MINISTERS’ DEPUTIES

CM Documents

CM(2023)118

6 July 2023[1]

1472^nd meeting, 12 July 2023

1 General questions

1.6 4^th Summit of Heads of State and Government of the Council of Europe

(Reykjavík, Iceland, 16-17 May 2023) – Follow-up

Host State Agreement between the Kingdom of the Netherlands and the Council of Europe regarding the Seat of the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine

Host State Agreement between the Kingdom of the Netherlands and the Council of Europe regarding the Seat of the Register of Damage Caused by the Aggression of the Russian Federation against Ukraine

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:

“Agreement” means this Host State Agreement between the Kingdom of the Netherlands and the Council of Europe;

“Host State” means the Kingdom of the Netherlands;

“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;
“Parties” means the Council of Europe and the host State;

“Vienna Convention” means the Vienna Convention on Diplomatic Relations of 18 April 1961;

“General Agreement” means the General Agreement on Privileges and Immunities of the Council of Europe of 2 September 1949;

“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;

“Officials of the Register” means the Executive Director and all members of the staff of the Secretariat of the Register;

“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.

“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;

“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;

“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;

“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;

“Ministry of Foreign Affairs” means the Ministry of Foreign Affairs of the host State;

“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

1. 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.

2. The Executive Director shall represent the Register and act on its behalf.

Article 4. Inviolability of the premises

1. 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.

2. 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.

3. 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.

4. 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.

5. 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

1. 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.

2. 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

1. The premises shall be under the control and authority of the Register as provided for in this Agreement.

2. 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.

3. The Register may display such signs, plaques, flags, and emblems on the premises as it deems appropriate.

4. The Register may expel or exclude persons from the premises for violation of its regulations.

Article 7. Public services for the premises

1. 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.

2. 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.

3. 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.

4. 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.

5. 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

1. 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.

2. 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

1. 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.

2. 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.

3. 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

1. 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.

2. 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.

3. 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.

4. 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.

5. 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

1. 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.

2. 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.

3. Visas which may be required by persons referred to in this Article shall be granted without charge and as promptly as possible.

4. All the aforementioned persons who are entitled to privileges and immunities shall enjoy them from the moment they enter the territory of the Kingdom of the Netherlands to take up their posts or to undertake official Register-related duties and shall come to an end within a reasonable period after the expiry or termination of their contracts of employment or completion of their Register-related duties.

Article 15. Privileges, immunities and facilities of members of the Board

1. Members of the Board, together with family members forming part of the household of a member of the Board who will stay in the host State for a consecutive period of six months or longer in accordance with Article 14, paragraph 1 of this Agreement, and who are not nationals or permanent residents of the host State, shall enjoy the privileges, immunities, exemptions and facilities accorded to diplomatic agents in accordance with the Vienna Convention. Such privileges, immunities, exemptions and facilities, inter alia, include:

a. personal inviolability, including immunity from personal arrest or detention or any other restriction of their liberty and from seizure of their personal baggage;

b. immunity from criminal, civil and administrative jurisdiction;

c. inviolability of all papers and documents in whatever form and materials;

d. immunity from national service obligations;

e. exemption from immigration restrictions and alien registration;

f. exemption from taxation on remunerations, emoluments and allowances paid to them by the Register;

g. the same privileges in respect of currency and exchange facilities as are accorded to heads of diplomatic missions;

h. the same immunities and facilities in respect of their personal baggage as are accorded to heads of diplomatic missions;

i. the right to import free of duty their furniture and effects at the time of first taking up their post in the host State, and to re-export the same free of duty to their country of domicile; however no exemption shall be accorded in respect of taxes and duties which represent charges for specific services.

j. for the purpose of their communications with the Register, the right to receive and send papers in whatever form; and

k. the same repatriation facilities in time of international crisis as are accorded to heads of diplomatic missions under the Vienna Convention.

2. The Members of the Board shall continue to be accorded immunity from legal process of every kind in respect of words which were spoken or written and all acts which were performed by them in their official capacity even after they have ceased to perform their functions for the Register.

3. The host State shall not be obliged to exempt from income tax pensions or annuities paid to former Members of the Board, and the members of their family forming part of the household.

