Verdrag tussen het Koninkrijk der Nederlanden en de Wereldgezondheidsorganisatie betreffende het houden in ’s-Gravenhage, het Koninkrijk der Nederlanden, van de negende zitting van de Conferentie van de Partijen bij het WHO-Kaderverdrag inzake tabaksontmoediging van 9 november tot 14 november 2020 en de tweede zitting van de Vergadering van de Partijen bij het Protocol tot uitbanning van illegale handel in tabaksproducten van 16 november tot 18 november 2020

Article I – Definitions Annexes I II III Agreement means the entire Agreement reached by the Parties by signing this document, including its,and; Article 23 of the WHO Framework Convention on Tobacco Control Conference of the Parties means the Conference of the Parties to the WHO Framework Convention on Tobacco Control, in accordance with; COP9 means the ninth session of the Conference of the Parties to the WHO Framework Convention on Tobacco Control; Meeting of the Parties means the Meeting of the Parties to the Protocol to Eliminate Illicit Trade in Tobacco Products, in accordance with Article 33 of the Protocol; MOP2 means the second session of the Meeting of the Parties to the Protocol to Eliminate Illicit Trade in Tobacco Products; Convention on the Privileges and Immunities of the Specialized Agencies, adopted by the General Assembly of the United Nations on 21 November 1947 Annex VII Convention on the Privileges and Immunities means the, andthereof, adopted by the First World Health Assembly on 17 July 1948 and last amended by the Eleventh World Health Assembly (resolution WHA 11.30) to represent the third revised text of Annex VII, to which the Kingdom of the Netherlands acceded on 18 March 1965; Article 24 of the WHO Framework Convention on Tobacco Control Convention Secretariat means the Secretariat of the WHO Framework Convention on Tobacco Control established according to, which is also the Secretariat to the Protocol to Eliminate Illicit Trade in Tobacco Products, according to Article 34 of the Protocol to Eliminate Illicit Trade in Tobacco Products; Officials of the Organization means all members of the Convention Secretariat serving under a WHO contract of appointment and includes all members of the Secretariat of the World Health Organization serving under a WHO contract of appointment and seconded or loaned to the Convention Secretariat to assist with the organization and holding of the COP9 and MOP2. 2020 40 06-04-2020 2020 40 06-04-2020 12-03-2020

Article II – Date and Venue COP9 and MOP2 shall be held at the World Forum in The Hague, the Kingdom of the Netherlands, from 9 November to 14 November 2020 and from 16 November to 18 November 2020, respectively, at the invitation of the Netherlands. 2020 40 06-04-2020 2020 40 06-04-2020 12-03-2020

Article III – Obligations of the Parties 1 The Organization shall have the responsibility for organizing, conducting and managing COP9 and MOP2, including all aspects related to the content of the sessions of the Conference of the Parties and of the Meeting of the Parties. 2 The Netherlands shall provide all the necessary local facilities and assistance to ensure an efficient and smooth organization of the proceedings of COP9 and MOP2. 3 Annex II Annex III The Netherlands shall cover the costs related to additional expenses normally not incurred by the Organization when the sessions of the Conference of the Parties, and of the Meeting of the Parties, are held in Geneva, as listed in the attached, and, respectively,to this Agreement. The amount of additional expenses as estimated in the Annex II and Annex III to this Agreement shall be paid by the Netherlands no later than six months before the opening of the COP9 session via funds transfer to the Organization’s bank account below: In euros to: Account name: World Health Organization Geneva Account number: 240-C0169920.3 Bank: UBS AG, 1211 Geneva 2 Swift Code: UBSWCHZH80A IBAN: CH31 0024 0240 C016 9920 3 Reference: WHO FCTC / COP9 / MOP2 4 II III The exchange rate between euros and US dollars (Annexesand) on the date of signature of this Agreement shall apply. 2020 40 06-04-2020 2020 40 06-04-2020 12-03-2020

Article IV – Premises, Equipment, Facilities, Services and Local Staff 1 Annex I The Netherlands shall make available to the Organization, free-of-charge, the premises, including suitably equipped offices for the Organization, furniture, equipment, services, appropriate infrastructure, and local staff, necessary for the work of COP9 and MOP2, as listed in the attachedto this Agreement. 2 The premises referred to in paragraph 1 of this article shall remain at the disposal of the Organization during the following periods: a) a preparatory period, from 5 November to 8 November 2020 (2 full days minimum); b) the duration of COP9 from 9 November to 14 November 2020 and the duration of MOP2 from 16 November to 18 November 2020; 3 Annex I The Secretariat’s offices made available by the Netherlands, in accordance withto this Agreement, shall be vacated no later than 19 November 2020 (midnight). 4 The Netherlands shall make available to the Organization a secured area (approximately 30 sqm) for a period of maximum two days after the closure of MOP2, as may be the case, to store equipment and material that should be shipped to the seat of the Organization. 5 The Government shall provide information for the Guide for Participants as early as possible in advance and at no later than five months before the opening of COP9 and MOP2. 2020 40 06-04-2020 2020 40 06-04-2020 12-03-2020

