with them, if they are not employed in Latvia by the employer, which is not a COUNCIL Office or, if they do not receive social security payments from the Republic of Latvia.
4. Government Office staff ... will guarantee immunity in relation to the jurisdiction of the Republic of Latvia in connection with the activities they have carried out their mandate in Office, including their oral or written statements. Immunity is also valid after they have ceased to perform his duties.
5. in addition to the privileges and immunities specified in the preceding paragraphs, the Administrative Manager and his family members who are permanently residing with him, unless they are nationals of the Republic of Latvia or has not acquired a long-term resident status before the END of the employment office, the Republic of Latvia are granted privileges and immunities, facilities and exemptions provided for heads of diplomatic missions and members of their families under the Vienna 18 April 1961 Convention on diplomatic relations. This also applies to persons who work in the administrative duties of the driver with a provisional working conditions during a period of not less than two months.
Article 12 seconded experts 1. seconded experts, the following rules shall apply: (a) any wages, allowances) and other charges paid by the Office of the COUNCIL, are exempt from State taxes, b) tax authorities reimbursed value added tax included in the price for those items, which are listed in Annex A, including vehicle, Office designated by COUNCIL experts purchased Latvian market personal use within one year of the commencement of work in the Republic of Latvia in accordance with the relevant provisions provided for the refund of value added tax in the Republic of Latvia for the resident to staff of international organisations, provided they are not Latvian nationals and permanent residents. One item price that includes value added tax, is not less than LVL 35, c) experts seconded two years since the inception of ... in the Office without paying taxes, without prohibition or restriction, and no more than two services, has the right of residence in connection with the initial installation of your previous country of residence or citizenship of their country to export furniture and personal belongings, including vehicles that are purchased on the market of the country concerned seconded experts, d) after the completion of the performance of the duties of the Agency is entitled, without prohibition or restriction to export personal and household belongings, including vehicles that they use and their possession.
2. wages, salaries, allowances and other payments, which shall be paid to the organization that posted this person ... Office, applicable to the agreement on the avoidance of double taxation, if the organization is not in the Republic of Latvia.
3. As long as the designated experts apply its national social security system, of which they are assigned to work in the Office, they END in the Republic of Latvia shall be exempt from all compulsory contributions to social protection bodies. Thus, this time they are not in the social protection of the Republic of Latvia regulations unless they voluntarily engage in the Republic of Latvia, the social security system.
4. paragraph 3 shall apply mutatis mutandis to the expert appointed family members who are permanently residing with them, if they are not employed in Latvia by the employer, which is not a COUNCIL Office or, if they do not receive social security benefits from the Republic of Latvia.
5. The Government appointed experts will guarantee immunity in relation to the jurisdiction of the Republic of Latvia in connection with the activities they have carried out their mandate in Office, including their oral or written statements. Immunity is also valid after they have ceased to perform his duties.
Article 13 entry and residence 1. The Government shall take any appropriate measures to facilitate the entry of the following persons, stay in and departure from the Home Office, the country whatever their nationality: (a) the Office of the Chief Administrative Officer of ...), employees and seconded experts, (b)) (a) of this paragraph) person in the family who permanently lives with them, as well as c) any experts invited COUNCIL Office.
2. Where the persons referred to in point requires a visa shall be issued as soon as possible. ... Office, through the diplomatic channels, shall inform the Ministry of Foreign Affairs of the Republic of Latvia concerning visa applications before submitting it to the appropriate consulates of the Republic of Latvia.
3. the Office of the Chief Administrative COUNCIL, staff and seconded experts, as well as their family members who are permanently residing with them, are exempt from immigration restrictions and aliens registration formalities.

4. the Ministry of Foreign Affairs issued a long-term Visa Office Manager ..., and in the Office of staff seconded expert family members who are not members of the European Union or in Iceland, Liechtenstein, Norway or Switzerland.
14. Article 1 of the COUNCIL Employment Office Manager, employees, as well as expert seconded to family members who are permanently residing with them, is available on the labour market without work permits asking, during their stay in the Republic of Latvia and the duration of the administrative COUNCIL of the Office of the Manager, the employee, or the designated expert Employment Office of the Republic of Latvia in the END.
2. the first paragraph of those persons who are employed in the Republic of Latvia have no immunity against the criminal, civil and administrative jurisdiction in relation to matters arising under or in connection with such work.
Article 15 Abuse Prevention Act 1. Privileges and immunities provided for in this agreement, granted in the interest of the Office ... but not the same person private benefits. COUNCIL Office and the responsibility of all persons who have been granted the following privileges and immunities to respect the laws of the Republic of Latvia and the norm in all other areas.
2. the Office always cooperate ... with the appropriate authorities of the Republic of Latvia, to promote the proper administration of Justice.
