Νόμος 3572/2007

ΝΟΜΟΣ ΥΠ' ΑΡΙΘΜ. 3572

Άρθρο πρώτο

2874 ΕΦΗΜΕΡΙΣ ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ (ΤΕΥΧΟΣ ΠΡΩΤΟ)

SEAT AGREEMENT between

the Government of the Hellenic Republic and

the European Network and Information Security Agency

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The Hellenic Republic (hereinafter referred to as "Hellas"), on the one part, represented by the Deputy Minister of Transport and Cornmunications, Mr Anastasios Nerantzis

The European Network and Information Security Agency (hereinafter referred to as "the Agency"), on the other part, represented by its Executive Director, Mr Andrea Pirotti

Whereas Regulation n. 460/2004 of the European Parliament and of the Council of 10^th March 2004 establishes the Agency (hereinafter referred to as "the Regulation");

Whereas the seat of the Agency shall be in Hellas by virtue of the Conclusions of the Representatives of the Member States meeting at Head of State or Government level in Brussels on the 13^th December 2003;

Whereas, by virtue of a decision of the Hellenic Government, published in the Official Gazette of the Hellenic Republic 319/B711-2-2004 following the decision of the Minister of Transport and Communications 7744/83/6-2-2004, the permanent seat of the Agency shall be in Heraklion, Crete;

Whereas article 20 of the Regulation lays down that the Protocol on the privileges and immunities of the European Communities shall apply to the Agency and its staff, and that article 19 of the said Regulation states that the rules and regulations applicable to officials and other staff of the European Communities shall apply to the staff of the Agency;

Whereas the support of Hellas, at national and local level, shall be governed by the present Agreement and by admimstrative accords regarding the making available of the buildings, premises, land and other logistical aspects in Heraklion besides the physical and infirastructural security of the personnel and the assets of the Agency;

Whereas the privileges and immunities granted by the present Agreement to the staff of the Agency and to the experts commissioned by the Agency aim solely to guarantee the hindrance-free functioning of the Agency and the independence of the people who benefit from it;

Welcoming the letters of the Deputy Minister of Transport and Communications of March 2^nd and 9* 2005, aiming to ensure that all the necessary steps will be undertaken to guarantee the effective, operative and efficient functioning of the Agency in Heraklion;

Considering that, in order to achieve this, the Agency will need buildings, premises, and infrastructures ready as soon as possible and that, in order to allow the Agency to become a point of reference and excellence in IT Security in Europe, it will have to attract the best skilled professionals in Europe to a Seat that would be well connected to Brussels as well as provide nursing and school facilities and curricula, by founding a European School based on the "Parma model" for the European Food Safety Authority, which will follow the curricula of the English and Greek sections of European Schools;

Adopting the Council's Decision of March 19^th 2001 concerning the council's security regulations 2001/264/EC

Have agreed as follows:

Article 1 SEAT

1. Hellas shall make available to the Agency the buildings, premises, land and all other conditions which will be specified in complementary agreements with Hellenic national authorities. Amendments to the agreements shall be agreed by means of an exchange of letters between the authorities designated by the contracting parties.

2. In case of inconsistency between this Seat Agreement and any complementary agreement to it, this Seat Agreement shall prevail.

3. By "Seat" is meant:.

a) the "buildings, premises and land" used by the Agency as it will be specified in the complimentary Agreements between ENISA and the competent Hellenic authorities;

b) the "buildings, premises and land" which the Agency shall use temporarily for its own official activities; in this case the application of the present Agreement relating to the Seat shall only be valid for the period during which the Agency occupies the said buildings, premises and land. In each of these eventualities the Agency shall arrange for the competent authorities to be informed, insofar as is possible with at least one week's notice, indicating the exact address of the place where these activities will take place.

4. The Agency buildings and premises shall be clearly identified and separated.

5. The buildings and premises of the Agency are inviolable. Greek police or officials shall not enter the said buildings and premises in the exercise of their duties except with the consent of, and in the conditions agreed by, the Executive Director without other prior consents or approvals.

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6, Without prejudice to the provisions of the Protocol on Privileges and Immunities of the European Communities, the Agency shall ensure that the buildings and premises of the Agency shall not become the refuge either of persons attempting to evade arrest under a warrant issued by the Greek authorities or of persons seeking to avoid the execution of the legal process.

Article 2 LEGAL PERSONALITY

1. Hellas recognises the legal personality of the Agency as provided for in Article 18 of the Regulation and, in particular, its legal capacity included, but not limited, to:

a) draw up and execute contracts;

b) acquire and dispose of moveable and immovable property ;

c) be a party to legal proceedings.

