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Artikel 17

Privileges, immunities and facilities of staff members of the Agency

Onderdeel van Verdrag tussen het Koninkrijk der Nederlanden en het Europees Geneesmiddelenbureau betreffende de vestiging van het Europees Geneesmiddelenbureau· Internationaal publiekrecht

Deze tekst geldt sinds 1 juni 2018

1. In accordance with the provisions of the Protocol, staff members of the Agency, irrespective of their nationality and/or sex, shall enjoy the following privileges, immunities, exemptions and facilities, which are necessary for the independent performance of their functions: immunity from legal proceedings of any kind in respect of words spoken or written, and all acts performed by them in the exercise of their official functions, even after they have ceased to perform their functions for the Agency; immunity from seizure and inspection of their official baggage; immunity from national service obligations; inviolability of all papers, documents, in whatever form, and materials relating to the performance of their official functions; exemption from taxation on salaries, wages, emoluments, and allowances paid by the Agency; exemption with respect to themselves, and members of their household, from immigration restrictions and alien registration; freedom with respect to themselves to acquire and maintain within the host State or elsewhere foreign currency accounts and other movable property (including a motor vehicle for personal use), and under the same conditions applicable to nationals of the host State, immovable property; upon the termination of their employment with the Agency freedom to take their funds out of the host State through authorized channels without prohibitions or restrictions; the same protection and repatriation facilities with regard to themselves and family members forming part of the household, as accorded in time of international crisis to members having comparable rank of the staff of diplomatic missions established in the Kingdom of the Netherlands; exemption from import duties, in respect of their furniture and personal effects, including a motor vehicle for personal use, at the time of first taking up their position in the host State, in accordance with the Protocol; however no exemption shall be accorded in respect of charges levied for specific services rendered; exemption from export duties, in respect of their furniture and personal effects, including a motor vehicle for personal use within one year from the time of ceasing their position in the host State. 2. In addition to the privileges, immunities, and facilities listed in paragraph 1 of this Article, the Head of the Agency, together with the members of his or her household, shall be accorded the same privileges and immunities as are accorded by the host State to heads of diplomatic missions in accordance with the Vienna Convention. 3. In addition to the privileges, immunities, and facilities listed in paragraph 1 of this Article, the highest ranking staff of the Agency, together with the members of their household, shall be accorded the same privileges and immunities as are accorded by the host State to diplomatic agents of the diplomatic missions in accordance with the Vienna Convention. 4. In addition to the privileges, immunities, and facilities listed in paragraph 1 of this Article, staff members other than those referred to in paragraph 3 of this Article, together with the members of their household, shall be accorded the same privileges and immunities as accorded by the host State to members of the administrative and technical staff of the diplomatic missions in accordance 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. 5. The host State shall, in cooperation with the Agency, determine which categories of staff will be covered by paragraph 3 and 4 of this Article. 6. Notwithstanding the provisions of paragraph 1 of this Article, staff members or members of their household, who are nationals or permanent residents of the host State, shall not enjoy the privileges and immunities set out in paragraphs 2, 3 and 4 of this Article.

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