25. pants

Stāšanās spēkā un īstenošana

1. Šis līgums stājas spēkā dienā, kad pa diplomātiskajiem

kanāliem ir saņemts pēdējais rakstiskais paziņojums, ar ko Puses

informē viena otru, ka ir pabeigtas nacionālās juridiskās

procedūras. Divu gadu laikā pēc tā stāšanās spēkā uzņēmēja

dalībvalsts pieņem visus savu saistību īstenošanai nepieciešamos

tiesību aktus.

2. Šis līgums ir spēkā līdz Aģentūras darbības izbeigšanai, ja

vien Puses nevienojas citādi.

3. Šo līgumu var grozīt, Pusēm savstarpēji vienojoties. Šādi

grozījumi stājas spēkā saskaņā ar šā panta 1. punktu.

4. Ikviena Puse var izbeigt šo līgumu, rakstiski par to

paziņojot otrai Pusei. Šis Līgums tiek izbeigts sešus (6) mēnešus

pēc dienas, kad otra Puse saņēmusi šādu paziņojumu.

5. Stājoties spēkā šim līgumam, tiek izbeigts 2011. gada

24. februārī parakstītais Mītnes līgums starp Latvijas

Republikas valdību un Eiropas Elektronisko sakaru regulatoru

iestādes biroju un 2011. gada 30. septembrī

parakstītais Latvijas Republikas valdības un Eiropas Elektronisko

sakaru regulatoru iestādes biroja saprašanās memorands par

minētās Eiropas iestādes mītnes izvietošanu.

Pilnvaroto pārstāvju paraksti:

Latvijas

Republikas valdības vārdā

_____________________

Tālis

Linkaits

Latvijas Republikas satiksmes

ministrs

Vieta:………….; datums:

………….

BEREC atbalsta aģentūras vārdā

_____________________

Lāslo Ignēci

BEREC atbalsta aģentūras direktors

Vieta;………….; datums:………….

A pielikums

Aģentūras

personāla personiskajām vajadzībām paredzētās preces un

pakalpojumi, par ko uzņēmēja dalībvalsts atmaksā pievienotās

vērtības nodokli.

1. Preces:

1.1. sauszemes transportlīdzekļi, Latvijas Republikas

normatīvajos aktos par ceļu satiksmi un transportlīdzekļu

reģistrācijas noteikumos noteiktais aprīkojums, rezerves daļas,

smērvielas un degviela;

1.2. telpu interjera priekšmeti;

1.3. biroja tehnika, sastāvdaļas un piederumi, tostarp

rezerves daļas;

1.4. sadzīves tehnika:

1.4.1. elektropreces;

1.4.2. audio un video iekārtas;

1.4.3. fotoaparatūra un tās piederumi;

1.4.4. mobilie telefoni un to piederumi;

1.5. drošības sistēmas personu un īpašuma

aizsardzībai.

2. Pakalpojumi:

2.1. sauszemes transportlīdzekļu remonts un apkope;

2.2. transporta pakalpojumi šā pielikuma 1. punktā minēto

preču pārvadāšanai;

2.3. pakalpojumi interjera veidošanai, tostarp interjera

priekšmetu izgatavošana un uzstādīšana;

2.4. biroja tehnikas un sadzīves tehnikas remonts un

apkope;

2.5. pakalpojumi personu un īpašuma aizsardzības

nodrošināšanai;

2.6. elektronisko sakaru pakalpojumi;

2.7. radio un televīzijas apraides pakalpojumi.

HEADQUARTERS

AGREEMENT between the Government of the Republic of Latvia and

the Agency for Support for the Body of European Regulators for

Electronic Communications

The Government of the Republic of Latvia, hereinafter referred

to as 'the Host Member State', and the Agency for Support for the

Body of European Regulators for Electronic Communications

(BEREC), namely the Agency for Support for BEREC, hereinafter

referred to as 'the Agency', jointly referred to as 'the

Parties":

HAVING REGARD to Regulation (EU) 2018/1971 of the European

Parliament and the Council of 11 December 2018 establishing the

Body of European Regulators for Electronic Communications (BEREC)

and the Agency for Support for BEREC (BEREC Office), amending

Regulation (EU) 2015/2120 and repealing Regulation (EC) No

1211/2009 ('Regulation (EU) 1971'), and in particular Articles

2(5) and 47 thereof,

HAVING REGARD to the Host Member State's candidature for the

seat of the Office of 14 April 2010, made under Regulation (EC)

