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Law No. 267 Of 29 June 2006

Original Language Title:  LEGE nr. 267 din 29 iunie 2006

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LEGE no. 267 267 of 29 June 2006 for the ratification of the Agreement between the Government of Romania and the Government of the Kingdom of the Netherlands on the granting of privileges and immunities to Romanian liaison officers at the European Police Office, conducted by exchange of verbal notes on 17 January 2006
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 595 595 of 10 July 2006



The Romanian Parliament adopts this law + Article UNIC The Agreement between the Government of Romania and the Government of the Kingdom of the Netherlands on the granting of privileges and immunities to Romanian liaison officers at the European Police Office, conducted by exchange of verbal notes on January 17, 2006, is ratified. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. PRESIDENT CHAMBER OF DEPUTIES BOGDAN OLTEANU PRESIDENT SENATE NICOLAE VACAROIU Bucharest, June 29, 2006. No. 267. + Annex + Official translation Foreign Ministry Treated Division DJZ/VE-32/06 The Ministry of Foreign Affairs presents the greeting or Embassy of Romania and, with reference to the Cooperation Agreement between Romania and the European Police Office, signed in Bucharest on 25 November 2003 (hereinafter the agreement), having regard to art. 41 paragraph 2 of the Convention based on Article K. 3 of the Treaty of the European Union on the establishment of the European Police Office (Europol Convention, 26 July 1995), has the honour of proposing that the privileges and immunities necessary to carry out corresponding to the tasks of the liaison officers at Europol referred to in art. 14 14 and in Annex no. 3 of the Agreement, to be agreed in accordance with the Annex to this Note. If this proposal is acceptable for the Romanian Embassy, the Ministry of Foreign Affairs proposes that this note and the affirmative note of the Romanian Embassy constitute an agreement between the Government of the Kingdom of the Netherlands and the Romanian Government, which will comes into force on the first day of the second month following the date on which the Government of the Kingdom of the Netherlands and the Government of Romania have informed each other about the fulfilment of the internal formalities necessary for its entry into force. The Ministry also uses this opportunity to renew the Romanian Embassy to ensure its high regard. Hague, 17 January 2006 Romanian Embassy Catsheuvel 55 2517 2517 KA Hague + Annex *) _________ Note * *) Translation. 1. Definitions In this Agreement: a) liaison officer shall mean any official seconded to Europol in accordance with art. 14 14 of the Agreement; b) Government means the Government of the Kingdom of the Netherlands; c) the host State authorities shall mean those state, municipal or other authorities of the Kingdom of the Netherlands, as appropriate in the context and in accordance with the laws and customs applicable in the Kingdom of the Netherlands; d) sending state means Romania; e) the liaison officer's archives means all records, correspondence, documents, manuscripts, computer and media data, photographs, films, video and audio recordings belonging to or held by the liaison officer and any other Similar materials which, in the unanimous opinion of the sending State and Government, constitute part of the liaison officer's archives. 2. Privileges and Immunities 1. Based on the provisions of this Agreement, the liaison officer and family members who are in his care and do not hold Dutch citizenship will benefit in and from the Kingdom of the Netherlands from the same privileges and immunities as those conferred members of the diplomatic staff through the Vienna Convention on Diplomatic Relations of 18 April 1961. 2. The immunity granted to persons referred to in paragraph 1 of this article shall not extend to: ((i) civil actions by a third party for damages, including personal injury or death, resulting from a road accident caused by any such person; or (ii) criminal and civil jurisdiction related to acts carried out outside the framework of official duties. 3. The persons referred to in paragraph 1 of this Article shall return the obligations of the sending States and their staff who, according to the Vienna Convention, shall return to the members of the diplomatic staff. 3. Entry, stay and departure 1. If necessary, the Government will facilitate the entry, stay and departure of the liaison officer and family members who are in his care. 2. This article shall not prevent the request for pertinent evidence to determine that the persons applying for the treatment provided for in this article fall within the classes described in paragraph 1 of this article. 3. The visas that may be requested by the persons referred to in this article shall be granted without charge and as promptly as possible. 4. Employment Family members in the care of the liaison officer and who do not have the citizenship of an EU Envoy State will be exempted from the obligation to obtain work permits during the posting of the liaison officer. 5. Inviolability of archives The liaison officer's archives, wherever they are located and by anyone who may be held, will be inviolable. 6. Personal protection The host state authorities, if requested in this respect by the sending State, will take all pertinent measures, in accordance with their national law, to ensure the safety and protection necessary for the liaison officer and members. of the family in his care, whose security is endangered due to the fulfilment of the duties of liaison officer at Europol. 