2. For the purpose of the present Agreement, the Agency shall be represented by its Executive Director.

Article 3 GENERAL SUPPORT

1. Hellas shall take all the steps necessary to assist the Agency to install and keep its premises in Heraklion in good working order.

2. Hellas shall do its utmost to ensure that the competent Hellenic authorities guarantee adequate protection to the areas surrounding the Agency's building, premises and land and the Executive Director's residence, above all to prevent unauthorised access or other forms of disturbance.

3. Hellas recognises that, in order for the Agency to work well, suitable measures and services, as well as equipment and support services are necessary for the Agency to install and to facilitate the application of this Agreement at local level, the Agency shall maintain close relationship with the representatives appointed by the Hellenic Government and the local authorities.

4. Insofar as possible, the competent Hellenic authorities and the bodies subordinate to them, shall do their outmost to provide - under conditions equal to those granted in comparable circumstances to the Foreign Countries Diplomatic Missions - the Agency, at its request, with all the services necessary, which shall include, among other services , access to electricity, water, gas, postal, telephone and data communications services, local transport, garbage collection, fire protection.

Article 4 COMMUNICATIONS

1. The Agency is authorised to install and operate telecommunication systems on its own site, in accordance with the Hellenic Law and Regulations.

2. No official communications addressed to the Agency or to any member of its staff and no official communication sent by the Agency, in any form and by any means of transmission, may be subjected to restrictions of any kind or have its confidentiality breached.

3. The Agency shall enjoy for its official communication any favourable treatment that is accorded by Hellas to diplomatic missions accredited to the Hellenic Republic, in the matter of, inter alia, priorities and rates for mail, cables, and telegrams.

4. The Agency's staff shall be entitled to use State railways and other public transport facilities at tariffs and rates which shall not exceed the most favourable passenger fares or freight rate generally accorded to Greek administrations.

Article 5 LIABILITY

1. Hellas's international legal liability cannot be called into question as a result of activities of the Agency on Hellenic territory, acts or omissions by the Agency or by its representatives, who act or refrain from acting within the limits of their own duties. If, nevertheless, Hellas's liability is called into question, the latter shall have the right to seek compensation from the Agency.

2. The Agency shall be liable for all damage or detriment caused by its own or its representatives' activities in Hellas. Without prejudice to the Agency's prerogative to choose the law applicable to contracts pursuant to Article 21 of the Regulation, this liability shall, in principle, be governed by Hellenic law.

3. The Agency shall absolve Hellas from liability for claims for compensations in the

4. The Agency shall subscribe insurance to cover its own civil liabilities.

Article 6

PRIVILEGES AND IMMUNITIES

1. Hellas shall apply to the Agency the privileges and immunities provided for in the Protocol on the privileges and immunities of the European Communities, signed in Brussels on 8 April 1965.

2. For the purposes of applying the Protocol on the privileges and immunities of the European Communities to the relations between the Agency and Hellenic Republic, the following definitions shall apply:

a) all references to the European Communities and to their officials and staff are to be read as references to the Agency, its officials and other staff of the Agency;

b) with exception being made for Articles 7,13, 15 and 16, references to the Council and to the Commission are to be read as references to the Management Board of the Agency.

3 . Other individuals or specific privileges which do not fall within the scope of this Agreement will be subject to complimentary agreements which will be negotiated on the basis of conditions already applicable to and implemented for international organisations or European Union institutions. All privileges and conditions applicable to other already established Agencies in Hellas shall be extended, upon request to the Ministry of Foreign Affairs.

Article 7 IMMUNITIES

1. The Agency, its assets and funds, wherever they may be, shall be immune - in the performance of the official activities - from any form of legal proceedings and shall not be the subject of any administrative or legal measures of constraint, except in the event of the immunity being suspended within the meaning of Article 1 of the Protocol on the privileges and immunities of the European Communities.

2. The Agency shall not enjoy immunity from jurisdiction and execution in the following specific cases:

(i) in relation to a civil action by a third party on account of damage deriving from an accident caused by a vehicle which belongs to, or is used on behalf of, the Agency or in relation to a violation of the traffic code in which the said vehicle is involved;

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(ii) in relation to contracts, other than those concluded in conformity with the regulation on staff;

(iii) in relation to a counterclaim application directly connected with legal proceedings instituted by the Agency.