No 1211/2009 of the European Parliament and of the Council of 25

November 2009 establishing the BEREC and the Office;

HAVING REGARD to Decision 2010/349/EU taken by common accord

between the Representatives of the Governments of the Member

States of 31 May 2010 that the location of the seat of the Office

shall be in Riga, Latvia;

HAVING REGARD to the Seat Agreement between the Government of

the Republic of Latvia and the Office signed on 24 February 2011

and entered into force on 5 August 2011;

HAVING REGARD to Article 2 (5) of Regulation (EU) 2018/1971,

which states that the seat of the Agency shall be in Riga;

HAVING REGARD to the Joint Statement with a Common Approach of

the European Parliament, the Council of the EU and the European

Commission on the decentralised agencies of 2012 and the related

guidelines with standard provisions for headquarters agreements

of EU decentralised agencies by the European Commission;

WHEREAS:

1) Under Regulation (EC) No 1211/2009 of the European

Parliament and of the Council of 25 November 2009 establishing

BEREC and the Office, the Host Member State made on 14 April 2010

a candidature for the seat of the Office, and it was agreed by

common accord between the Representatives of the Governments of

the Member States of 31 May 2010 that the location of the seat of

the Office shall be in Riga, the Republic of Latvia.

2) A Seat Agreement between the Government of the Republic of

Latvia and the Office was signed on 24 February 2011 and entered

into force on 5 August 2011.

3) BEREC and the Office have made a positive contribution

towards the consistent implementation of the regulatory framework

for electronic communications. In light of market and

technological developments, which often entail an increased

cross-border dimension, and of the experience gained so far in

seeking to ensure the consistent implementation in the field of

electronic communications, the EU legislator decided to build on

the work of BEREC and the Office.

4) Regulation (EU) 2018/1971 therefore confers new tasks on

BEREC and the BEREC Office and other Union legal acts may confer

additional tasks.

5) The Office, which was established as a Community body with

legal personality by Regulation (EC) No 1211/2009, is succeeded

by the BEREC Office established by Regulation (EU) 2018/1971, as

regards all ownership, agreements, including the Seat Agreement,

legal obligations, employment contracts, financial commitments

and liabilities. This transition did not affect the rights and

obligations of the staff of the Office.

6) The Government of the Host Member State is dedicated to the

ambition of hosting the Agency and is ready to contribute in

order to provide best possible conditions to ensure its proper

functioning.

7) The Government of the Host Member State contributed to the

establishment of the Office during the period of 2010-2013 and

has been providing institutional support since then. The Parties

should further cooperate to ensure the continuity in operation

and the smooth functioning of the Agency. For that purpose, the

Parties should sign a Service Level Agreement to establish

working arrangements, including on activities and costs in

relation to premises, liaison officers, associated services,

etc.

8) The Host Member State is planning to provide additional

benefits for the staff of the Agency and their family

members.

9) The Host Member State is aiming at increasing provision of

a multilingual and multicultural Europe-oriented education of

high quality to educate children of different mother tongues and

nationalities thus facilitating labour mobility in the European

Union, ensuring an appropriate operating environment to the

European Union agencies located in the Republic of Latvia and for

the benefit of the international community in the Republic of

Latvia.

10) It is therefore necessary to conclude a new Headquarters

Agreement between the Parties, which agree that it should

maintain the same level of conditions that the Office enjoyed

under the Seat Agreement signed on 24 February 2011 and entered

into force on 5 August 2011 and should be complemented with

additional elements, in accordance with the Joint Statement and

with the commitments of the Parties.

11) Parties should cooperate in activities, initiatives or

events in the area of activities of the Agency or within its

mandate and can be organized jointly or individually, as well as

in promoting the Union values, increasing the Agency's visibility

and recognition in the field of its activity and as a Union body

in the Republic of Latvia.

12) Article 30 of the Regulation (EU) 2018/1971 provides that

the Staff Regulations of officials of the European Union, the

Conditions of employment of other servants of the European Union

and the rules adopted jointly by the institutions of the European

Union for the purposes of the application of those Staff

Regulations and conditions of Employment shall apply to the

statutory staff of the Agency.

13) Article 34 of the Regulation (EU) 2018/1971 provides that

the Protocol No. 7 on the Privileges and Immunities of the

European Union, hereinafter referred to as 'the Protocol', shall

apply to the Agency and to its statutory staff.