4. Persons referred to in this Article who are nationals or permanent residents of the host State shall enjoy within the host State only the following privileges, immunities and facilities:

a. personal inviolability, including immunity from personal arrest or detention or any other restriction of their liberty;

b. immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in their official capacity, which immunity shall continue to be accorded even after they have ceased to perform their functions for the Register;

c. inviolability of all official papers and documents in whatever form and materials;

d. exemption from taxation on remunerations, emoluments and allowances paid to them in respect of their work for the Register;

e. for the purpose of their communications with the Register the right to receive and send papers in whatever form; and the right to import free of duties and taxes, except payments for services, their furniture and effects at the time of first taking up their post in the host State.

5. Persons referred to in paragraph 4 of this Article shall not be subjected by the host State to any measure which may affect the free and independent performance of their functions for the Register.

Article 16. Privileges, immunities and facilities of representatives of the Conference of Participants

1. Representatives of the Conference of Participants shall, while performing their official functions in the host State, enjoy the following privileges, immunities and facilities:

a. immunity from personal arrest or detention;

b. immunity from legal process of every kind in respect of words spoken or written, and all acts performed by them in their official capacity; such immunity shall continue to be accorded notwithstanding that the persons concerned may have ceased to exercise their functions as representatives;

c. inviolability of all papers and documents in whatever form;

d. the right to use codes or cipher, to receive papers and documents or correspondence by courier or in sealed bags and to receive and send electronic communications;

e. exemption from immigration restrictions, alien registration requirements and national service obligations in the State Party they are visiting or through which they are passing in the exercise of their functions;

f. the same privileges in respect of currency and exchange facilities as are accorded to representatives of foreign Governments on temporary official missions;

g. the same immunities and facilities in respect of their personal baggage as are accorded to diplomatic envoys under the Vienna Convention;

h. the same protection and repatriation facilities as are accorded to diplomatic agents in time of international crisis under the Vienna Convention;

i. such other privileges, immunities and facilities not inconsistent with the foregoing as diplomatic agents enjoy, except that they shall have no right to claim exemption from customs duties on goods imported (otherwise as part of their personal baggage) or from excise duties or sales taxes.

2. The provisions of paragraph 1 of this Article are not applicable as between a representative and the authorities of the State Party of which he or she is a national or of the State Party or intergovernmental organization of which he or she is or has been a representative.

Article 17. Privileges, immunities and facilities of officials of the Register

1. In accordance with Article 18 of the General Agreement on Privileges and Immunities of the Council of Europe, officials of the Register shall:

a. be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity and within the limit of their authority;

b. enjoy immunity from seizure and inspection of official baggage;

c. be exempt from taxation on the salaries and emoluments paid to them by the Council of Europe;

d. be immune, together with their family members forming part of the household, from immigration restrictions and aliens’ registration;

e. be accorded the same privileges in respect of exchange facilities as are accorded to officials of comparable rank forming part of diplomatic missions to the host State concerned;

f. be given, together with their family members forming part of the household, the same repatriation facilities in time of international crisis as diplomatic envoys;

g. have the right to import free of duty their furniture and effects at the time of first taking up their post in the host State, and to re-export the same free of duty to their country of domicile; however no exemption shall be accorded in respect of taxes and duties which represent charges for specific services.

2. In addition to the privileges, immunities, and facilities listed in paragraph 1 of this Article, the Executive Director together with his or her family members forming part of his or her household who are not nationals or permanent residents in the host State, shall be accorded the same privileges, immunities, and facilities as accorded to the heads of diplomatic missions established in the host State in conformity with the Vienna Convention.

3. In addition to the privileges, immunities and facilities listed in paragraph 1 of this Article, officials of comparable rank to administrative and technical staff of diplomatic missions, together with members of their family forming part of their household who are not nationals or permanent residents of the host State, shall be accorded by the host State the same privileges, immunities and facilities as the host State accords to members of the administrative and technical staff of diplomatic missions established in the host State, in conformity with the Vienna Convention, provided that the immunity from criminal jurisdiction and personal inviolability shall not extend to acts performed outside the course of their official duties.

4. The host State shall not be obliged to exempt from income tax pensions or annuities paid to former officials of the Register and members of their family forming part of the household.

5. Persons referred to in this Article who are nationals or permanent residents of the host State shall enjoy within the host State only the following privileges, immunities and facilities to the extent necessary for the independent performance of their functions:

a. exemption from taxation on salaries, emoluments and allowances paid to them in respect of their employment with the Register;

b. the right to import free of duties and taxes, except payments for services, their furniture and effects at the time of first taking up their post in the host State;

c. immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity for the Register; and

d. inviolability of all papers, documents, in whatever form, and materials relating to the performance of their functions for the Register.