7. Facilities and immunities in connection with communications 1. The government will allow the liaison officer to communicate freely and without the need for a special permission, for all official purposes, and will protect the right of the liaison officer to communicate. The liaison officer will have the right to use codes and send and receive official correspondence and other official communications by courier or in sealed suitcases, which will be subject to the same privileges and immunities as couriers and suitcases. diplomatic. 2. To the extent that this is compatible with the International Telecommunications Convention of 6 November 1982, for its official communications the liaison officer will benefit from a treatment no less favourable than that granted by The Kingdom of the Netherlands to any international organisation or government as regards the priorities for communication by post, cable, telegraph, telex, radio, television, telephone, fax, satellite or other means. 8. Notification 1. The sending State shall promptly notify the Government of the name of the liaison officer, his arrival and his final departure or the termination of his posting, as well as the arrival and final departure of the family members. find out in its care and, where appropriate, that a person has ceased to be in his care. 2. The government will release the liaison officer and his family members whom he has in care an identity card on which the photo of the holder will be applied. This book will serve to identify the holder in relation to all host state authorities. 9. Settlement of disputes 1. Any dispute between the sending State and the Government regarding the interpretation or application of this Agreement or any matter affecting the liaison officer or the relationship between the sending State and the Government and which cannot be resolved by way of amicable, at the request of the sending state or the Government will be presented to a court of 3 arbitrators, in order to make a final decision. Each side will designate one referee. The third referee, who will be the president of the tribunal, will be chosen by the first 2 referees. 2. If one of the parties fails to appoint an arbitrator within two months of the other party's request to make such an appointment, the other party may request the President of the Court of Justice of the European Communities or, in absentia to him, to the Vice President to make such an appointment. 3. If the first 2 arbitrators fail to agree on the third within two months of their appointment, either party may request the President of the Court of Justice of the European Communities or, in the absence thereof, the vice president to make such an appointment. 4. Apart from the case in which the parties decide otherwise, the tribunal will determine its own procedure. 5. The Tribunal will make a decision by a majority of votes. The decision will be final and binding on the disputing parties. 10. Territorial applicability With regard to the Kingdom of the Netherlands, this Agreement will apply only to the part of the Kingdom located in Europe. + Official translation ROMANIAN EMBASSY Catsheuvel 55, 2517 KA The Hague Tel.: 070354.37.96, fax: 070354.15.87 No. 92 The Embassy of Romania presents the greeting or Ministry of Foreign Affairs of the Kingdom of the Netherlands and has the honor of confirming the receipt of the Ministry of DJZ/VE-32/06 of January 17, 2006, with the following content: " The Ministry of Foreign Affairs presents the greeting or Embassy of Romania and, with reference to the Cooperation Agreement between Romania and the European Police Office, signed in Bucharest on 25 November 2003 (hereinafter the agreement), considering art. 41 paragraph 2 of the Convention based on Article K. 3 of the Treaty of the European Union on the establishment of the European Police Office (Europol Convention, 26 July 1995), has the honour of proposing that the privileges and immunities necessary to carry out corresponding to the tasks of the liaison officers at Europol referred to in art. 14 14 and in Annex no. 3 of the Agreement, to be agreed in accordance with the Annex to this Note. If this proposal is acceptable for the Romanian Embassy, the Ministry of Foreign Affairs proposes that this note and the affirmative note of the Romanian Embassy constitute an agreement between the Government of the Kingdom of the Netherlands and the Romanian Government, which will comes into force on the first day of the second month following the date on which the Government of the Kingdom of the Netherlands and the Government of Romania have informed each other about the fulfilment of the internal formalities necessary for its entry into force. The Ministry also uses this opportunity to renew the Romanian Embassy to ensure its high regard. + Annex 1. Definitions In this Agreement: a) liaison officer shall mean any official seconded to Europol in accordance with art. 14 14 of the Agreement; b) Government means the Government of the Kingdom of the Netherlands; c) the host State authorities shall mean those state, municipal or other authorities of the Kingdom of the Netherlands, as appropriate in the context and in accordance with the laws and customs applicable in the Kingdom of the Netherlands; d) sending state means Romania; e) the liaison officer's archives means all records, correspondence, documents, manuscripts, computer and media data, photographs, films, video and audio recordings belonging to or held by the liaison officer and any other Similar materials which, in the unanimous opinion of the sending State and Government, constitute part of the liaison officer's archives. 2. Privileges and Immunities 1. Based on the provisions of this Agreement, the liaison officer and family members who are in his care and do not hold Dutch citizenship will benefit in and from the Kingdom of the Netherlands from the same privileges and immunities as those conferred members of the diplomatic staff through the Vienna Convention on Diplomatic Relations of 18 April 1961. 