14) Further administrative provisions must be agreed for the

implementation of the Protocol.

HAVE AGREED AS FOLLOWS:

Article 1

Definitions

1. All references in the Protocol to the European Union shall

be understood as references to the Agency.

2. All references in the Protocol to officials and other

servants of the European Union shall be understood as references

to officials and other servants of the Agency.

3. The staff of the Agency consists of:

a) Statutory staff subject to the Staff Regulations of

Officials of the European Union or to the Conditions of

employment of other servants of the European Union;

b) Seconded national experts.

4. Statutory staff shall mean the personnel of the Agency

subject to the Staff Regulations of Officials of the European

Union or to the Conditions of employment of other servants of the

European Union officials, temporary agents and contract

agents.

5. Seconded national experts shall mean all experts falling

within the scope of the provisions of the Decision of the

Management Board of the Agency for Support for BEREC (BEREC

Office) on the secondment to the BEREC Office of national experts

and national experts in professional training ('the SNE

Rules').

6. External experts shall mean persons who act under a service

contract concluded by the Agency or who are invited to provide

advisory services to BEREC or the Agency.

7. Household shall have the same meaning as described under

Articles 1 and 2 of Annex VII of the Staff Regulations of

Officials of the European Union.

8. Official use shall mean any use by which the functioning of

the Agency is secured or which is necessary to carry out a policy

of the European Union.

9. Premises means buildings, part of buildings and adjacent

areas, made available to, maintained, occupied or used by the

Agency in the Republic of Latvia in connection with its functions

and purposes.

Article 2

Legal status

1. According to Article 2 of Regulation (EU) 2018/1971, the

Agency is a body of the European Union. It enjoys the most

extensive legal capacity accorded to legal persons under the laws

of the Host Member State. It may, in particular, acquire or

dispose of movable and immovable property and may be party to

legal proceedings. The Agency is represented by its Director.

2. The Agency shall take its seat in Riga, the Republic

of Latvia.

Article 3

Contribution by the Government of the Host Member State

1. The Government of the Host Member State shall provide full

institutional support for the work of the Agency, including by

the establishment of a Liaison Office as specified in Article

19.

2. The Agency shall be authorised to participate in joint

procurement procedures with contracting authorities of the Host

Member State. The specific terms and conditions of such

procurements will be agreed upon in the Service level agreement

or separately every time.

Article 4

Immunity, Inviolability and Communications

1. The premises and buildings of the Agency shall be

inviolable. They shall be exempt from search, requisition,

confiscation, expropriation or any form of seizure.

2. The property and assets of the Agency shall not be the

subject of any administrative or legal measure of constraint

without the authorisation of the Court of Justice of the European

Union.

3. The archives of the Agency as well as all documents and

data belonging to the Agency or held by it shall be

inviolable.

4. For its official communications and the transmission of all

its documents, the Agency shall enjoy the treatment accorded by

the Host Member State to diplomatic missions. No official

communication addressed to the Agency or any member of its staff,

or any communication emanating from the Agency, in whatever form

or by whatever means of transmission, may be subject of any

restriction of any kind, nor may its confidential nature be

prejudiced. This protection extends in particular to

publications, internet content, magnetic and optical tapes and

disks, pictures, films or any other visual or sound

recording.

Article 5

Exemption from taxes

1. The Agency is exempt from any national, regional or

municipal direct taxes and all administrative fees with regard to

the premises it owns or rents, its assets, revenues and other

property.

2. The Agency is exempt from the payment of any national,

regional or municipal indirect taxes and sales taxes on the

supply of goods and services (including those on the consumption

of gas, electricity and any type of fuel) for official use by the

Agency.

3. The exemption from value added tax (VAT) and excise duty

shall be granted indirectly by reimbursement in accordance with a

procedure established in legal acts by the Republic of Latvia.

The exemption from VAT and excise duty shall be applied directly

by the supplier of goods and services only if the Agency provides

a VAT and/or excise duty exemption certificate issued as it is

set out in the legal acts of the Republic of Latvia.

4. The exemption from excise duty and VAT for excisable goods

for the official use by the Agency shall be applied for purchases

in excise tax warehouses (for excise goods) and customs

warehouses within the territory of the Republic of Latvia, if the

transaction is accompanied by the appropriate certificate

referred in paragraph 3 of this Article.

