26 (2026) Nr. 1

A. TITEL

Notawisseling houdende een verdrag tussen het Koninkrijk der Nederlanden en de Republiek Kosovo inzake de privileges en immuniteiten van verbindingsofficieren die door Kosovo bij Europol gedetacheerd worden (met bijlage);

’s-Gravenhage, 11 november 2026

Voor een overzicht van de verdragsgegevens, zie verdragsnummer 014263 in de Verdragenbank.

B. TEKST

Nr. I

MINISTRY OF FOREIGN AFFAIRS

The Hague, 11 November 2026

Treaties Division

Reference no. BZ2633688

The Ministry of Foreign Affairs of the Kingdom of the Netherlands presents its compliments to the Embassy of the Republic of Kosovo, and has the honour to propose, with reference to the Working Arrangement establishing cooperative relations between the law enforcement authorities of Kosovo and the European Police Office of 28 July 2020 (hereinafter 'the Working Arrangement'), and in accordance with the provisions of Article 8(5) and Article 63(2) of Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol), which state that Europol liaison officers shall enjoy the privileges and immunities necessary for the performance of their tasks, be agreed upon as set out in the Attachment to this Note.

If this proposal is acceptable to the Embassy of the Republic of Kosovo, the Ministry proposes that this Note and the affirmative Note of the Embassy shall constitute an Agreement between the Kingdom of the Netherlands and the Republic of Kosovo, which shall be applied provisionally from the date of the affirmative note and which shall enter into force on the first day of the second month following the date on which the Kingdom of the Netherlands and the Republic of Kosovo have informed each other that the formalities required for the entry into force have been complied with.

The Ministry of Foreign Affairs of the Kingdom of the Netherlands avails itself of this opportunity to renew to the Embassy of the Republic of Kosovo the assurances of its highest consideration.

Embassy of the Republic of Kosovo

The Hague


Attachment

1. Definitions

In this Agreement:

a) „Liaison Officer”

means: any official stationed at Europol in accordance with Article 8 of Regulation (EU) 2016/794 of 11 May 2016 and in accordance with Article 9 of the Working Arrangement;

b) „Family members”:

(the person or persons) defined as such in the Protocol Guide of the Kingdom of the Netherlands in accordance with the Vienna Convention on Diplomatic Relations of 18 April 1961 (hereinafter “the Vienna Convention”);

c) “Host State authorities”

means such State, municipal or other authorities of the Kingdom of the Netherlands as may be appropriate in the context of and in accordance with the laws and customs applicable in the Kingdom of the Netherlands;

d) “Sending State”

means the Republic of Kosovo;

e) “Archives of the Liaison Officer”

means all records, correspondence, documents, manuscripts, computer and media data, photographs, films, video and sound recordings belonging to or held by the Liaison Officer, and any other similar material which in the unanimous opinion of the Sending State and the Host State authorities forms part of the archives of the Liaison Officer.

2. Privileges and immunities

  • 1. Subject to the provisions of this Agreement, the Liaison Officer and members of their family who form part of their household, and who neither have Dutch nationality nor are permanently resident in the Kingdom of the Netherlands, shall enjoy in and vis-à-vis the Kingdom of The Netherlands the same privileges and immunities as are conferred on members of the diplomatic staff by the Vienna Convention.

  • 2. The immunity granted to persons mentioned in paragraph 1 of this Article shall not extend to either:

    • (i) civil action by a third party for damages, including personal injury or death, arising from a traffic accident caused by any such person; or

    • (ii) criminal and civil jurisdiction over acts performed outside the course of their official duties.

  • 3. The obligations of Sending States and their personnel that apply under the Vienna Convention to members of the diplomatic staff, shall apply to the persons referred to in paragraph 1 of this Article.

3. Entry, stay and departure

  • 1. The Host State authorities shall facilitate, if necessary, the entry, stay and departure of the Liaison Officer and members of their family forming part of the household.

  • 2. This Article shall not prevent the requirement of reasonable evidence to establish that persons claiming the treatment provided for under this Article come within the classes described in paragraph 1 of this Article.

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

4. Employment

  • 1. Members of the family forming part of the household of the Liaison Officer not having the nationality of an EU State shall be exempt from the obligation to obtain working permits for the duration of the secondment of the Liaison Officer.

  • 2. Members of the family forming part of the household of the Liaison Officer who obtain gainful employment shall enjoy no immunity from criminal, civil or administrative jurisdiction in the Netherlands with respect to matters arising in the course of or in connection with such employment.

5. Inviolability of archives

The archives of the Liaison Officer wherever located and by whomsoever held shall be inviolable.

6. Personal Protection

The Host State authorities shall, if so requested by the Sending State, take all reasonable steps in accordance with their national laws to ensure the necessary safety and protection of the Liaison Officer, as well as members of their family who form part of their household, whose security is endangered due to the performance of the tasks of the Liaison Officer at Europol.