3. On a reasoned request, the Chief Administrative Officer of the Government repeals immunity ... Office staff or experts designated in all cases where such immunity would impede the course of Justice and where it can be waived without prejudice to the COUNCIL offices and the interests of the European Union.
4. at the request of the Government of ... based Office Management Committee abolished the Administrative Manager or the immunities of one of the members of the Management Committee in all cases where such immunity would impede the course of Justice and where it can be waived without prejudice to the COUNCIL offices and the interests of the European Union.
Article 16 notification of assignments, identification cards 1. ... the Office shall notify the Ministry of Foreign Affairs of the Republic of Latvia, when ... the Chief Administrative Office, the staff member concerned or the start or end an expert appointed to carry out their duties. Each year the COUNCIL Bureau Ministry of Foreign Affairs of the Republic of Latvia shall transmit the list to the END Office Manager, employees, as well as posted the names and addresses of experts.
2. the Ministry of Foreign Affairs of the Republic of Latvia, the administrative COUNCIL of the Office Manager, staff, designated experts, as well as their family members who are permanently residing with them, provided they are not Latvian nationals or permanent residents, issued special identification cards that represent the position of the person concerned and the status.
3. the Office had traveled the ... ... Office staff and their family members be returned to the State of the card Protocol within a week since the final departure of persons from the Republic of Latvia or the end of the job responsibilities. State Protocol can postpone the issuing of such an identification card for a new person to previous employees and their family members who are permanently residing with them, not given their ID card.
17. Article 1 of the social security COUNCIL Office is exempted from any mandatory contributions to social security schemes in the Republic of Latvia concerning the administrative COUNCIL office managers, employees, as well as seconded experts.
2. the Administrative Manager and staff of the Office of ... social security amount is in accordance with the rules and standards that apply to European Union officials and other employees.
18. Article 1 of the Education the Government undertakes to do everything possible to find, together with the Office of ... the best solution ... Office staff in education. The Republic of Latvia, the Ministry of education and science acts as a point of contact to provide additional information, and address the legitimate points in the education of children in the Republic of Latvia, if ... the Office requests it.
2. The Government shall promote to existing private and public international schools in Riga ... children of employees of the Office of European level training offered in English, French and German, as well as to the staff of the Office of ... children would have priority access to such education.
Article 19 settlement of disputes any dispute between the Government of the unBEREC Office in connection with the application of this Treaty, if possible, resolve friendly, direct conversation. If the dispute cannot be resolved amicably, the Government or the COUNCIL Office to submit to the Court of Justice of the European Union, two months in advance, notifying the other party of its intention to submit an application to that Court.
Article 20 final provisions 1 this Agreement shall enter into force on the thirtieth day after the date on which the Government and ... the Office is notified each other that the necessary procedures are completed, each of the parties to the Treaty would become binding. 8, 11 and 12 shall apply from 1 October 2010.
2. This agreement shall remain in force until the END of the liquidation of the Office unless the Government and the Office of the COUNCIL agree otherwise.
3. This agreement may be amended by mutual agreement of the Office of the Government and the COUNCIL.
4. Each Party may, at any time, denounce this agreement, about twenty four months prior written notice to the other party.
Signed in Riga, 24 February 2011 in English and Latvian language; both texts being equally authentic.
The Government of the Republic of Latvia in the European regulators for electronic communications, on behalf of the Bureau of Uldis Augul Chris Fonteijn traffic Minister Chairman of the Management Committee And the Chief Administrative Officer of Rehema Annex A value added tax refund for items that you have purchased ... Office staff and seconded experts To the list of items covered by the exemption from value added tax if they END the Office employees seconded experts and are intended for personal use in the Republic of Latvia.
1. Vehicles: 1.1. all passenger cars, motorcycles, mopeds in 1.2, bicycles.
2. Indoor placement of objects (such as furniture, carpets, curtains, curtain Rails, blinds, tablecloth, plates and bowls, table and wall clocks).
3. Office equipment (such as computers, computer parts and computer accessories, printers and parts thereof, scanners, copiers and their spare parts, computer, phones and fax machines).
4. Household appliances: 4.1 electrical appliance (e.g. washing machines, dry rolls, irons, sewing machines, dishwashers, freezers, refrigerators, heaters, cleaning equipment, fans, humidification devices, air conditioners, ovens, cookers, coffee grinding device, mixer, coffee machine, Grill, stove roasters, roasting equipment, projectors, lamps, etc.), 4.2. audio and video equipment (such as radios, tape recorders, acoustic devices, amplifiers, speakers, microphones, televisions, video recorders, video cameras, antenna). 
essential purchase 1Par is considered any purchase where the amount exceeds LVL 125.