5. The Agency shall inform the Ministry of Finance of the

Republic of Latvia not later than 30 March regarding the

application of exemptions from VAT and excise duty using the

certificate referred in paragraph 3 of this Article for in the

previous year, indicating the total amount of annual turnover

(transactions) of excise goods and the total amount of annual

turnover of other transactions.

Article 6

Customs duties, imports and exports

1. The Agency shall be exempt from all customs duties,

prohibitions and restrictions on imports and exports in respect

of articles intended for its official use.

2. Articles so imported shall not be disposed of, whether or

not in return for payment, in the Host Member State or the

internal market without prior approval of the Government of the

Host Member State.

3. The Agency shall also be exempt from any customs duties and

any prohibitions and restrictions on imports and exports in

respect of its publications.

Article 7

Diplomatic bags

Documents and articles for official use of the Agency may be

imported, exported or transferred in the form of luggage in line

with the established procedures for diplomatic luggage of

diplomatic representations of other countries in the Host Member

State.

Article 8

Vehicles of the Agency

1. The Agency is exempt from any taxes, duties and any import

restrictions on vehicles and other technical equipment intended

for the official use of the Agency and on spare parts for

these.

2. Vehicles intended for the official use of the Agency shall

be registered under a special series similar to the registration

of vehicles used by the diplomatic missions accredited to the

Host Member State.

3. The Agency may freely dispose of these vehicles three years

after they were purchased without any prohibition or restriction

and without any customs or other duty and taxes.

Article 9

Entry and stay

1. The authorities of the Host Member State shall take

appropriate measures to facilitate the entry into, stay in and

exit from its territory of the following persons, irrespective of

their nationality: members of the Management Board and other

bodies of the Agency, the Director, statutory staff, seconded

national experts, external experts, as well as the members of the

family forming part of the household of the Director, the

statutory staff and the seconded national experts.

2. Visas, when needed by the persons referred to in paragraph

1 and any other necessary authorisations shall be issued to such

persons free of charge and as promptly as possible. The Agency

shall notify the competent authority of the Host Member State

about visa applications prior to lodging them at the respective

Host Member State consulate.

3. The Director, statutory staff and seconded national

experts, as well as the members of their family forming part of

their household shall be exempt from any immigration restrictions

or formalities for the registration of aliens.

Article 10

Seat of the Agency

1. The Government of the Host Member State shall support the

Agency in its endeavours to find appropriate permanent office

premises in Riga.

2. As long as the Agency has not found appropriate permanent

office premises in Riga and moved to them, the Host Member State

shall keep available to the Agency its current premises,

including assigned parking spaces, located at Zigfrīda Annas

Meierovica boulevard No. 14, Riga, Latvia. The Agency must inform

the Government of the Host Member State about its intention to

move to new premises no later than one year before the

moving.

3. Should serious problems arise during the lease of the new

premises, the Host Member State shall do its best to support the

Agency by providing expertise and assistance before or during

litigation, including before a judicial court. In addition, in

order to avoid any disruption of the functioning of the Agency,

the Host Member State shall provide temporary premises for the

Agency, if requested by the Agency.

4. The Agency may fly the flags of the Union, the flags of the

Host Member State and Host City and its own flag on its

premises.

5. The Agency shall be exclusively entitled to display its

emblem on the premises of the Agency and on its means of

transport.

6. The relevant authorities of the Host Member State and the

bodies which are under their control shall do everything within

their remit to support the Agency, at its request, in case of

difficulties in acquiring the necessary services including

electricity, water, sewerage, gas, post, telephone, data

transmission lines, telegraph, local transport, drainage, refuse

collection and fire protection. This list shall not be regarded

as exhaustive. In case of any interruption or threatened

interruption of any such services, the Liaison Office defined in

Article 19 will assist the Agency to apply mitigation measures.

In case of escalation, the Host Member State authorities shall

consider the needs of the Agency as being of equal importance as

those of essential departments of the Government and shall take

steps accordingly to ensure that the work of the Agency is not

prejudiced.

7. The Agency may install and use telecommunications in their

installations. The Host Member State authorities shall take the

appropriate administrative measures in order to facilitate the

installation and use by the Agency of the said telecommunications

systems, in accordance with national law and regulations, and

ensure that the necessary authorisations for the installation and

use of fixed or mobile aerials for satellite telecommunications

and other equipment are issued in due time.

