A. TITEL

Briefwisseling houdende een verdrag tussen de Regering van het Koninkrijk der Nederlanden en de Verenigde Naties, Directie Economische en Sociale Zaken (UNDESA) betreffende de „User-Producer Conference’’ te Voorburg van 22 t/m 24 mei 2006;

New York, 17 mei 2006

B. TEKST

Nr. I

UNITED NATIONS

DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS (DESA)

New York, 2 May 2006

DESA-06/99

Excellency,

I have the honour to refer to the arrangements concerning the ‘‘User-Producer Conference: Water Accounting for Integrated Water Resource Management’’ (hereinafter referred to as ‘‘the Workshop’’). The Workshop will be organized by the United Nations represented by the Department of Economic and Social Affairs (hereinafter referred to as ‘‘the United Nations’’) and the Government of the Kingdom of the Netherlands represented by Statistics Netherlands (hereinafter referred to as ‘‘the Government’’). The Workshop will be held in Voorburg, the Netherlands from 22 to 24 May 2006. With the present letter, I wish to obtain your Government’s acceptance of the following:

1. The Workshop will be attended by the following participants:

  • a) up to 14 international participants from developing countries;

  • b) up to 25 international participants from developed countries;

  • c) local government officials selected by the Government;

  • d) up to 6 officials from the United Nations;

  • e) up to 5 officials from the Regional Commissions; and

  • f) other participants, invited as observers by the United Nations including representatives from the United Nations system.

2. The total number of participants will be approximately 70. The list of participants will be determined by the United Nations in consultation with the Government prior to the holding of the Workshop.

3. The Workshop will be conducted in English.

4. The United Nations will be responsible for:

  • a) the planning and running of the Workshop and the preparation of the appropriate documentation;

  • b) the invitations as well as the selection of the international participants, participants from the United Nations and participants from other organizations, as specified in 1a), 1b), 1d), 1e) and 1f);

  • c) substantive support during and after the Workshop;

  • d) administrative arrangements and costs relating to the issuance of airline tickets and the payment of subsistence allowance for the participants specified in sub-paragraphs 1a) and 1d).

5. The Government will be responsible for:

  • a) local counterpart staff to assist with the planning and any necessary administrative support during the Workshop;

  • b) conference facilities for the Workshop;

  • c) the reproduction of the Workshop materials;

  • d) any necessary office supplies and equipment, including stationery, personal computers, printers and photocopiers;

  • e) the invitation as well as any costs related to the participation of national participants specified in sub-paragraph 1c).

6. The cost of transportation and daily subsistence allowance for international participants from developed countries as specified in sub-paragraph 1b), officials from the Regional Commissions as specified in 1e), and observers as specified in 1f), will be the responsibility of their organizations.

7. The cost of transportation and daily subsistence allowance for observers, as specified in sub-paragraph 1d) above, will be the responsibility of their organizations.

8. As the Workshop will be convened by the United Nations, I wish to propose that the following terms shall apply:

  • a) The Convention on the Privileges and Immunities of the United Nations adopted by the General Assembly on 13 February 1946 (hereinafter referred to as ‘‘the Convention’’) shall be applicable in respect of the Workshop;

  • b) The participants invited by the United Nations shall enjoy the privileges and immunities accorded to experts on mission for the United Nations by Articles VI and VII of the Convention. Officials of the United Nations participating in or performing functions in connection with the Workshop shall enjoy the privileges and immunities provided under articles V and VII of the Convention. The Government shall apply to officials of the Specialized Agencies participating in the Workshop the provisions of the Convention on the Privileges and Immunities of the Specialized Agencies;

  • c) Without prejudice to the provisions of the Convention all participants and persons performing functions in connection with the Workshop shall enjoy such privileges and immunities, facilities and courtesies as are necessary for the independent exercise of their functions in connection with the Workshop;

  • d) Personnel provided by the Government pursuant to this Agreement shall enjoy immunity from legal process in respect of words spoken or written and any act performed by them in their official capacity in connection with the Workshop;

  • e) All participants and all persons performing functions in connection with the Workshop shall have the right of unimpeded entry into and exit from the Netherlands. Visas and entry permits, where required, shall be granted free of charge and issued as speedily as possible. When applications are made four weeks before the opening of the Workshop, visas shall be granted not later than two weeks before the opening of the Workshop. If the application is made less than four weeks before the opening, visas shall be granted as speedily as possible and not later than three days before the opening. Arrangements shall also be made to ensure that visas for the duration of the Workshop are delivered at the airport of arrival to those who are unable to obtain them prior to their arrival. Exit permits, where required, shall be granted free of charge, as speedily as possible and in any case not later than three days before the closing of the Workshop.

9. It is further understood that the Government shall be responsible for dealing with any action, claim or other demand against the United Nations or its officials arising out of:

  • a) Injury to persons, or damage to or loss of property in conference or office premises provided for the Workshop;

  • b) Injury to persons, or damage to or loss of property caused by or incurred in using any transport services that are provided for the Workshop by or under the control of the Government;

  • c) The employment for the Workshop of personnel provided or arranged for by the Government;

    and the Government shall indemnify and hold harmless the United Nations and its personnel in respect of any such action, claim or other demand.

10. Any dispute concerning the interpretation or implementation of this Agreement, except for a dispute subject to the appropriate provisions of the Convention that is regulated by Section 30 of the Convention or of any other applicable agreement, shall, unless the Parties otherwise agree, be resolved by negotiations or other agreed mode of settlement. Any such dispute that is not settled by negotiation or any other agreed mode of settlement shall be submitted at the request of either Party for a final decision to a tribunal of three arbitrators, one of whom shall be appointed by the Secretary-General of the United Nations, one by the Government and the third, who shall be the Chairman, by the other two arbitrators. If either Party does not appoint an arbitrator within three months of the other Party having notified the name of its arbitrator, or if the first two arbitrators do not, within three months of the appointment or nomination of the second one of them appoint the Chairman, then such arbitrator shall be nominated by the President of the International Court of Justice at the request of either Party to the dispute. Except as otherwise agreed by the Parties, the tribunal shall adopt its own rules of procedure, provide for the reimbursement of its members and the distribution of expenses between the Parties, and take all decisions by a two-thirds majority. Its decisions on all questions of procedure and substance shall be final and, even if rendered in default of one of the Parties, be binding on both of them.

I further propose that upon receipt of your Government’s confirmation in writing of the above, this exchange of letters shall constitute an Agreement between the United Nations and the Government of the Kingdom of the Netherlands regarding the hosting of the Workshop, which shall enter into force on the date of your reply and shall remain in force for the duration of the Workshop and for such additional period as is necessary for its preparation and for the completion of its work and for the resolution of any matters arising out of the Agreement.

Accept, Excellency, the assurances of my highest consideration.

Yours sincerely,

JOSE ANTONIO OCAMPO

Under Secretary-General

H.E. Mr. Franciscus Antonius Maria Majoor

Permanent Representative of the Kingdom

of the Netherlands to the United Nations

New York

Nr. II

PERMANENT MISSION OF THE KINGDOM OF

THE NETHERLANDS TO THE UNITED NATIONS

New York, 17 May 2006

NYV/2006/1754

Dear Mr Under Secretary-General,

I have the honour to refer to your letter DESA-06/99 of 2 May 2006, relating to an agreement to be concluded between the Government of the Kingdom of the Netherlands and the United Nations Department of Economic and Social Affairs (UNDESA) concerning the User-Producer Conference: Water Accounting for Integrated Water Resource Management (hereinafter referred to as ‘‘the Workshop’’), which is scheduled to be held in Voorburg from 22 to 24 May 2006, which reads as follows:

(zoals in Brief Nr. I)

I am authorized by the Government of the Kingdom of the Netherlands to state that it agrees to the proposals in your letter regarding the organization of the Workshop, with the following modifications:

– to Article 8, paragraph b, after ‘‘the Convention on the Privileges and Immunities of the Specialized Agencies’’ the following phrase will be added: ‘‘approved by the General Assembly on 21 November 1947’’.

– Article 8, paragraph e, is to be read as follows:

  • e. All participants and all persons performing functions in connection with the Workshop shall have the right of unimpeded entry into and exit from the Netherlands. Visas and entry permits, where required, shall be granted free of charge and issued as speedily as possible, provided that the general conditions regarding entry are fulfilled.

– to Article 9, after ‘‘claim or other demand’’: the following phrase will be add: ‘‘except where it is agreed by the Secretary-General of the United Nations and the Government that such actions, claims or demands arise from gross negligence or wilful misconduct of such persons’’.

I am authorized by the Government of the Kingdom of the Netherlands to state that the Government of the Kingdom of the Netherlands considers your letter, considering the aforesaid modifications, and my reply as together constituting an Agreement between the Government of the Kingdom of the Netherlands and the UNDESA in respect of the Workshop, which shall enter into force on the date of this reply and shall remain in force for the duration of the Workshop and for such additional period as is necessary for its preparation and winding up, the total duration of this Agreement, however, not to exceed one year.

Please accept, Sir, the assurances of my highest consideration.

Kind regards,

FRANK MAJOOR

Ambassador Permanent Representative

Mr. José Antonio Ocampo

Under Secretary-General

Department of Economic and Social Affairs

Two United Nations Plaza, DC2-2320

New York, New York 10017

D. PARLEMENT

Het in de brieven vervatte verdrag behoeft ingevolge artikel 7, onderdeel c, van de Rijkswet goedkeuring en bekendmaking verdragen niet de goedkeuring van de Staten-Generaal.

G. INWERKINGTREDING

De bepalingen van het in de brieven vervatte verdrag zijn ingevolge het gestelde in de laatste alinea van brieven I en II in werking getreden op 17 mei 2006 en zullen ingevolge de laatste alinea van brief II niet langer dan een jaar van kracht zijn.

Wat het Koninkrijk der Nederlanden betreft, geldt het in de brieven vervatte verdrag alleen voor Nederland.

J. VERWIJZINGEN

Titel:Handvest van de Verenigde Naties; San Francisco, 26 juni 1945
Tekst:Trb. 1945, 253 (Engels)
Laatste Trb. :Trb. 2006, 75
   
Titel:Verdrag nopens de voorrechten en immuniteiten van de Verenigde Naties; Londen, 13 februari 1946
Tekst:Trb. 1948, 242 (Engels, Frans en vertaling)
Laatste Trb. :Trb. 1994, 210
   
Titel:Verdrag nopens de voorrechten en immuniteiten van de gespecialiseerde organisaties; New York, 21 november 1947
Tekst:Trb. 1949, 67 (Engels, Frans en vertaling)
Laatste Trb. :Trb. 2004, 59

In overeenstemming met artikel 19, tweede lid, van de Rijkswet goedkeuring en bekendmaking verdragen heeft de Minister van Buitenlandse Zaken bepaald dat het verdrag zal zijn bekendgemaakt in Nederland op de dag na de datum van uitgifte van dit Tractatenblad.

Uitgegeven de zesde juni 2006

De Minister van Buitenlandse Zaken,

B. R. BOT

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