7. Facilities and immunities in respect of communication

  • 1. The Host State shall permit the Liaison Officer to communicate freely and without a need for special permission, for all official purposes, and shall protect the right of the Liaison Officer to do so. The Liaison Officer shall have the right to use codes and to dispatch and receive official correspondence and other official communications by courier or in sealed bags which shall be subject to the same privileges and immunities as diplomatic couriers and bags.

  • 2. The Liaison Officer shall, as far as may be compatible with the Convention of the International Telecommunication Union of 22 December 1992, for their official communications enjoy treatment not less favourable than that accorded by the Kingdom of the Netherlands to any international organisation or government, in the matter of priorities for communication by mail, cable, telegraph, telex, radio, television, telephone, fax, satellite, or other means.

8. Notification

  • 1. The Sending State shall promptly notify the Host State of the name of the Liaison Officer, their arrival and final departure or the termination of their secondment as well as the arrival and final departure of the members of the family forming part of the household and, where appropriate, the fact that a person has ceased to form part of the household.

  • 2. The Host State shall issue to the Liaison Officer and members of their family forming part of the household, an identification card bearing the photograph of the holder. This card shall 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 Host State concerning the interpretation or application of this Agreement, or any question affecting the Liaison Officer or the relationship between the Sending State and the Host State which is not settled amicably within six (6) months, shall be referred for final decision to a tribunal of three arbitrators, at the request of the Sending State or the Host State. Each party shall appoint one arbitrator. The third, who shall be chairman of the tribunal, is to be chosen by the first two arbitrators.

  • 2. If one of the parties fails to appoint an arbitrator within two months following a request from the other party to make such an appointment, the other party may request the President of the Court of Justice of the European Union or in their absence the Vice-President, to make such an appointment.

  • 3. Should the first two arbitrators fail to agree upon the third within two months following their appointment, either party may request the President of the Court of Justice of the European Union, or in their absence the Vice-President, to make such appointment.

  • 4. Unless the parties agree otherwise, the tribunal shall determine its own procedure.

  • 5. The tribunal shall reach its decision by a majority of votes. The Chairman shall have a casting vote. The decision shall be final and binding on the parties to the dispute.

10. Territorial scope

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

Nr. II

EMBASSY OF THE REPUBLIC OF KOSOVO

The Hague, 11 November 2026

AHRKS 122/26

The Embassy of the Republic of Kosovo presents its compliments to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, and has the honour to confirm receipt of Note no. BZ2633688, dated 11 November 2026 concerning the proposal to conclude an Agreement between the Kingdom of the Netherlands and the Republic of Kosovo on the privileges and immunities of the Republic of Kosovo Liaison Officers at Europol which reads as follows:

(Zoals in Nota Nr. I)

The Embassy has the honour to inform the Ministry that the Republic of Kosovo agrees to the contents of the above-mentioned Note, and that the Ministry's Note and this Note expressing the agreement of the Republic of Kosovo shall constitute an Agreement between the Republic of Kosovo and the Kingdom of the Netherlands, which shall be applied provisionally from the date of this affirmative note, and which shall enter into force on the first day of the second month following the date on which the Republic of Kosovo and the Kingdom of the Netherlands have informed each other that the formalities required for the entry into force have been complied with.

The Embassy of the Republic of Kosovo avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the Kingdom of the Netherlands the assurances of its highest consideration.

Ministry of Foreign Affairs of the Kingdom of the Netherlands

The Hague, the Netherlands

D. PARLEMENT

Het in de nota’s vervatte verdrag, met bijlage, behoeft ingevolge artikel 91 van de Grondwet de goedkeuring van de Staten-Generaal, alvorens het Koninkrijk aan het in de nota’s vervatte verdrag, met bijlage, kan worden gebonden.

F. VOORLOPIGE TOEPASSING

Het in de nota’s vervatte verdrag, met bijlage, wordt ingevolge het gestelde in de één na laatste alinea van nota’s Nr. I en II vanaf 11 november 2026 voorlopig toegepast.

Wat betreft het Koninkrijk der Nederlanden, geldt de voorlopige toepassing ingevolge onderdeel 10 van het verdrag alleen voor Nederland (het Europese deel).

G. INWERKINGTREDING

De bepalingen van het in de nota’s vervatte verdrag, met bijlage, zullen ingevolge het gestelde in de één na laatste alinea van nota’s Nr. I en II in werking treden op de eerste dag van de tweede maand volgend op de dag waarop het Koninkrijk der Nederlanden en de Republiek Kosovo elkaar hebben medegedeeld dat aan de voor de inwerkingtreding vereiste formaliteiten is voldaan.

Uitgegeven de twaalfde november 2026.

De Minister van Buitenlandse Zaken, T.B.W. BERENDSEN

Naar boven