8. The Agency shall enjoy, in respect of its official

communications, the same treatment as granted to diplomatic

missions in respect of its official communications and the

transmission of all its documents not less favourable than that

accorded by the Government to any other government including its

diplomatic missions or to other governmental organisations in the

matter of priorities, tariffs and charges on mail, cablegrams,

telephotos, telephone, telegraph, telex and other

communications.

9. The Agency shall have the right to use codes and to

dispatch and receive official correspondence and other official

materials by courier in sealed bags which shall have the same

privilege and immunities as diplomatic couriers and bags.

Article 11

Security of the Agency

1. The Agency shall be responsible for the security and the

maintenance of order at its Premises. The Agency shall also be

responsible for compliance with the European Union law subject to

the Protocol and this Agreement.

2. In order to fulfil its responsibilities as regards security

and the maintenance of order within the Premises, the Agency

shall take any measures it considers appropriate and, in

particular, adopt the necessary internal rules. The Agency may,

in particular, refuse access to its buildings or other premises

or expel any persons considered undesirable.

3. The Agency may appoint security guards and bodyguards to

protect its premises, staff and visitors. The bearing of firearms

by security guards or bodyguards falls within the application of

the laws of Host Member State and requires the prior

authorisation by the Host member State Police.

4. No official of the Host Member State authorities shall

enter the premises of the Agency without prior approval of the

Director of the Agency or his/her authorized representative. Such

approval shall be presumed in case of fire or other disasters,

which could constitute a danger for public health and safety.

5. Upon request by the Director, The Government of the Host

Member State shall take all effective and adequate measures to

maintain and restore order and security in the Premises and their

immediate vicinity and shall provide to the Agency the

appropriate protection whilst guaranteeing free access to persons

authorised by the Agency.

6. The relevant authorities of the Host Member State and the

Agency shall keep each other informed of all matters that affect

the security of the Agency, its staff, visitors and its buildings

and other premises. They shall, in particular, nominate and

communicate to each other the names and functions of the persons

responsible to establish and maintain such cooperation.

Article 12

Officials and other agents of the Agency

1. In accordance with the provisions of Articles 11 to 15 of

the Protocol, it has been agreed in particular that the statutory

staff of the Agency:

i) Enjoy immunity from jurisdiction as regards acts carried

out by them in their official capacity, including their spoken

and written statements. This immunity shall continue after

cessation of their functions;

ii) Are exempt from national taxes on salaries, wages and

emoluments paid by the Agency;

iii) Are exempt from any compulsory contribution to the

national social security system, without prejudice to the

provisions laid down in the Conditions of Employment of Other

Servants of the European Union. Consequently, they shall not be

covered by the national social security regulations, unless they

voluntarily join the national social security system. The same

provision applies to the members of the family forming part of

the household of the statutory staff, unless they are employed in

the Host Member State by an employer other than the Agency or

receive social security benefits from the Host Member State;

iv) Enjoy the facilities usually granted to officials of

international organisations as regards exchange regulations;

v) Provided that the statutory staff of the Agency are not

nationals or permanent residents of the Republic of Latvia at the

time of taking up the duties, have the right to import from their

last country of residence or from the country of which they are

nationals, free of duty and without prohibitions or restrictions,

in respect of initial establishment, within two years of taking

up their appointment with the Agency furniture and personal

effects, including motor vehicles, which shall be registered

under a special series in accordance with the usual practice for

staff with immunity in the Republic of Latvia;

vi) Have the right to export, during a period of three years

as from the date of cessation of functions at the Agency, without

prohibitions or restrictions, furniture and personal effects,

including vehicles they use and which are in their possession.

The three years referred to in this paragraph shall be a maximum

limit and are only to be used exceptionally.

2. In addition to the privileges and immunities specified in

paragraph 1, the Director and the members of his/her family

forming part of his household, provided they are not Host Member

State nationals or have held permanent residence status before

being employed by the Agency, shall be accorded, in the Host

Member State, the privileges and immunities, exemptions and

facilities accorded to the heads of diplomatic missions and the

members of their family in accordance with the Vienna Convention

on Diplomatic Relations of 18 April 1961. This applies also to

persons fulfilling the functions of the Director on a temporary

basis for a period of at least two months.