Article 18. Experts

1. Experts performing functions for the Register shall be accorded the following privileges, immunities and facilities to the extent necessary for the independent performance of their functions, subject to production of the document referred to in paragraph 2 of this Article:

a. immunity from personal arrest or detention or any other restriction of their liberty in respect of acts or convictions prior to their entry into the territory of the host State;

b. immunity from seizure of their personal baggage;

c. immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in the course of the performance of their functions for the Register, which immunity shall continue to be accorded even after the termination of their functions;

d. inviolability of all papers, documents in whatever form and materials relating to the performance of their functions for the Register;

e. for the purposes of their communications with the Register, the right to receive and send papers and documents in whatever form and materials relating to the performance of their functions for the Register by courier or in sealed bags;

f. exemption from inspection of their personal baggage, unless there are serious grounds for believing that the baggage contains articles the import or export of which is prohibited by law or controlled by the quarantine regulations of the host State; an inspection in such a case shall be conducted in the presence of the expert concerned;

g. the same privileges in respect of currency and exchange facilities as are accorded to representatives of foreign Governments on temporary official missions;

h. the same repatriation facilities in time of international crisis as are accorded to diplomatic agents under the Vienna Convention;

i. exemption from immigration restrictions and alien registration in relation to their functions as specified in the document referred to in paragraph 2 of this Article.

2. Experts shall be provided by the Register with a document certifying that they are performing functions for the Register on a temporary basis and specifying a time period for which their functions will last. Such document shall be withdrawn prior to its expiry if the expert is no longer performing functions for the Register.

3. With the exception of paragraph 1, subparagraph (c) of this Article, the privileges, immunities and facilities referred to in paragraph 1 of this Article shall cease to apply after fifteen (15) consecutive days following the date on which the presence of the expert concerned is no longer required by the Register.

4. Experts who are nationals or permanent residents of the host State shall enjoy only the following privileges, immunities and facilities to the extent necessary for the independent performance of their functions for the Register:

a. immunity from personal arrest or detention or any other restriction of their liberty;

b. immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in the performance of their functions, which immunity shall continue to be accorded even after they have ceased to perform their functions;

c. inviolability of all papers, documents in whatever form and materials relating to the performance of their functions;

d. for the purpose of their communications with the Register the right to receive and send papers in whatever form.

5. Experts shall not be subjected by the host State to any measure which may affect the independent performance of their functions for the Register.

Article 19. Interns

1. Without prejudice to the applicable rules of the European Union in regard of citizens of a member State of the European Union, the Ministry of Foreign Affairs shall register interns for a maximum period of six (6) months, provided that the Register supplies the Ministry of Foreign Affairs with a declaration signed by them, accompanied by adequate proof, to the effect that:

a. the intern entered the host State in accordance with the applicable immigration procedures;

b. the intern has sufficient financial means for living expenses and for repatriation, as well as sufficient medical insurance (including coverage of costs of hospitalisation for at least the duration of the internship plus one (1) month) and third party liability insurance, and shall not be a charge on the public purse in the host State;

c. the intern shall not engage in gainful employment in the host State during his or her internship other than as an intern for the Register;

d. the intern shall not bring any family members to reside with him or her in the host State other than in accordance with the applicable immigration procedures; and

e. the intern shall leave the host State within fifteen (15) days after the end of the internship.

2. In exceptional circumstances, the maximum period of six (6) months mentioned in paragraph 1 of this Article, may be extended once by a maximum period of six (6) months. However, the total period of the internship shall not exceed one (1) year.

3. The Register shall not incur liability for damage resulting from non-fulfillment of the conditions of the declaration referred to in paragraph 1 of this Article by interns registered in accordance with that paragraph.

4. Interns shall not enjoy privileges, immunities and facilities within the host State, except:

a. immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity for the Register, which immunity shall continue to be accorded even after termination of the internship with the Register for activities carried out on its behalf;

b. inviolability of all papers, documents in whatever form and materials relating to the performance of their functions for the Register.

