Key Benefits:
Arrangement of the Minister for Foreign Affairs of 30 January 2004, No DJZ/BR/0065-04 laying down rules on mandate, power of attorney and authorisation for the Ministry of Foreign Affairs
The Minister for Foreign Affairs,
Acting in accordance with the Minister for Development Cooperation;
Having regard to the Articles 10: 3 and 10:12 of the General Administrative Law Act ;
Having regard to Article 1 of the Decision governed by private law 1996 ;
Decision:
For the purposes of this Regulation:
a. Minister: the Minister for Foreign Affairs;
b. to the Minister for Foreign Affairs and, where appropriate, the Minister without portfolio or the Secretary of State responsible for the representation of one or more policy areas belonging to the Office's work area;
c. Mandate: the power to take decisions in the name of a trustee;
d. Power of attorney: the power to represent the State in the name of a trustee in the conduct of private law legal acts;
e. authorisation: the power to conduct acts in the name of an act that are neither a decision nor a private law act;
f. Director-General:
the Director-General of International Cooperation (DGIS),
the Director-General of Political Affairs (DGPZ),
the Director-General of European Cooperation (DGES),
the Director-General for External Economic Relations (DGBEB),
other project directors (temporary) appointed by the Ministry of Foreign Affairs-General;
g. Directors:
-the Directors, Chief Directors and Project Directors,
-the ambassadors of general service and the ambassadors of a general service with special tasks;
h. Heads: the heads of departments of boardros;
i. Chefs de Poste: the heads of representative offices of the Kingdom of the Kingdom of the Netherlands, intended to be used abroad Article 7 of the RDBZ ;
j. RDBZ: the Regulation Service Foreign Affairs .
The Secretary-General and the Deputy Secretary-General shall be given general mandate, power of attorney and authorisation in respect of all the Ministry of Foreign Affairs.
1 The Secretary-General grants the Directors-General, the Deputy Director-General, the Directors, the Deputy Directors, the Chefs de Poste, the Deputy Chefs de Poste and the Heads of the Regional Service. Organizations mandate to take decisions on matters relating to the tasks, responsibilities and field of activity of relevant officers.
2 The term of office referred to in paragraph 1 shall, in any event, include:
(a) the power to take decisions relating to grants;
(b) the power to decide on objections to decisions referred to in the first paragraph.
3 As far as the adoption of policy rules is concerned, the term of office referred to in paragraph 1 shall be granted only to the Directors-General and to the Deputy Director-General.
4 The Directors, the Deputy Directors, the Chefs de Poste, the Deputy Chefs de Poste and the heads of the Regional Service Organizations may grant submandating to them under mandate to them. This submandate shall be in writing.
A copy of the submandates referred to in paragraph 4 shall be forwarded to the Directorate-General for Legal Affairs, Division of Dutch Law.
1 The Secretary-General grants the Directors-General, the Directors, the Chefs de Poste and the Heads of the Regional Service Organizations, power of attorney and authorisation to perform legal acts, or to carry out such acts acts that are neither a decision nor a private law act, on the field of activity assigned to the relevant officers and in accordance with their approved annual plan and budget.
2 The authorisation referred to in paragraph 1 shall, in any event, include the establishment and signature of documents relating to the treatment of complaints as referred to in Article 3 (1) of the EC Treaty. Article 9: 1 of the General Administrative Law on the behaviour of staff among them.
3 The officials referred to in paragraph 1 shall lay down in the competent table forming part of the administrative organisation the competent officials responsible for carrying out legal acts governed by private law, and to the competent authorities of the Member States. amount.
1 Mandate, power of attorney and authorisation shall not apply to:
a. Powers, governed by private law, and acts other than a decision or a legal act governed by private law in respect of which a legal requirement opposes the grant of a mandate, power of attorney or authorisation;
b. powers, legal acts and other acts other than a decision or a legal act governed by private law, the nature of which opposes the grant of a mandate, power of attorney or authorisation;
c. The finishing of pieces intended for:
1 °. the King or the Cabinet of the King;
2 °. the Council of Ministers, the Council of Ministers of the Kingdom, or a subcouncil or commission formed from it;
3 °. the President of the First or Second Chamber of the States-General or the President of a committee composed of one of those chambers;
4 °. a minister or secretary of state;
5 °. the Council of State or the Council of State of the Kingdom;
6 °. the Praesidium of the General Court of Auditors;
7 °. the National Ombudsman;
8 °. an advisory college within the meaning of the Advisory colleges framework law ;
9 °. authorities at home or abroad, at grade level equal to or higher than a minister or secretary of state.
2 Matters of which the nature of a mandate, power of attorney or authorisation shall, in any event, be as follows:
(a) decisions on political policy changes and on the extension or limitation of the minister's interference;
(b) the establishment of ministerial arrangements, except for rules having a strong technical character in human affairs;
(c) delegation of powers;
d. the decision on the objection to a decision taken by the Minister or on behalf of the Minister by the Secretary General.
3 By way of derogation from paragraph 1 (c), documents of a purely informative nature or of secondary policy or political interest may be exchanged in the context of legal proceedings or in the context of investigations into the the National Ombudsman, shall be cancelled by the Secretary-General or the Deputy Secretary-General.