3. As long as the statutory staff are employed in the Agency,

the statutory staff of the Agency who are not nationals or

permanent residents of the Republic of Latvia at the time of

taking up the duties, are exempt from paying VAT included in the

price of goods and services intended for personal needs, provided

those goods and services are listed in Annex A and the price

including VAT of a single receipt or invoice is not less than 50

euro.

4. The statutory staff, who are not nationals or permanent

residents of the Republic of Latvia, at the time of taking up the

duties at the BEREC Office shall be refunded the VAT for one

vehicle purchased in the Republic of Latvia and refund shall be

provided once in a period of three years.

5. If the statutory staff sells or otherwise alienates the

vehicle for the benefit of another person or institution in the

Republic of Latvia before the three years period specified in

point 4 has elapsed, the statutory staff shall refund to the

State budget 1/36th of the refunded sum of VAT for each month

which is left until reaching the term of three years.

6. The exemption from VAT shall be granted by reimbursement in

accordance with a procedure which is established in the Republic

of Latvia. Reimbursement upon exportation is not precluded under

this Article.

7. Statutory staff of the Agency, and their family members

forming part of the household shall have access to all the public

services provided by the Host Member State, including medical

services, schooling services, child care services and rental

rights without discrimination in relation to nationals of the

Host Member State.

Article 13

Seconded national experts

1. Any emoluments, allowances and other payments that are paid

by the Agency to seconded national experts shall be exempt from

national taxes.

2. For as long as they remain covered by the social security

system in the country from which they are seconded to the Agency,

the seconded national experts shall be exempt from all compulsory

contributions to the social security organisations of the Host

Member State. Consequently, during that time they shall not be

covered by the social security regulations of the Host Member

State, unless they voluntarily join the Host Member State Social

Security System.

3. The provisions of paragraph 2 of this Article shall apply,

mutatis mutandis, to the members of the family forming part of

the household of the seconded experts, unless they are employed

in the Host Member State by an employer other than the Agency or

receive social security benefits from the Host Member State.

4. The seconded national experts, who are not nationals or

permanent residents of the Republic of Latvia at the time of

taking up the duties, within one year from taking up the duties,

are exempt from paying VAT included in the price of goods and

services intended for personal needs, provided those goods and

services are listed in Annex A and the price including VAT of a

single receipt or invoice is not less than 50 euro.

5. The seconded national experts, who are not nationals or

permanent residents of the Republic of Latvia, at the time of

taking up the duties at the BEREC Office shall be refunded the

VAT for one vehicle purchased in the Republic of Latvia and

refund shall be provided once in a period of three years.

6. If the seconded national experts sell or otherwise alienate

the vehicle for the benefit of another person or institution in

the Republic of Latvia before the three years period specified in

point 5 has elapsed, the seconded national experts shall refund

to the State budget 1/36th of the refunded sum of VAT for each

month which is left until reaching the term of three years.

7. The exemption from VAT shall be granted by reimbursement in

a procedure which is established in the Republic of Latvia.

Reimbursement upon exportation is not precluded under this

Article.

Article 14

Employment

1. Members of the family forming part of the household of the

statutory staff and the seconded national experts of the Agency

shall enjoy access to the labour market without requiring a work

permit, while in the Republic of Latvia and for the duration of

the employment of the given statutory staff or seconded national

expert with the Agency in the Host Member State.

2. Persons mentioned in paragraph 1 who obtain gainful

employment in the Republic of Latvia shall enjoy no immunity from

criminal, civil or administrative jurisdiction with respect to

matters arising in the course of or in connection with such

employment.

Article 15

Management Board

Remuneration, honoraria and allowances paid by the Agency to

the persons acting in their capacity according to Article 15 and

35(2) of the Regulation (EU) 2018/1971 shall be exempt from

national taxes and social security contributions.

Article 16

Notification of appointments, identity cards

1. The Agency shall inform the Ministry of Foreign Affairs of

the Host Member State when the Director, a member of the

statutory staff or a seconded national expert takes up or

relinquishes his/her duties. Each year the Agency shall send a

list of the names of the Director, statutory staff, seconded

national experts, as well as the address of the Director, to the

Ministry of Foreign Affairs of the Host Member State.

2. The Ministry of Foreign Affairs of the Host Member State

shall issue special identification cards to the Agency's staff

serving as means of personal identification, as a residence

permit and as a proof of the privileges and immunities bestowed

upon the individual person in accordance with the Protocol. Upon

the termination of duties, the Agency shall return the

identification card to the Ministry of Foreign Affairs.

3. Paragraphs 1 and 2 above shall apply to the members of the

family forming part of the household of the Agency's Staff

accredited by the Ministry of Foreign Affairs of the Host Member

State.

Article 17

Social Security

1. The Agency shall be exempt from all compulsory

contributions to social security schemes in the Host Member State

in respect of the Director, the statutory staff, the seconded

national experts, as well as the members of the Management

Board.

2. The Director and the statutory staff shall have the social

security coverage according to the Regulations and Rules

applicable to officials and other servants of the European

Union.

3. The Government of the Host Member State recognizes the

medical insurance provided by the Joint Sickness Insurance Scheme

(JSIS) for officials of the European Union.

Article 18

Waiver of immunities

1. The privileges and immunities granted by the Protocol are

conferred solely in the interest of the Agency and the Union, and

not for the personal benefit of the individuals themselves. They

shall be provided solely to ensure, in all circumstances, the

unimpeded functioning of the Agency and the complete independence

of the persons to whom they are accorded, in the interests of the

Agency and of the Union.

2. The Agency shall cooperate at all times with the

appropriate Latvian authorities to facilitate the proper

administration of justice and to prevent any abuse of the

privileges, exemptions, immunities and facilities provided for in

this Agreement.

3. The Director of the Agency shall waive the immunity

accorded to a member of the statutory staff of the Agency in all

cases where such immunity would impede the course of justice and

wherever the Director considers that the waiver of such immunity

is not contrary to the interests of the Agency or the Union.

4. The Management Board of the Agency shall waive the immunity

accorded to the Director of the Agency in all cases where such

immunity would impede the course of justice and wherever it

considers that the waiver of such immunity is not contrary to the

interests of the Agency or the Union.

5. The Management Board of the Agency shall waive the immunity

of any member of the Management Board of the Agency in all cases

where such immunity would impede the course of justice and

wherever it considers that the waiver of the immunity is not

contrary to the interests of the Agency or the Union.

Article 19

Liaison Office

1. The Government of the Host Member State shall establish the

Liaison Office within a period of one year from the entry into

force of this agreement, and in compliance with conditions agreed

between the parties in a Service level agreement. The Service

level agreement shall apply during the duration of this

Agreement, unless otherwise agreed in writing by the Parties.

2. The Liaison Office shall assist and advise the Agency and

its Staff, including members of their family forming part of

their household, on issues generally related to settling in and

staying in the Host Member State. It shall provide support on

general administrative matters such as, but not limited to,

submitting tax declarations, complying with the social security

obligations, and registering motor vehicle. On the request of the

Agency, the Liaison Office can, inter alia, facilitate access to

the job market, to the day-care facilities, to the schools and

universities, to banking and insurance. It also can assist in

searches for premises and facilities, housing and real estate

brokerage, and telecommunications.

Article 20

Communication and visibility

1. The Agency aims at being involved in the activities,

initiatives or measures put in place by the Government and/or its

local authorities for contributing to the interest and benefit of

Latvian community and society. Besides other, those might include

public engagements and events in the area of activities of the

Agency or within its mandate and can be organized jointly or

individually.

2. The Agency aims at promoting the Union values, increasing

its visibility and recognition in the field of its activity and

as the Union body in the host Member State to particular target

audiences. The Agency will do it on its own initiative and with

support by the Government. In particular, by regular exchange of

information, publishing of information by the Government about

the Agency on the relevant communications channels and

streamlined involvement by the Government in different relevant

communications and public relations activities.

3. The Parties will further specify activities under

paragraphs (1) and (2) of this article, with a multi-annual

outlook, to be reviewed annually via exchange of letters.

Article 21

European Schooling

1. The Government of the Host Member State undertakes to find

jointly with the Agency the best possible solution for schooling

for the children of the staff of the Agency, which shall be

suited to their individual needs and offer the possibility of

recognised diplomas in all EU Member States.

2. The Government of the Host Member State aims at ensuring in

2022/2023 the accreditation of one school as European School in

Latvia, accessible by priority for the children of the staff of

the Agency and the members of the family forming part of the

household. The accredited European School shall provide the

nursery classes 1 and 2, primary and secondary school education.

Sections and classes shall be created in line with the number of

pupils.