Article 20. Personnel recruited locally and not otherwise covered by this Agreement, such as personnel assigned to hourly rates

Personnel recruited locally and not otherwise covered by this Agreement, such as personnel assigned to hourly rates, shall be accorded immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity for the Register. This immunity shall continue after the cessation of their assignment.

Article 21. Exceptions to immunities

The immunity granted to persons mentioned in Article 15, Article 16, Article 17, Article 18 and Article 20, shall not extend to cases involving a motor traffic offence committed by any such person nor to any civil action by a third party for damages, including personal injury or death, arising from a traffic accident caused by any such person.

Article 22. Protection of personnel

The host State shall, if so requested by the Secretary General or the Executive Director take all reasonable steps to ensure the necessary safety and protection of the persons mentioned in this Agreement whose security is endangered due to their services to the Register within the host State.

Article 23. Notification and identification cards

1. The Register shall promptly, but within eight (8) working days, notify the Ministry of Foreign Affairs of:

a. the date of commencement by a member of the Board of his or her duties;

b. the date of commencement by an official of his or her duties;

c. the date of hiring of experts;

d. the date of appointment of interns;

e. the date of hiring of personnel recruited locally in accordance with Article 20 of this Agreement.

2. In order to facilitate the entry and stay of the persons mentioned below the Register will promptly, and no later than eight (8) working days after the date of their first arrival in the host State, inform the Ministry of Foreign Affairs of:

a. the presence of members of the Board;

b. the presence of officials;

c. the presence of experts;

d. the presence of interns;

e. the presence of family members forming part of the household of members of the Board in accordance with Article 14, paragraph 1;

f. the presence of family members forming part of the household of officials;

g. the presence of family members forming part of the household of experts if prior approval by the host State for their presence has been obtained in accordance with Article 14, paragraph 1 of this Agreement;

h. the date of the arrival of the persons referred to in subparagraphs (a), (b), (c), (d), (e), (f) and (g) of this paragraph.

3. With respect to the persons referred to in paragraph 1 of this Article, the Register shall promptly, but within eight (8) working days, notify the Ministry of Foreign Affairs of the termination of their functions, their final departure or the termination of their involvement with the Register.

4. With respect to members of the household of members of the Board or experts in accordance with Article 14, paragraph 1 of this Agreement or of officials, the Register shall, promptly, but within eight (8) working days, notify the Ministry of Foreign Affairs once a person has ceased to form part of the household.

5. The Ministry of Foreign Affairs shall issue an identity card which shall serve to identify the holder in relation to the competent authorities to:

a. Members of the Board;

b. Officials of the Register who are assigned to serve in the host State;

c. Experts;

d. Family members forming part of the household of members of the Board in accordance with Article 14, paragraph 1 of this Agreement;

e. Family members forming part of the household of officials;

f. Family members forming part of the household of experts if prior approval by the host State for their presence has been obtained in accordance with Article 14, paragraph 1 of this Agreement.

6. Upon request, the Ministry of Foreign Affairs shall issue an identity card which shall serve to identify the holder in relation to the competent authorities to personnel recruited locally in accordance with Article 20 of this Agreement.

7. At the final departure of the persons referred to in paragraph 1 of this Article or when these persons have ceased to perform their functions, the identity card referred to in paragraphs 5 and 6 of this Article shall be returned promptly, and no later than within fifteen (15) days, by the Register to the Ministry of Foreign Affairs. In case persons who have ceased to perform their functions are not able to return the identity card referred to in paragraphs 5 and 6 of this Article within the specified time period, the Ministry of Foreign Affairs shall be consulted immediately.

Article 24. Social security

The social security system of the Council of Europe offers coverage comparable to the coverage under the legislation of the host State. The social security and pension scheme of the Council of Europe applies to the Register and its officials who shall be exempt from social security provisions of the host State.

Article 25. Employment of family members of members of the Board and of family members of officials of the Register

1. Members of the family forming part of the household of a member of the Board in accordance with Article 14, paragraph 1 or an official of the Register shall be authorised to engage in gainful employment in the host State for the duration of the term of office of the official concerned.

2. Members of the family forming part of the household of a member of the Board in accordance with Article 14, paragraph 1 of this Agreement or an official of the Register who obtain gainful employment shall enjoy, under this Agreement, no immunity from criminal, civil or administrative jurisdiction with respect to matters arising in the course of or in connection with such employment. However, any measures of execution shall be taken without infringing the inviolability of their person or of their residence, if they are entitled to such inviolability.

