Tractatenblad 2023, 80

5 (2006) Nr. 3

A. TITEL

Verdrag tussen het Koninkrijk der Nederlanden en Eurojust;

’s-Gravenhage, 15 maart 2006

Voor een overzicht van de verdragsgegevens, zie verdragsnummer 011136 in de Verdragenbank.

E. PARTIJGEGEVENS

In brieven van 28 juni 2023 en 3 juli 2023 hebben het Koninkrijk der Nederlanden en Eurojust een interpretatieve verklaring inzake artikel 16 van het Verdrag vastgelegd. De Engelse tekst van deze brieven luidt als volgt:

Nr. I

EUROJUST

The Hague, 28 June 2023

D230196

Exchange of letters between the European Union Agency for Criminal Justice Cooperation (Eurojust) and the Ministry of Foreign Affairs of the Kingdom of the Netherlands for the purposes of the interpretation of Article 16 of the Agreement between the Kingdom of the Netherlands and Eurojust of 15 March 2006 in view of the set up within Eurojust of an International Centre for the Prosecution of the Crime of Aggression in Ukraine (ICPA)

Dear Mr. Huijts,

Following the official announcement on 2 February 2023 of the set up within Eurojust of an International Centre for the Prosecution of Crimes of Aggression in Ukraine (ICPA), and in consultation with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, Eurojust and the Netherlands wish to come to a mutual understanding, via this exchange of letters, on the interpretation of Article 16 of the Agreement between the Kingdom of the Netherlands and Eurojust of 15 March 2006 (“the Headquarters Agreement”).

As background information, a Joint Investigation Team (JIT) was created in order to coordinate national investigations into alleged international crimes committed in Ukraine. The JIT was established between Lithuania, Poland and Ukraine, with the support of Eurojust, on 25 March 2022. Estonia, Latvia, Slovakia joined the JIT on 30 May 2022 and Romania joined on 13 October 2022. The International Criminal Court and Eurojust are participants in this JIT. The ICPA will be part of the existing support structure for the JIT at Eurojust, with a specific focus on supporting and enhancing investigations into the crime of aggression.

The ICPA will be set up within Eurojust on a temporary basis to logistically, financially and operationally support the national investigations and prosecutions for the crime of aggression conducted by the relevant members of the JIT. The support provided by Eurojust to the national authorities within the ICPA falls within its legal mandate in accordance with the Eurojust Regulation¹⁾.

For the ICPA, the JIT members will enhance their existing cooperation in a “standing” coordination centre at Eurojust.

The following categories of persons may be placed for a short, medium or long term at Eurojust as representative of their national authorities cooperating within the ICPA or supporting the ICPA:

• (i) Prosecutors from competent authorities of EU Member States²⁾, which are party to the JIT and prosecutors from competent authorities of EU Member States³⁾, which are not party to the JIT;

• (ii) Prosecutors⁴⁾ from the competent authorities of Ukraine as a party to the JIT and prosecutors from the competent authorities of States which are not members of the EU, and that have concluded a cooperation agreement or working arrangements with Eurojust;

• (iii) Experts in judicial cooperation, international criminal law and international criminal proceedings (including experts in investigation and prosecution methods for international crimes). These experts could be specialised Eurojust staff, seconded national experts (e.g. from national special prosecution units), or other experts temporarily based at Eurojust (e.g. personnel from the EU Advisory Mission to Ukraine).

  In this context and in accordance with Article 22(1) of the Headquarters Agreement⁵⁾, Eurojust respectfully proposes to the Netherlands the following interpretation of Article 16 of the Headquarters Agreement:

For the purposes of the ICPA:

• a) The term “national correspondent” includes the prosecutors referred to in (i) that have been appointed in accordance with Article 20(3) of the Eurojust Regulation and who may, as part of the JIT, be placed at Eurojust on short, mid or long term;

• b) The term “representative of a third state as referred to in Article 27(3) of the Eurojust Decision⁶⁾” includes the prosecutors referred to in (ii), who may, as part of the JIT, be placed at Eurojust on short, mid or long term, as well as any other prosecutor seconded to Eurojust supporting the ICPA from a third State with which Eurojust has concluded a cooperation agreement or working arrangements.