2. The immunity granted to persons referred to in paragraph 1 of this article shall not extend to: ((i) civil actions by a third party for damages, including personal injury or death, resulting from a road accident caused by any such person; or (ii) criminal and civil jurisdiction related to acts carried out outside the framework of official duties. 3. The persons referred to in paragraph 1 of this Article shall return the obligations of the sending States and their staff who, according to the Vienna Convention, shall return to the members of the diplomatic staff. 3. Entry, stay and departure 1. If necessary, the Government will facilitate the entry, stay and departure of the liaison officer and family members who are in his care. 2. This article shall not prevent the request for pertinent evidence to determine that the persons applying for the treatment provided for in this article fall within the classes described in paragraph 1 of this article. 3. The visas that may be requested by the persons referred to in this article shall be granted without charge and as promptly as possible. 4. Employment Family members in the care of the liaison officer and who do not have the citizenship of an EU Envoy State will be exempted from the obligation to obtain work permits during the posting of the liaison officer. 5. Inviolability of archives The liaison officer's archives, wherever they are located and by anyone who may be held, will be inviolable. 6. Personal protection The host state authorities, if requested in this respect by the sending State, will take all pertinent measures, in accordance with their national law, to ensure the safety and protection necessary for the liaison officer and members. of the family in his care, whose security is endangered due to the fulfilment of the duties of liaison officer at Europol. 7. Facilities and immunities in connection with communications 1. The government will allow the liaison officer to communicate freely and without the need for a special permission, for all official purposes, and will protect the right of the liaison officer to communicate. The liaison officer will have the right to use codes and send and receive official correspondence and other official communications by courier or in sealed suitcases, which will be subject to the same privileges and immunities as couriers and suitcases. diplomatic. 2. To the extent that this is compatible with the International Telecommunications Convention of 6 November 1982, for its official communications the liaison officer will benefit from a treatment no less favourable than that granted by The Kingdom of the Netherlands to any international organisation or government as regards the priorities for communication by post, cable, telegraph, telex, radio, television, telephone, fax, satellite or other means. 8. Notification 1. The sending State shall promptly notify the Government of the name of the liaison officer, his arrival and his final departure or the termination of his posting, as well as the arrival and final departure of the family members. find out in its care and, where appropriate, that a person has ceased to be in his care. 2. The government will release the liaison officer and his family members whom he has in care an identity card on which the photo of the holder will be applied. This book will serve to identify the holder in relation to all host state authorities. 9. Settlement of disputes 1. Any dispute between the sending State and the Government regarding the interpretation or application of this Agreement or any matter affecting the liaison officer or the relationship between the sending State and the Government and which cannot be resolved by way of amicable, at the request of the sending state or the Government will be presented to a court of 3 arbitrators, in order to make a final decision. Each side will designate one referee. The third referee, who will be the president of the tribunal, will be chosen by the first two referees. 2. If one of the parties fails to appoint an arbitrator within two months of the other party's request to make such an appointment, the other party may request the President of the Court of Justice of the European Communities or, in absentia to him, to the Vice President to make such an appointment. 3. If the first 2 arbitrators fail to agree on the third within two months of their appointment, either party may request the President of the Court of Justice of the European Communities or, in the absence thereof, the vice president to make such an appointment. 4. Apart from the case in which the parties decide otherwise, the tribunal will determine its own procedure. 5. The Tribunal will make a decision by a majority of votes. The decision will be final and binding on the disputing parties. 10. Territorial applicability With regard to the Kingdom of the Netherlands, this Agreement will apply only to the part of the Kingdom located in Europe. ' The Romanian Embassy has the honor to inform the Ministry of Foreign Affairs of the Kingdom of the Netherlands that the proposal is acceptable for the Romanian Government. Therefore, the Romanian Government agrees that the Ministry's note and this response will constitute the Agreement between the Government of Romania and the Government of the Kingdom of the Netherlands on the granting of privileges and immunities to Romanian liaison officers at Europol, which will enter into force on the first day of the second month following the date of receipt of the last notification by which the Government of Romania and the Government of the Kingdom of the Netherlands have informed each other of the fulfilment of the necessary internal formalities for its entry into force. Hague, 17 January 2006 Foreign Ministry of the Kingdom of the Netherlands Hague ----