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Nr. I Briefwisseling tussen het Koninkrijk der Nederlanden en het Koninkrijk Denemarken inzake een verdrag houdende bepalingen inzake de status van de brigadestaf van de „United Nations Stand-by Forces High Readiness Brigade" (Shirbrig) in Denemarken

Copenhagen, 5 March 1998

Annex (Provisions on the Status of

the Planning Element in Denmark)

Sir,

I have the honour to refer to the Memorandum of Understanding concerning the Operation, Funding, Administration and Status of the Planning Element of the Multinational United Nations Stand-by Forces High Readiness Brigade, initially signed by Denmark on 14th of March 1997, according to which the status of the Planning Element and its personnel from nations other than the Host Nation will be dealt with in separate arrangements (section 6.1).

The Government of Denmark has offered to provide facilities in Denmark for the Planning Element.

Following discussions of the International Implementation Group of the Multinational United Nations Stand-by Forces High Readiness Brigade I have the honour to propose that the status, immunities and procedures applicable to the Planning Element and its personnel will be as set out in this Note and the enclosed annex to this Note (Provisions on the Status of the Planning Element in Denmark) which represents the conclusions of the Group. It is the aim for the Planning Element to commence its functions as of 3rd of June 1997.

If this proposal, which has been approved by the said Implementation Group, is acceptable to the Government of the Netherlands, this Note and Your Excellency's reply to that effect will constitute an agreement between the Kingdom of the Netherlands and the Kingdom of Denmark that will enter into force on the first day of the second month after the Kingdom of the Netherlands and the Kingdom of Denmark have informed each other that the constitutional procedures therefor have been complied with.

It is the understanding that the agreement represents an interim arrangement which, subject to negotiations between the participants in the Multinational United Nations Stand-by Forces High Readiness Brigade and subject to constitutional requirements, is intended to be replaced by a multilateral and reciprocal agreement on the status of forces, including the status of the officials of the Planning Element of the Multinational United Nations Stand-by Forces High Readiness Brigade. Such an agreement could be inspired by existing international instruments defining the status of forces, e.g. the Agreement between the Parties to the North Atlantic Treaty regarding the status of their forces and the Agreement among the States Parties to the North Atlantic Treaty and the other States participating in the Partnership for Peace regarding the Status of their Forces and the Additional Protocol to that Agreement.

Consultations with respect to amendments to the said Provisions will be entered into at the request of either Government. Such amendments will be made by mutual consent and in writing.

Either Government may denounce this agreement by means of a notification in writing. The denunciation will take effect 1 year after the receipt of the denunciation. The Government of Denmark will inform the Steering Committee of the denunciation.

Any dispute between the two Governments concerning the interpretation or application of the said Provisions which is not settled by negotiation, will be referred for final decision to a tribunal of three arbitrators, one to be chosen by each Government and one to be chosen by the Steering Committee for the Multinational United Nations Stand-by Forces High Readiness Brigade. The tribunal will appoint one of its members as chairman.

This agreement shall be provisionally applied from the day after Your Excellency's reply.

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.

(sd.) NIELS HELVEG PETERSEN

Niels Helveg Petersen

His Excellency

Mr. Johannes Hubertus Wilhelmus Fietelaars

Ambassador Extraordinary and

Plenipotentiary of The Netherlands

Copenhagen

Regeling
Briefwisseling tussen het Koninkrijk der Nederlanden en het Koninkrijk Denemarken inzake een verdrag houdende bepalingen inzake de status van de brigadestaf van de „United Nations Stand-by Forces High Readiness Brigade" (Shirbrig) in Denemarken
Soort
Verdrag
Geldend vanaf
01-03-1999
BWB-id
BWBV0001335
Versie
1999-03-01_0

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