Article V – Participants 1 The Netherlands authorizes the persons specified below to enter the Kingdom of the Netherlands and stay for the entire period of their duties or mission in connection with COP9 and/or MOP2; a list of persons attending or participating in COP9 and/or MOP2 will be forwarded by the Organization to the Netherlands prior to the opening of COP9 and MOP2. Such a list may be subject to changes that shall be forwarded to the Netherlands thereafter. a) Representatives, alternates and advisers of the Parties to the WHO Framework Convention on Tobacco Control and of the Parties to the Protocol to Eliminate Illicit Trade in Tobacco Products; b) Representatives and advisers of observers under Rules 29, 30 and 31 of the Rules of Procedure of the Conference of the Parties, and under Rules 29, 30 and 31 of the Rules of Procedure of the Meeting of the Parties; c) Representatives of intergovernmental agencies, experts, advisers and any other persons invited to attend COP9 and/or MOP2 in an official capacity; d) Officials and advisers of the Organization. 2 The Netherlands shall provide all the necessary facilities for the entry to and exit from the Kingdom of the Netherlands to all participants mentioned above or who are performing activities connected with COP9 and/or MOP2. Where visas are necessary, the Netherlands shall assist the relevant competent authorities to issue visas in a timely fashion. 2020 40 06-04-2020 2020 40 06-04-2020 12-03-2020

Article VI – Legal Status, Privileges and Immunities 1 For the purpose of this Agreement, the Netherlands shall apply the provisions of the Convention on the Privileges and Immunities as well as the provisions set forth in the following Articles. 2 Articles V VI of the Convention on the Privileges and Immunities paragraphs 2 and 3 of Annex VII to the Convention Convention on the Privileges and Immunities Persons referred to underandand undershall, while attending COP9 and/or MOP2, in order to discharge their assigned official functions, enjoy the privileges and immunities provided for in the abovementioned Articles and Annex, respectively, in accordance with the. 3 Representatives of intergovernmental agencies and any other persons invited by the Organization to attend COP9 and/or MOP2 in an official capacity, shall, while attending COP9 and/or MOP2, enjoy immunity from legal process in respect of words spoken or written and all acts performed by them in their official capacity. 4 This Article is without prejudice to the privileges and immunities that the Kingdom of the Netherlands may have to apply to representatives of States and of the United Nations, the Specialized Agencies and other intergovernmental agencies in compliance with relevant international agreements to which the Kingdom of the Netherlands is a party. 5 Articles VIII IX XI XII XIII XIV Without prejudice to the foregoing, the Netherlands shall, in addition, also grant the privileges, immunities and facilities set out in,,,,andbelow. 6 Convention on the Privileges and Immunities Nothing in or relating to this Agreement shall be deemed a waiver of any of the privileges and immunities of the Organization in conformity with theor otherwise under any national or international law, convention or agreement. Privileges and immunities are granted to officials of the Organization in the interest of the Organization, and not for their personal benefit. Such immunity does not exempt officials of the Organization from the duty to observe the laws and regulations of the host country, including traffic regulations. The Director-General of WHO may waive the immunity of any official of the Organization in any case where the Director-General of WHO considers that the immunity would impede the course of justice and can be waived without prejudice to the interests of the Organization. 2020 40 06-04-2020 2020 40 06-04-2020 12-03-2020

Article VII – Accommodation The Netherlands shall reserve and manage, but is not responsible for the payment of, accommodation for persons participating in or attending COP9 and/or MOP2 in suitable hotels at reasonable rates negotiated by the Netherlands; the rates negotiated by the Netherlands should normally be lower than the commercial rates, and normally not higher than the hotel component of the Organization’s per diem applicable for the place of the venue. 2020 40 06-04-2020 2020 40 06-04-2020 12-03-2020