3. The premises and the building used by the Agency as well as the archives shall be inviolable. The competent Hellenic authorities shall not enter the premises to perform official activities unless with the explicit consent of the Executive Director of the Agency or of his representative and under conditions agreed by him. In the event of fire or Other emergency situation which requires immediate protective intervention; the consent of the Executive Director or of his representative to enter the premises shall be presumed if it is not possible to reach one or the other in time.

4. The Executive Director of the Agency shall undertake to ensure that the premises of the Agency are not used as a refuge by people intending to evade arrest or other measures limiting personal freedom within the meaning of Hellenic legislation or are sought by Hellas for the purposes of extradition to another country.

5. Hellas grants to the Agency the right to convene meetings in its own Seat as well as in any other place in Hellas.

Article 8 FINANCIAL FACILITIES

1. The Agency, its funds, assets and income, wherever they may be situated and by whosoever they may be held, shall, within the limits of their official activities, be exempt from all direct taxes due to the State, regions, provinces and municipalities.

"2. Insofar as value added tax is concerned, the Agency shall be directly exempt from it for purchases of goods and services relating to its official tasks and the exercise of its duties.

3. The means of VAT exclusions shall be applied by a decision of the Minister of Economic Affairs and shall not be less favourable than for other European Organisations and other Agencies already established in Hellas. This decision shall be provided to the Agency in due time in order to allow the Agency to carry out its installation and acquisitions proceedings.

4. The Agency shall be exempt from any customs duty, VAT, prohibition or restriction, on goods of any type imported or exported in the exercise of its own official activities.

5. Imported goods shall be subjected to health and plant health checks, as well as to measures which derive from them within the meaning of the regulations in force within the European Union; the Hellenic authorities shall undertake to carry out the checks with all due diligence, taking into account the working requirements of the Agency.

6. Imported goods exempt from duties, prohibitions and restrictions, in accordance with the present Agreement, may not be transferred to third parties for a valuable consideration or free of charge without the prior agreement of the Hellenic authorities, and without prior payment of the relevant duties.

7. The Agency shall be able to receive and keep any type of funds, currency or cash and keep accounts in any currency insofar as is necessary to meet its institutional needs.

Article 9 VEHICLES OF THE AGENCY

The Agency shall be exempt from duties, as well as from any prohibition or restriction on importing vehicles intended for official activities and on the relevant spare parts.

Article 10 STAFF OF THE AGENCY

1. The staff of the Agency shall be made up of the following categories:

a) Statutory staff subject to the Staff Regulations of Officials of the European Communities and to the Conditions of employment of other servants of the European Communities, which include officials, temporary agents, contract staff, local staff and special advisors

b) External staff, which includes seconded national experts, experts on contract entrusted with studies and trainees.

2. External staff with the ad-hoc commissions of a specialist nature of the Agency are regarded as "experts commissioned by the Agency".

3. Without amending the provisions of Articles 12 to 15 of the Protocol on the privileges and immunities of the European Communities, it is specifically agreed that the statutory staff and the external staff of the Agency, with the saving clause of article 11 of this Agreement:

i) shall be exempt from national taxes and / or value added tax (VAT) on salaries, wages and emoluments paid by the Agency;

ii) shall be immune from legal proceedings in respect of acts performed by ' them in the exercise of their official duties, including their words spoken or written; they shall continue to enjoy this immunity after they have ceased to hold office;

iii) shall, together with their spouses and dependent family members, not be subject to irnrnigration restrictions or to formalities for the registration of aliens;

iv) shall, in respect of exchange regulations, be accorded the same facilities as are accorded to officials of equal rank of foreign diplomatic missions in Hellas;

v) shall, together with their spouses and dependent family members, receive the same assistance with repatriation as is granted to diplomats in the event of international crises; this clause does not apply to Greek citizens;

vi) may, duty and tax free, and without prohibitions and restrictions, import from the country of their last residence or the country of which they are nationals, their household and personal effects, including one vehicle, which has been purchased on the terms ruling in the home market in that country. Import from a non - EU country of the aforementioned household and personal effects shall take place within a period of one year starting from their appointment by the Agency, for a maximum of two shipments. Within the same period, they can import one vehicle either under the status of temporary import or duty and tax free. In case of duty and tax free import, the vehicle will be registered in a special series. The aforementioned imported goods exempt from duties, prohibitions and restrictions, in accordance with the present Agreement, may not be transferred to third parties for a valuable consideration or free of charge without prior payment of the relevant duties.