  On the basis of Article 16(g) of the Headquarters Agreement, national correspondents and representatives of third states as referred to in paragraphs (a) and (b) above are exempted from alien restrictions and alien registrations.

  In view of the above, Eurojust will promptly notify the Ministry of the start date of secondment to/placement at the ICPA or appointment of the persons referred to in (a) and (b) above, as well as their presence in the Netherlands and the date of their actual arrival and final departure. The Ministry will issue to these persons an identification card bearing the photograph of the cardholder. The identification card will serve to identify the holder to the Host State authorities. Upon termination of the function within the ICPA of a person referred to in (a) or (b) above, their identification card will need to be returned by Eurojust within a reasonable period.

Eurojust considers that the proposed interpretation of the Headquarters Agreement fulfils its primary purpose and does not affect its substance. Eurojust therefore has the honour to propose that this letter, together with the reply of the Ministry to that effect, constitutes confirmation of a common understanding between the Kingdom of the Netherlands and Eurojust of the interpretation and application of Article 16 of the Headquarters Agreement, for the entire duration of the ICPA’s existence.

Yours sincerely, LADISLAV HAMRAN President of Eurojust

Mr Paul Huijts

Secretary-General

Ministry of Foreign Affairs

Kingdom of the Netherlands

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Nr. II

MINISTRY OF FOREIGN AFFAIRS

The Hague, 3 July 2023

Treaties Division

Min-BuZa.2023.15508-81

Dear President Hamran,

Following your proposal for an exchange of letters between the European Union Agency for Criminal Justice Cooperation (Eurojust) and the Ministry of Foreign Affairs of the Kingdom of the Netherlands for the purposes of the interpretation of Article 16 of the Agreement between the Kingdom of the Netherlands and Eurojust of 15 March 2006 in view of the set up within Eurojust of an International Centre for the Prosecution of the Crime of Aggression in Ukraine (ICPA), I have the honour to acknowledge receipt of your letter D230196 of 28 June 2023, which reads as follows:

(Zoals in Nr. I)

I have the honour to inform Eurojust that the proposal of the aforementioned letter is acceptable to the Netherlands and therefore confirms that the aforementioned letter, together with this reply, constitutes confirmation of a common understanding between Eurojust and the Kingdom of the Netherlands of the interpretation and application of Article 16 of the Headquarters Agreement.

Yours sincerely, PAUL HUIJTS Secretary-General

Ladislav Hamran

President of Eurojust

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Uitgegeven de elfde juli 2023.

De Minister van Buitenlandse Zaken, W.B. HOEKSTRA

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1) Articles 3(3), 4(1)(b), (f) and (j) and Article 4(3)(b) of Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA, as amended by Regulation (EU) 2022/838 of the European Parliament and of the Council of 30 May 2022 amending Regulation (EU) as regards the preservation, analysis and storage at Eurojust of evidence relating to genocide, crimes against humanity, war crimes and related criminal offences. OJ L 148, 31.5.2022, p. 1–5.

2) The term “prosecutor” includes prosecutors, judges, representatives of a judicial authority with competences equivalent to those of a prosecutor or judge under their national law, and law enforcement authorities. As national correspondents appointed by the Member States, these person shall have the skills and experience necessary for them to carry out their duties under Article 20(2) of the Eurojust Regulation.

3) Reference to “EU Member States” shall be understood to include Denmark, given that Denmark and Eurojust signed an Agreement on Criminal Justice Cooperation in 2019.

4) The term “prosecutor” also includes prosecutors, judges, representatives of a judicial authority with competences equivalent to those of a prosecutor or judge under their national law, as well as law enforcement authorities.

5) “This Agreement shall be interpreted in the light of its primary purpose, that is to enable Eurojust at its Headquarters in the Kingdom of the Netherlands to discharge fully and efficiently its responsibilities and fulfill its purposes”

6) Currently Articles 47, 52(1) and (2), and 56 of the Eurojust Regulation.