3. In case of the insolvency of a person aged under eighteen (18) with respect to a claim arising out of gainful employment of that person, the immunity of the official of whose family the person concerned is a member shall be waived for the purpose of settlement of the claim, in accordance with the provisions of Article 26 of this Agreement.

4. The employment referred to in paragraph 1 of this Article shall be in accordance with the legislation of the host State, including fiscal and social security legislation.

Article 26. Waiver of immunities

1. The privileges, immunities and facilities provided for in Articles 15, 16, 17, 18 and 20 of this Agreement are granted in the interests of the Register and not for the personal benefit of the persons themselves. The Secretary General of the Council of Europe shall have the right and the duty to waive the immunity of any person mentioned in Articles 17, 18 and 20 in any case where, in his or her opinion, the immunity would impede the cause of justice and can be waived without prejudice to the Register.

2. The waiver of privileges, immunities and facilities of members of the Board provided for in Article 15 of this Agreement, shall be regulated in the Rules of Procedure of the Conference of Participants.

3. Consistent with its privileges and immunities, the Register shall co-operate at all times with the appropriate authorities of the host State to facilitate the proper administration of justice and shall not abuse any of the privileges and immunities granted to it under this Agreement.

Article 27. Co-operation with the competent authorities

1. The Register and the host State shall co-operate on security matters, taking into account the public order and national security interests of the host State.

2. The Register shall co-operate with the competent authorities responsible for health, safety at work, electronic communications and fire prevention.

3. The Register shall observe all security directives as agreed with the host State, as well as all directives of the competent authorities responsible for fire prevention regulations.

Article 28. Settlement of disputes

1. The Register shall have recourse to appropriate Council of Europe modes of settlement of:

a. disputes arising out of contracts and other disputes of a private law character to which the Register is a party;

b. disputes involving an official of the Register who, by reason of his or her official position, enjoys immunity, if such immunity has not been waived.

2. All disputes arising out of the interpretation or application of this Agreement or supplementary arrangements or agreements between the Parties shall be settled by consultation, negotiation or other agreed mode of settlement.

3. If the dispute is not settled in accordance with paragraph 2 of this Article within three (3) months following a written request by one of the Parties to the difference, it shall, at the request of either Party, be referred to a Tribunal of three arbitrators. Each Party shall appoint one arbitrator, and the two arbitrators so appointed shall appoint a third, who shall be the chairperson of the Tribunal. If, within thirty (30) days of the request for arbitration, a Party has not appointed an arbitrator, or if, within fifteen (15) days of the appointment of two arbitrators, the third arbitrator has not been appointed, either Party may request the President of the International Court of Justice to appoint the arbitrator referred to. The Tribunal shall determine its own procedures, provided that any two arbitrators shall constitute a quorum for all purposes, and all decisions shall require the agreement of any two arbitrators. The expenses of the Tribunal shall be borne by the Parties as assessed by the Tribunal. The arbitral award shall contain a statement of the reasons on which it is based and shall be final and binding on the Parties.

Article 29. Interpretation of the Agreement

This Agreement shall be interpreted in light of its primary purpose of enabling the Register through opening and maintaining its office in the host State to fully and efficiently discharge its responsibilities and fulfill its purposes.

Article 30. Amendments

This Agreement may be amended by mutual written consent by the Parties.

Article 31. Application

With respect to the Kingdom of the Netherlands, this Agreement shall apply to the part of the Kingdom in Europe only.

Article 32. Entry into force and termination

1. This Agreement shall enter into force on the day of its signature.

2. This Agreement shall cease to be in force by mutual consent of the Parties, if the seat of the Register is removed from the territory of the host State, if the Register is dissolved or if the adequate and necessary funding for the annual budget of the Register has not been procured, except for such provisions as may be applicable in connection with the orderly termination of the operations of the Register at its headquarters in the host State and the disposition of its property therein, as well as provisions granting immunity from legal process of every kind in respect of words spoken or written or all acts performed in an official capacity under this Agreement.

IN WITNESS WHEREOF, the undersigned, duly authorized thereto, have signed this Agreement.

DONE at Strasbourg, in duplicate, in the English and French language.

For the Kingdom of the Netherlands

For the Council of Europe

Date:

[1] This document has been classified restricted until examination by the Committee of Ministers.