4 By way of derogation from paragraph 1 (c), special cases may be granted to the Secretary-General or the Deputy Secretary-General under mandate, power of attorney or authorisation in respect of certain matters.
Actions under mandate, power of attorney or authorisation granted under this arrangement shall not be permitted on:
(a) decide on a statement of objection by the person who has taken the decision to which the objection is addressed under mandate;
(b) matters of which the mandated, authorised or authorised person is interested.
The in Article 4, first paragraph , mandate granted to the Director and the Deputy Director of Financial Economic Affairs shall also include:
a. applying Article 117 of the Civil Service Act on the account of the salary payable to an official;
(b) determining the currency for the payment of compensation, allowances and allowances to be granted in the event of a placement outside the Netherlands, as referred to in Article 77, fourth paragraph, of the RDBZ ;
c. the imposition of the obligation to discharge a deficit or make good any damage to the official referred to in Article 81, first and second member respectively, of the RDBZ .
The in Article 4, first paragraph , to the Chief Executive Officer and the Deputy Chief Executive Officer Staff and Organisation granted mandate does not concern:
a. Designating trust functions as referred to in Article 3, first paragraph, of the Safety Investigating Act ;
(b) the establishment of ministerial arrangements, with the exception of the Article 123, first paragraph, of the RDBZ set rules;
c. appoint and dismiss the Chairperson and the members of an at or under the RDBZ set up commission;
d. to take decisions related to matters relating to the determination of the establishment of the Ministry of Foreign Affairs, intended to be Article 3, second paragraph, second sentence, of the RDBZ , if:
1 °. the decision relates to the valuation or reappraisal of functions classified in salary scale 16 or higher;
2. the decision for more than 10 civil servants shall have legal effects;
3 °. the decision relates to the closure of a post;
e. the application of the following provisions of the RDBZ :
1 °. to determine the status of each consular post for each consular post and to determine its status as set out in Annex II. Article 7, fifth and sixth member, of the RDBZ ;
2 °. designating an official of the Foreign Service in the capacity of Jaw D' Affaires and providing them, if necessary, with an opening letter, intended in Article 9, fifth paragraph, of the RDBZ ;
3. the authorisation of honorary consular officials for the provision of legal acts referred to in Article 3 (2). Article 136, second paragraph, parts b and c, of the RDBZ ;
4 ° authorizing a head of a representation of the Kingdom abroad to appoint and dismiss honorary advisors, intended to be carried out in Article 140, first paragraph, of the RDBZ ;
5 °. the decision on a statement of objection referred to in Article 144, first paragraph, of the RDBZ ;
6. to fix the remuneration of the President, deputy chairpersons and non-staff members of the Foreign Office Commission of the Foreign Office, referred to in Article 6. Article 145, third paragraph, of the RDBZ ;
7 °. adding a Secretary and a Deputy Secretary to the Commission of Beheavy Service Foreign Office, intended to Article 145, fifth paragraph, of the RDBZ .
1 Mandate and power of attorney shall be exercised in accordance with:
a. The relevant general binding rules and policy rules, the general principles of good administration, the Instructions for the State Department, and other applicable regulations, circulars and instructions;
b. The co-parting procedures laid down in the description of the administrative organisation and other arrangements for coordination and coordination;
2 The signature of decisions taken pursuant to mandate, power of attorney or authorization, legal acts or other acts of law, shall be signed on the basis of the Articles 10:10 and 10:12 of the General Administrative Law Act as follows:
The Minister for Foreign Affairs/, as appropriate, one of the other representatives of the Ministry of Foreign Affairs,
(function)
(signature)
(official name)
The following arrangements shall be repealed:
a. the Mandateregulation for Foreign Affairs 1996 ; and
(b) The Mandaterisation of the Staff Committee for Foreign Affairs.
1 Negotiating decisions adopted on the basis of the Mandateregulation for Foreign Affairs 1996 (i) Mr President, the mandate of the Commission for Foreign Affairs has been replaced by decisions on mandate, power of attorney and authorisation under the terms of this regulation.
2 The first paragraph shall not apply to the following acts:
(a) the decision of the Secretary-General of 13 November 1996, No DJZ-CL-451/96 (Decision on Foreign Affairs);
(b) The Decree of the Deputy Secretary-General of 24 May 1996, No PLVS-83/96 (Subdecision on the interior and travel decision related to the Overseas Association Act and Overseas Travel Decision);
c. the decision of the Acting Chief Executive Officer Staff and Organisation of 7 September 2000, no. HDPO/BO/AR-696/00 (Staff decision (s));
d. the act of the acting Secretary-General of 28 May 2001, No HDPO/BO/AR-407/01 (Decision on the under-mandation of the formation of information).
This arrangement shall enter into force from the second day following the day of the day of the Official Journal in which it is placed.
This arrangement is cited as: mandate, power of attorney and authorisation BZ 2004.
This arrangement will be set out in the Official Journal. A copy of this scheme shall be sent to the Court of Auditors.
TheMinister
from Foreign Affairs,B.R. Bot