Article VIII – Local Transport and Banking Facilities 1 The Netherlands shall take the necessary steps to facilitate the arrival in the Kingdom of the Netherlands and the departure from the Kingdom of the Netherlands of all persons who are participating in an official capacity in the work of COP9 and MOP2. 2 The Netherlands shall take the necessary steps in order to ensure that a special reception desk at Amsterdam Schiphol Airport will be set up to welcome all persons who are participating in an official capacity in COP9 and MOP2 upon arrival and offer free-of-charge transportation by train to The Hague Central Station, as well as back to the airport on departure. The Netherlands shall, in addition, set up a reception desk at The Hague Central Station to further provide guidance to all persons who are participating in an official capacity on local transportation. 3 Annex 1 The Netherlands shall make available to the Organization, free-of-charge and for the duration of COP9 and MOP2, vehicles and staff necessary for the local transportation of delegates and Officials of the Organization, equipment, materials and documents, as required in connection with COP9 and MOP2, and as specified in. 4 The Netherlands shall assign a transport coordinator to liaise with the Organization on transportation matters. 5 The Netherlands shall provide the Organization and participants in COP9 and MOP2 with the necessary foreign currency banking facilities at convenient points, preferably in the venue and/or hotels of COP9 and MOP2. 2020 40 06-04-2020 2020 40 06-04-2020 12-03-2020

Article IX – Communication Facilities 1 Annex I The Netherlands shall be responsible for the provision, free-of-charge, of all official communications for the effective functioning of COP9 and MOP2, as indicated in theto this Agreement. 2 Section 12 of Article IV of the Convention on the Privileges and Immunities shall apply to the official communications of the Organization. 2020 40 06-04-2020 2020 40 06-04-2020 12-03-2020

Article X – Local Personnel The Netherlands shall provide, at its expense, for the assistance of the Organization, the personnel required for the smooth conduct of COP9 and MOP2 such as, but not limited to, security staff, ushers, messengers, drivers, clerks, technicians (IT, audio visual equipment, telephone), cleaners, porters, documents reproduction and distribution staff, reception and registration staff, media staff, and other personnel required. 2020 40 06-04-2020 2020 40 06-04-2020 12-03-2020

Article XI – Medical Facilities 1 The Netherlands shall provide medical facilities, adequate for first aid in emergencies within the COP9 and MOP2 area. 2 For serious emergencies, the Netherlands shall ensure immediate transportation and admission of the participants to a hospital. 3 Neither the Netherlands nor the Organization shall be responsible for the cost of any hospital treatment. 2020 40 06-04-2020 2020 40 06-04-2020 12-03-2020

Article XII – Privileged Importation and Exportation of Equipment by the Organization Convention on the Privileges and Immunities Sections 4, 6, 9 and 10 of Article III For the purpose of this Agreement, the Netherlands shall apply the provisions of theand in particular, in respect of equipment that is reasonably required to be imported into, and exported from, the Kingdom of the Netherlands, by the Organization for the purpose of COP9 and MOP2. In particular, the Netherlands, through the Dutch Customs Office, shall allow the temporary importation, and exportation, tax-free and duty-free, of all equipment that is required by the Organization for COP9 and MOP2, under the provisions of the Convention on the Privileges and Immunities, and shall waive import and export duties and taxes on supplies the Organization deems necessary for COP9 and MOP2. It shall facilitate the issuance without delay of any necessary import and export permits for this purpose. 2020 40 06-04-2020 2020 40 06-04-2020 12-03-2020

Article XIII – Inviolability and Protection of the Premises Placed at the Disposal of the Organization 1 Article III Section 5 of the Convention on the Privileges and Immunities The Netherlands shall ensure that the premises placed at the disposal of the Organization in connection with COP9 and MOP2 shall, throughout the period they are being used by the Organization, be considered as the premises of the Organization and shall thereby enjoy the benefits of inviolability referred to in. The authorities of the Netherlands shall not enter these premises without the consent of the Organization. The consent of the Organization may however be assumed in case of fire or other disaster requiring prompt protective action. 2 The premises of the Organization shall be placed under the control and authority of the Organization, which shall have the exclusive right to authorize or prohibit entry thereto of any person and which may also cause any person to be removed therefrom. 3 The Netherlands shall take appropriate measures to ensure that the premises placed at the disposal of the Organization are not disturbed by the entry of unauthorized persons or groups of persons, by disorder or by unreasonable noise in the immediate vicinity thereof. To this end, the Netherlands shall, as necessary, provide security officers outside the premises of the Organization and take any other measure deemed by it to be necessary. 4 At the request of the Organization, the Netherlands shall provide the necessary security officers to give assistance for maintaining order, if the need arises, within the premises placed at the disposal of the Organization, and to expel any person who may disturb it and to provide general security services within the premises. 5 Article III Section 6 of the Convention on the Privileges and Immunities As per, the archives and in general all the documents belonging to or held by the Organization shall be inviolable. 2020 40 06-04-2020 2020 40 06-04-2020 12-03-2020