3. Following the entry into force of this agreement and until

the conditions in paragraph (2) of this Article are fulfilled,

the Government of the Host Member State undertakes to facilitate

access to education system and contribute to the schooling costs

of the children of the staff of the Agency within the limits of

the budget available.

4. The Government of the Host Member State undertakes to

facilitate access to early childhood education and care for the

children of the staff of the Agency until they reach the age at

which they can be enrolled in the nursery class at the Accredited

European School.

5. Specific arrangements to implement this article will be

included in the Service Level Agreement.

Article 22

Data Protection

The data protection legislation of the Host State shall not be

applicable to personal data held by the Agency, in particular for

the purpose of its operations, internal administration, security

or any general information needs of its Staff, provided that as

regards the processing of personal data rules established at the

Agency comply with Regulation (EU) 2018/1725 of the European

Parliament And of the Council of 23 October 2018 on the

protection of natural persons with regard to the processing of

personal data by the Union institutions, bodies, offices and

agencies and on the free movement of such data, and repealing

Regulation (EC) No 45/2001 and Decision No 1247/2002/EC.

Article 23

Resolutions of disputes

1. Any dispute with regard to the interpretation or

application of this agreement shall be examined by an ad hoc

group consisting of six members, three of whom shall be appointed

by each of the two contracting parties at the request of the

party initiating the dispute resolution. The appointment of

members shall take place no later than 20 calendar days following

the request. The ad hoc group shall hear the dispute no later

than 20 calendar days after its appointment and deliver its

opinion in writing no later than 20 calendar days after the

hearing.

2. Disputes not resolved in this way shall be referred to the

Court of Justice of the European Union by the Agency or by the

Host State after having given the other party two month notice in

advance of its intention of referring the matter to the

Court.

Article 24

Interpretation of the Agreement

1. This Agreement is signed in four copies, two in Latvian and

two in English, one version of each language version for each

party.

2. Should in a dispute concerning its interpretation appear

that the two language versions may be interpreted in a different

manner the interpretation of the English language version shall

prevail.

Article 25

Entering into force and implementation

1. This agreement shall enter into force on the date of

receipt of the last written notification through diplomatic

channels by which the Parties inform each other that their

internal legal procedures have been fulfilled. Within a period of

two years from its entry into force the Host Member State shall

adopt all necessary legislations to implement its

obligations.

2. This agreement shall remain in force until the completion

of the winding up of the Agency, unless agreed otherwise by the

parties.

3. This agreement may be amended by mutual consent of the

parties. Such amendments shall enter into force in accordance

with paragraph 1 of the present Article.

4. Either Party may terminate the present agreement by means

of a written notice to the other party. Termination shall take

effect six months following the date of the notification.

5. Upon the entry into force of this Agreement, the Seat

Agreement between the Government of the Republic of Latvia and

the Office of the Body of European Regulators for Electronic

Communications, signed on 24 February 2011 and the Memorandum of

Understanding between the Government of the Republic of Latvia

and the Office of the Body of European Regulators for Electronic

Communications on the Establishment of the headquarters of this

European entity, signed on 30 September 2011, shall be

terminated.

Signatures of authorised

representatives

For the

Government of the Republic of Latvia

For the

Agency for Support for BEREC

___________________

Tālis Linkaits

Minister of Transport of the Republic of Latvia

_______________________

László Ignéczi

Director of the BEREC Office

Place:…………, date:……………

Place:…………, date:……………

Annex A

Goods and

services intended for personal needs of the staff of the Agency

for which the Value Added Tax is refunded by the Host Member

State.

1. Goods:

1.1. land vehicles, equipment, spare parts, lubricants and

fuel stipulated in the laws and regulations of the Republic of

Latvia regarding road traffic and vehicle registration;

1.2. interior objects of premises;

1.3. office equipment, components and accessories thereof,

including spare parts;

1.4. household appliances:

1.4.1. electric appliances;

1.4.2. audio equipment and video equipment;

1.4.3. photographic equipment and accessories thereof;

1.4.4. mobile phones and accessories thereof;

1.5. security systems for the protection of persons and

property.

2. Services:

2.1. repair and maintenance of land vehicles;

2.2. transport services for carriage of the goods referred to

in Paragraph 1 of this Annex;

2.3. services for interior designing, including making and

mounting of interior objects;

2.4. repair and maintenance of office equipment and household

appliances;

2.5. services for ensuring the protection of persons and

property;

2.6. electronic communications services;

2.7. radio and television broadcasting services.