vii) will benefit, within a period of two years starting from the Official move of the Agency to Heraklion or their appointment by the Agency, whichever is the latest, from a tax installation benefit - direct VAT exemption - on the purchase of mrniture and other household goods necessary for their installation, superior to the limit set by the Greek legislation for International Organisations based in Greece;

viii) may export, in the year following the date of cessation of their duties with the Agency, without prohibitions and restrictions, their own furniture and personal effects, including the vehicle, in their use and possession;

4. Immunities from jurisdiction shall not apply in the case of civil action brought by a third party for damage resulting from an accident caused by a motor vehicle, boat or aeroplane belonging to the Agency or travelling on its behalf, nor in the case of infringement of the regulations of automobile, boat or airplane traffic. The Agency does, however, undertake to take out insurance to cover any civil liability toward third parties in order to guarantee compensation for any damage caused in the performance of its own duties.

5. Apart from the privileges and immunities defined in the preceding points, the Executive Director of the Agency shall be granted privileges and immunities, facilities and concessions granted by the Hellenic Government to Chief of Missions in the diplomatic corps in Hellas.

Article 11 LOCAL STAFF

It is expressly agreed that staff members of the Agency locally hired under Hellenic law do not fall within the aforementioned Protocol on the privileges and immunities of

the European Communities. However, they will be immune from legal proceedings in respect of acts performed by them in their official capacity in accordance with the provision of Article 12 (a) of the Protocol on the privileges and immunities of the European Communities.

Article 12 SPECIAL PROVISIONS

1. Every time a member of staff takes up an appointment or ends his duties, the Agency shall inform the Hellenic authorities. At least once a year the Agency shall provide the Hellenic authorities with a list of all members of staff and dependent family members of staff and dependent family members living with them,

2. The Hellenic authorities shall issue to all the statutory staff members of the Agency, their spouses and relatives dependent on them and the seconded national experts a special identity card specifying that the holder is such a staff member of the Agency or the spouse of, or a relati ve dependant on such a staff member.

3. The Agency undertakes to cooperate with the competent authorities of the Hellenic Government on any occasion where necessary to prevent abuses relating to privileges, immunities and the concessions provided for by the present Agreement.

4. Notwithstanding the privileges and immunities granted on the basis of the present Agreement, all those who shall enjoy the said privileges and immunities shall be obliged to comply with the legislation and the regulations in force in the territory of the Hellenic Republic and not interfere in the internal affairs of the State.

5. As far as the experts on mission with the Agency are concerned, as well as all the people invited by the Agency to take part in its own activities, the competent Hellenic authorities shall take all the steps necessary to facilitate their entry into

the Hellenic territory, their stay and their departure. They shall be granted visas _y and authorisations with maximum speed and, if necessary, assistance with transit.

Article 13 SETTLEMENT OF DISPUTES

All disputes relating to the application of the present Agreement shall be the subject of any attempt to find a negotiated solution between the interested parties. Disputes which are not settled by this procedure shall fall within the competence of the Court of Justice of the European Communities.

Article 14 ENTRY INTO FORCE

This Agreement shall enter into force provisionally upon signature and definitively after completion of the constitutional procedures of the Hellenic Republic required to this end. The Hellenic Republic shall notify the Agency of the completion of these procedures and the Agreement will enter into force definitively on the date of reception of such notification by the Agency.

FOR THE GOVERNMENT FOR THE EUROPEAN

ΣΥΜΦΩΝΙΑ ΕΔΡΑΣ μεταξύ

της Κυβέρνησης της Ελληνικής Δημοκρατίας και του Ευρωπαϊκού Οργανισμού για την Ασφάλεια Δικτύων και Πληροφοριών

Η Ελληνική Δημοκρατία (η οποία εφεξής αναφέρεται ως «Ελλάδα») αφενός, εκπροσωπούμενη από τον Υφυπουργό Μεταφορών και Επικοινωνιών, Αναστάσιο Νεράντζη, και

Ο Ευρωπαϊκός Οργανισμός για την Ασφάλεια Δικτύων και Πληροφοριών/ENISA (ο οποίος εφεξής αναφέρεται ως «Οργανισμός») αφετέρου, εκπροσωπούμενος από τον Εκτελεστικό Διευθυντή του, Andrea Pirotti,

Επειδή ο Κανονισμός υπ' αριθμ. 460/2004 του Ευρωπαϊκού Κοινοβουλίου και του Συμβουλίου της 10ης Μαρτίου 2004 ιδρύει τον Οργανισμό (ο οποίος εφεξής αναφέρεται ως «Κανονισμός»),