Article XIV – Foreign Exchange 1 Section 7 of Article III of the Convention on the Privileges and Immunities Without prejudice to the provision of, the Organization may, through its official banks, transfer funds to the Kingdom of the Netherlands in the amounts required to cover its expenses for the purpose of COP9 and MOP2, and transfer out of the Kingdom of the Netherlands any balance of funds of the Organization not utilized in the course of COP9 and MOP2. 2020 40 06-04-2020 2020 40 06-04-2020 12-03-2020

Article XV – Damages and Accidents 1 The respective responsibilities of the Netherlands and of the Organization concerning damage and accidents that may be caused to the premises or to the fixtures, furniture and equipment placed at the disposal of the Organization or accidents or injuries which may be sustained by persons in connection with the holding of COP9 and MOP2 shall be as follows: a) The Netherlands shall assume full responsibility and shall hold the Organization and its officials harmless for claims arising out of the official conduct of the Officials of the Organization while they are in the Kingdom of the Netherlands for the purpose of COP9 and/or MOP2 under this Agreement; b) Sub-paragraph (a) shall not apply if that liability results from gross negligence or wilful misconduct on the part of the Officials of the Organization. 2020 40 06-04-2020 2020 40 06-04-2020 12-03-2020

Article XVI – Settlement of disputes Any dispute relating to the interpretation or application of this Agreement shall, unless amicably settled, be subject to conciliation. In the event of failure of the latter, the dispute shall be settled by arbitration. The arbitration shall be conducted in accordance with the modalities to be agreed upon by the Netherlands and the Organization, or in the absence of agreement, in accordance with the UNCITRAL Arbitration Rules applicable on the date of signature of this Agreement. The Netherlands and the Organization shall accept the arbitral award as final. 2020 40 06-04-2020 2020 40 06-04-2020 12-03-2020

Article XVII – Coordination between the Parties The Netherlands shall appoint a local organizing committee. The Netherlands and the Organization shall each appoint senior officers to coordinate their activities in order to ensure the smooth preparation and running of COP9 and MOP2. 2020 40 06-04-2020 2020 40 06-04-2020 12-03-2020

Article XVIII – Final Provisions 1 The Organization may postpone or change the venue and/or timing of COP9 and/or MOP2 upon consultation with the Netherlands if the security phase determined by the United Nations Department of Safety and Security increases from the security rating at the time of signature of the Agreement and prior to the opening of COP9. Regardless of an increase in the security phase determined by the United Nations Department of Safety and Security, the Bureaus of the Conference of the Parties and of the Meeting of the Parties may decide to postpone or change the already agreed venue and/or timing of COP9 and/or MOP2, should an event occur which disrupts or risks to disrupt the conduct of COP9 and/or MOP2. If the Organization chooses to exercise this right, the Organization shall be released from any and all commitments related to the postponed and/or changed meeting or meetings under this Agreement and the Parties shall immediately consult with a view to limiting and equitably distributing reasonable costs associated with such a decision. In the event of such an increase in the security rating, and if the Organization does not postpone or change the venue of COP9 and/or MOP2, any additional costs incurred by the Organization for measures deemed by the Parties in consultation to be necessary, shall be borne by the Netherlands. 2 Any notice or request required or permitted to be given or made under this Agreement shall be in writing and shall be delivered by hand, mail or fax to the entity to which it is required to be given or made at the address specified below or such other address as will be hereafter notified. Any such communication shall be deemed to have been given or made on the date it was hand delivered, registered or transmitted from the sender’s facsimile operator, but any assumption of the actual notice shall be subject to rebuttal to show that it has not actually been received. The Netherlands: The Kingdom of the Netherlands Ministry of Health, Welfare and Sport Parnassusplein 5 2511 VX The Hague, Kingdom of the Netherlands Organization: Secretariat of the WHO Framework Convention on Tobacco Control & Protocol to Eliminate Illicit Trade in Tobacco Products World Health Organization 20 Avenue Appia CH-1211 Geneva, Switzerland Tel.: +31 651613157 Email: [email protected] Tel.: +41 22 791 5043 Fax: +41 22 791 5830 Email: [email protected] 3 Annexes I II III This Agreement, including its,and, which are an integral part thereof, replaces and supersedes all prior oral and written representations, understandings or arrangements on the organization and holding of COP9 and MOP2. This Agreement and its Annexes I, II and III may only be amended by mutual agreement formalized in writing by the Netherlands and the Organization. 4 This Agreement shall enter into force on the date of signature and shall remain in force for the duration of COP9 and MOP2 and for a period thereafter as is necessary for all matters relating to any of its provisions to be settled. The total duration of the agreement however shall not exceed one year. 2020 40 06-04-2020 2020 40 06-04-2020 12-03-2020