Επειδή η έδρα του Οργανισμού θα βρίσκεται στην Ελλάδα, δυνάμει των Συμπερασμάτων της Συνάντησης των Αντιπροσώπων των Κρατών Μελών σε επίπεδο Αρχηγών Κρατών στις Βρυξέλλες στις 13 Δεκεμβρίου 2003,

Επειδή, δυνάμει απόφασης της Ελληνικής Κυβέρνησης η οποία δημοσιεύτηκε στην Εφημερίδα της Κυβερνήσεως της Ελληνικής Δημοκρατίας τεύχος υπ' αριθμ. 319/Β'/11.2.2004, σε συνέχεια της υπ' αριθμ. 7744/83/6.2.2004 απόφασης του Υπουργού Μεταφορών και Επικοινωνιών, η μόνιμη έδρα του Οργανισμού θα βρίσκεται στο Ηράκλειο Κρήτης,

Επειδή το άρθρο 20 του Κανονισμού ορίζει ότι το Πρωτόκολλο για τα προνόμια και ασυλίες των Ευρωπαϊκών Κοινοτήτων θα ισχύσει για τον Οργανισμό και το προσωπικό του και το άρθρο 19 του εν λόγω Κανονισμού ορίζει ότι οι κανόνες και κανονισμοί που ισχύουν για στελέχη και λοιπό προσωπικό των Ευρωπαϊκών Κοινοτήτων θα ισχύει για το προσωπικό του Οργανισμού,

Επειδή η υποστήριξη της Ελλάδας, σε εθνικό και τοπικό επίπεδο, θα διέπεται από την παρούσα Συμφωνία και από διοικητικές συμφωνίες σχετικά με την δυνατότητα διάθεσης των κτιρίων, χώρων, γης και άλλης επιχειρησιακής βοήθειας στο Ηράκλειο, εκτός της φυσικής ασφάλειας και της ασφάλειας υποδομών που αφορούν στο προσωπικό και περιουσιακά στοιχεία του Οργανισμού,

Επειδή τα προνόμια και ασυλίες που εκχωρούνται από την παρούσα Συμφωνία στο προσωπικό του Οργανισμού και στους εμπειρογνώμονες που προσλαμβάνονται από τον Οργανισμό αποσκοπούν αποκλειστικά στο να εγγυηθούν την απρόσκοπτη λειτουργία του Οργανισμού και την ανεξαρτησία των ανθρώπων που επωφελούνται αυτής,

Καλωσορίζοντας τις επιστολές του Υφυπουργού Μεταφορών και Επικοινωνιών με ημερομηνίες 2 και 9 Μαρτίου 2005, που αποσκοπούν στο να εξασφαλίσουν ότι θα αναληφθούν όλα τα απαραίτητα μέτρα, ώστε να εξασφαλισθεί η αποτελεσματική, λειτουργική και αποδοτική λειτουργία του Οργανισμού στο Ηράκλειο,

Λαμβάνοντας υπόψη ότι, για να επιτευχθεί αυτό, ο Οργανισμός θα χρειαστεί έτοιμα κτίρια, λειτουργικούς χώρους και υποδομές το συντομότερο δυνατό και ότι, με σκοπό να επιτραπεί στον Οργανισμό να καταστεί σημείο αναφοράς και κέντρο αριστείας στον τομέα της Ασφάλειας της Πληροφορικής στην Ευρώπη, θα πρέπει να προσελκύσει τους καλύτερα ειδικευμένους επαγγελματίες στην Ευρώπη σε μία Έδρα που θα είναι άρτια συνδεδεμένη με τις Βρυξέλλες και θα παρέχει νηπιαγωγεία, σχολεία και εκπαιδευτικά προγράμματα, με την ίδρυση ενός Ευρωπαϊκού Σχολείου, βασιζόμενο στο «μοντέλο της Πάρμα» για την Ευρωπαϊκή

Αρχή Ασφάλειας Τροφίμων, το οποίο θα ακολουθεί τα εκπαιδευτικά προγράμματα των Αγγλικών και Ελληνικών τμημάτων των Ευρωπαϊκών Σχολείων,

Υιοθετώντας την Απόφαση του Συμβουλίου της 19ης Μαρτίου 2001 σχετικά με τους κανονισμούς ασφαλείας του Συμβουλίου 2001/264/EC,

Συμφώνησαν ως ακολούθως: