Νόμος 3933/2011

ΝΟΜΟΣ ΥΠ' ΑΡΙΘ. 3933

Κύρωση της Συμφωνίας Υποδοχής μεταξύ της Κυβέρνησης της Ελληνικής Δημοκρατίας και του Περιφερειακού Γραφείου για την Ευρώπη της Παγκόσμιας Οργάνωσης Υγείας για την ίδρυση του Γραφείου Υποστήριξης για την Πρόληψη και τον Έλεγχο των μη Μεταδιδόμενων Ασθενειών στην Αθήνα, Ελλάδα.

Ο ΠΡΟΕΔΡΟΣ ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ

Εκδίδομε τον ακόλουθο νόμο που ψήφισε η Βουλή: Άρθρο πρώτο

Κυρώνεται και έχει την ισχύ, που ορίζει το άρθρο 28 παρ. 1 του Συντάγματος, η Συμφωνία Υποδοχής μεταξύ της Κυβέρνησης της Ελληνικής Δημοκρατίας και του Περιφερειακού Γραφείου για την Ευρώπη της Παγκόσμιας Οργάνωσης Υγείας για την ίδρυση του Γραφείου Υποστήριξης για την Πρόληψη και τον Έλεγχο των μη Μεταδιδόμενων Ασθενειών στην Αθήνα, που υπογράφηκε στην Κοπεγχάγη, στις 29 Σεπτεμβρίου 2008 και στην Αθήνα, στις 7 Οκτωβρίου 2008, το κείμενο της οποίας σε πρωτότυπο στην αγγλική γλώσσα και σε μετάφραση στην ελληνική έχει ως εξής:

Host Agreement between the Government of the Hellenic Republic and

the World Health Organization, Regional Office for Europe

Concerning the establishment of the

Office for the Support to the Prevention and Control of Noncommunicable Diseases

in Athens, Greece

Preamble

The Government of the Hellenic Republic (hereinafter referred to as "Greece") and the World Health Organization acting, through its Regional Office for Europe (hereinafter referred to as "WHO/EURO"), wishing to enhance their cooperation with the goal to strengthen the work on noncommunicable diseases, agree as follows:

Article 1

General Provisions

1. Greece and WHO/EURO agree that a WHO technical geographically dispersed office named the Athens Office for the Support to the Prevention and Control of Noncommunicable Diseases (hereinafter referred to as the "Athens office") shall be established by WHO in Athens, Greece.

2. Detailed arrangements regarding, inter alia, financing and the provision of premises of the Athens office, shall be established in this Host Agreement.

Article 2

Focus of the Athens office

1. The establishment of the Athens office is aimed at strengthening the WHO/EURO's work on noncommunicable diseases as a follow up to the adoption of the European Strategy for the Prevention and Control of Non-communicable Diseases (EUR/56/R2)

2. The general objectives of the Athens office will be

• As an integral part of WHO/EURO to contribute to and support the efforts of the WHO/EURO to reduce the burden of non-communicable diseases and related risk-factors in the European region with emphasis on information, intelligence and knowledge development and management; and

• To help Member States implement the Non Communicable Diseases (NDCs) strategy adopted by the Regional Committee at its fifty-sixth session.

3. More specifically, the Athens office will support Member States in the WHO European Region in better understanding and combating NCDs in line with the European Strategy, as summarized by the following key messages, to which Member States' health systems are expected to respond:

• prevention throughout life as an effective investment in health and development;

• creation of health-supporting environments, making healthy choices the easier choices;

• making health and medical services fit for purpose, responding to the current disease burden and increasing opportunities for health promotion;

• empowering people to promote their own health, interact with health services effectively and be active partners in managing disease;

• ensuring universal access to health promotion, disease prevention and health care services, in order to achieve equity in health; and

• ensuring that governments at all levels build healthy public policies and act across all sectors concerned.

4. This will be done through:

• Work on the development of knowledge, information and evidence to support WHO/EURO's decision-making, health needs assessment and priority setting, policy development, implementation and analysis, cost-effective interventions as well as monitoring and evaluation of outcomes;

• Work on the development (and where appropriate adaptation) of tools, guidance, resource and training materials to support country work and meet the needs and expectations of the Member States;

• Provide technical support to the Member States in the implementation of collaborative programmes with WHO/EURO in the area of non-communicable diseases;

• Contribute to the achievement of WHO's strategic objectives in the area of noncommunicable diseases in accordance with the approved workplans.

Article 3

Workplan and evaluation of the work

1. The Athens office will develop its activities as part of the organizational framework of WHO/EURO and in accordance with its biennial planning cycle... The strategic plan and budget of the Athens office shall be included in WHO overall strategic programme budget, be endorsed by the Regional Committee of WHO/EURO, and approved by the World Health Assembly of WHO. Preparation, implementation and evaluation of the work plan shall follow standard WHO/EURO procedures

2. The Head of the Athens office shall prepare annual progress reports for submission to the WHO Regional Director for Europe through relevant managerial channels.

3. Using this information, an evaluation of the activities of the Athens office shall be carried out every five years after entry into force of this agreement. On the basis of this evaluation, a decision will be made by Greece and WHO/EURO, as to the continuation of the Athens office.

Article 4

Organizational Structure of the Athens office

1. The organizational structure and activities of the Athens office shall form an integral part of WHO/EURO and as such, all activities carried out under this Agreement shall be governed by the Constitution, rules, regulations and policies of the WHO. WHO/EURO shall be responsible for the overall direction and guidance of the work of the Athens office.

2. A senior WHO staff member shall be appointed or assigned by the WHO Regional Director for Europe as Head of the Athens office. He/she shall act under the terms of reference and delegation of authority established for that purpose by WHO/EURO.

3. Subject to agreement by WHO/EURO and at its sole discretion, staff may be seconded to the Athens office from Greece, or any WHO Member State or any organization in cooperation with WHO. Such seconded staff may be in the professional or general service category. Fellows and interns may be also assigned to the Athens office by WHO/EURO.

4 Exchange of personnel (professional and general service staff) between WHO/EURO and the Athens office may take place according to needs and subject to WHO Rules, at no additional cost to the Ministry of Healdi and Social Solidarity of Greece.

5. All staff of the Athens office, including seconded staff, shall be staff members of WHO, subject to the Staff Regulations and Rules of WHO. Staff shall have the status of WHO officials for the purpose of the application of the immunities and privileges provided for in Article 6 of the present Agreement. The recruitment and conditions of service of the staff of the Athens office shall be subject to the regulations, rules and procedures of WHO and the ultimate selection of these individuals shall be decided by WHO/EURO. The duration of appointments, and the duration of any extension of appointments, shall be determined by the WHO/EURO, in accordance with regulations, rules and procedures of WHO.

Article 5

Legal Status

I. The Athens office, its operation, as well as its premises, property funds, assets, communications and staff, shall be subject to the Convention on the Privileges and Immunities of the Specialized Agencies and Annex VII thereto, adopted by the First World Health Assembly of WHO on 17 July 1948, (hereinafter referred to as "the Convention"), to which Greece acceded with respect to WHO on 21 June 1977.

I Will¹

ΦΕΚ 52

2. The terms of this Agreement are without prejudice to the Convention and Greece shall provide the privileges and immunities set forth in the Convention without limiting the scope of the provisions of this Agreement.

3. Without prejudice to its obligations under the Convention, Greece will grant to WHO, for the purposes of the Athens office, the privileges, immunities and facilities set out in this agreement.

4. WHO/EURO shall have, for the purposes of the present Agreement, the independence and freedom of action belonging to it as an international organization.

5. Greece recognizes the juridical personality of WHO/EURO and, through the Athens office, its capacity to contract, to establish bank accounts, to acquire and dispose of movable and immovable property and to institute legal proceedings.

6. The premises of the Athens office and the residence of the Head of the Athens office shall be inviolable. The property, assets, accounts and archives of WHO/EURO, wherever located and by whomsoever held, shall be immune from search, requisition, confiscation, expropriation, seizure and any other form of interference, whether by executive, administrative, judicial or legislative action.

7. - The appropriate authorities shall exercise due diligence to ensure the security and protection of the Athens office, and to ensure that the security and tranquility of the Athens office is not disturbed by the unauthorized entry of persons or groups of persons from outside or by disturbances in its immediate vicinity.

8. - Without prejudice to the provisions of the present Agreement, WHO/EURO shall prevent the Athens office from becoming a refuge from justice for persons against whom a penal judgment had been made or who are pursued flagrante delicto, or against whom a warrant of arrest or an order of extradition, expulsion or deportation has been issued by the appropriate authorities.

9. WHO/EURO shall be exempt from customs duties and prohibitions and restrictions with regard to articles imported or exported by the Athens office for its official use. While the the Athens office will not, as a general rule, claim exemption from excise duties and from taxes on the sale of movable and immovable property which form part of the price to be paid, nevertheless when the Athens office is making important purchases for official use of property, on which such duties and taxes have been charged, or are chargeable, Greece will whenever possible, make appropriate administrative arrangements for the remission or return of the amount of duty or tax.

Article 6

Officials

1. Officials of the Athens office shall enjoy the following privileges and immunities:

a) Immunity from legal process of any kind in respect of words spoken or written, and of ail acts performed by them in their official capacity. Such immunity shall continue to be accorded after termination of employment with WHO;

b) Exemption from any form of taxation in respect to their salaries, emoluments and pension paid to them by WHO, as well as exemption from compulsory payments, such as social security contributions, unless by agreement of WHO they are covered by the social security system of Greece;

Exemption, with respect to themselves, their spouses and their relatives dependent on them, from immigration restrictions and alien registrations;

Together with their spouses and relatives dependent on them the same repatriation facilities in time of international crisis as officials of comparable rank of diplomatic missions;

Immunity from national service obligations in accordance with Article VI, Section 20 of the Convention;

The right to import free of duties and other levies, including value-added tax, prohibitions, and restrictions on importation, their furniture, personal effects, including motor vehicles, and all household appliances, at the time of First taking up their post in Greece or within six months after taking up their post in Greece;

The right, once every three years, to import free of customs and excise duties a motor vehicle, it being understood that permission to sell or dispose of the vehicle in the open market will 'normally be granted two years after its importation only. It is further understood that customs duties will become payable in the event of the sale or disposal of such motor vehicle within three years after its importation to a person not entitled to this exemption;

and;

h) Applications for visas where required from officials of the Athens office shall be dealt with by Greece as speedily as possible. The same applies for visas and other documents to facilitate the entry into Greece for persons other than staff, travelling on business of the Athens office.

2. The same privileges in respect of currency exchange facilities as are accorded to officials of comparable rank forming part of diplomatic missions. In particular, WHO/EURO shall have the right, on termination of their assignment of Greece, to take out of Greece through authorized channels, without prohibition or restrictions, their funds in the same amount as have been brought by them into Greece as well as any other fund for the lawful possession of which they can show good cause.

3. In addition to the above mentioned privileges and immunities, the Head of the Athens office shall enjoy, in respect of himself/herself, his/her spouse and his/her relatives dependent on him/her, the privileges and immunities, exemptions and facilities normally

accorded to diplomatic envoys of comparable rank. For this purpose the Hellenic Ministry of Foreign Affairs shall include him/her in the list of diplomatic representatives accredited in Greece.

4. The privileges and immunities conferred by subparagraphs 1(c) through (h) of this Article shall not extend to the officials of the Athens office who are citizens of Greece or who are permanent residents of Greece. These officials shall enjoy such other privileges and immunities as they may be entitled to under Article VIII of the Convention.

5. The privileges and immunities for which provision is made in this Agreement are granted solely for the purpose of carrying out effectively the aims and purpose of the WHO/EURO. The Director-General of WHO shall have the right and the duty to waive the immunity of any staff member whenever, in his/her opinion, such immunity would impede the course of justice and can be waived without prejudice to the interests of WHO/EURO

6. The Athens office shall cooperate at ail times to facilitate the proper administration of justice, ensure compliance with police regulations and prevent any abuse of the privileges, exemptions, immunities and facilities provided for in this Agreement.

Article 7

Experts on Mission

1. Experts on mission for the purposes of the Office shall be granted the privileges and immunities specified in Annex VII to the Convention.

2. Experts on mission may be accorded such additional privileges, immunities and facilities as may be agreed upon between the WHO/EURO and Greece.

3. For the purposes of this Article "Experts on Mission" means "persons, other than officials and Persons performing services on behalf of the Organization, undertaking missions for WHO and coming within the scope of Annex VII, paragraph 2, of the Convention.

Article 8

Persons performing services for WHO/EURO

1. Persons performing services for WHO/EURO for the purposes of the Athens office shall:

a) be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity. Such immunity shall continue to be accorded after termination of their services for WHO/EURO;

b) be given, together with their spouses and relatives dependent on them, the same repatriation facilities in time of international crisis as officials of comparable rank of diplomatic missions.

2. For the purpose of enabling them to discharge their functions independently and efficiently, persons performing services for WHO/EURO may be accorded such other privileges, immunities and facilities as may be agreed upon between WHO/EURO and Greece.

3. For the purposes of this Article, "Persons performing services for WHO/EURO" means individual contractors, other than officials and Experts on Mission, who execute or assist in carrying out its programs or other related activities.

Article 9

Persons invited to meetings

1. Without prejudice to Articles 6, 7, and 8, any persons officially invited by WHO/EURO to attend meetings convened for the purposes of the Athens office shall be immune from legal process in respect of words spoken or written and all acts performed by them in their official capacity.

Article 10

Laissez-Passer

1. The competent Greek authorities shall recognize and accept the United Nations Laissez-Passer issued to Officials as a valid travel document equivalent to a passport.

2. Greece shall provide multiple entry visas of no less than one year duration to holders of the United Nations Laissez-Passer designated in writing by the Head of Office as requiring such a visa. Applications for visas from other holders of United Nations Laissez-Passer shall be dealt with as speedily as possible.

Article 11

Premises

1. Greece shall be responsible for the provision and costs of an appropriate building and office space, including maintenance and utility costs as provided herein, of a standard similar to that used in WHO/EURO for the duration of this Agreement. Greece shall be responsible for equipping the premises with furniture, fittings and equipment, including computer facilities and telecommunications equipment fully compliant with WHO/EURO standards, as revised when necessary by mutual agreement between Greece and WHO/EURO, and for covering all the costs thereof. Those costs are in addition to the amount of € 2,000,000 provided into Article 12.1 of this Agreement.

2. The WHO flag and emblem shall be used in accordance with the WHO Flag Code and Regulations, resolutions and policies.

3. Greece shall be responsible for the maintenance of the building, office space, furniture, equipment and all facilities, for the supply of stationery and office material and for covering all the cost thereof, and for covering the local costs such as cleaning services, security, electricity, water supplies, postal and telecommunication services and associated insurance costs. The Athens office shall be empowered to deal directly with contractors to

ensure maintenance and repair work is undertaken promptly, including ensuring that the computer and telecommunications systems are maintained at a level fully compliant with WHO/EURO standards, as per paragraph 1 of this Article.

4. If it is decided by Greece and WHO/EURO that the Athens office shall be relocated and/or expanded in terms of staff, the obligations of Greece set out in this Agreement shall continue in respect of the new location and/or staffing. In addition, Greece shall be responsible for all expenses associated with such relocation and/or expansion.

Article 12

Financing of the Athens office

1. Greece shall provide not less than € 2,000,000 for ten years annually to WHO/EURO to cover staffing (initially 13 staff members) and operational and programme costs necessary to implement the approved plan of the Athens office. This amount shall be re-negotiated every two years. Amounts shall be indexed to the WHO standard variations at the beginning of each WHO biennium.

2. All funds for staff and programme costs paid by Greece shall be transferred in Euros (€) through a WHO/EURO designated bank account or by cheque, together with the additional 13 % programme support costs, in accordance with World Health Organization Resolution WHA34.17 of May 1981. Payment procedures are described in detail in Annex

r ________„^

Euro vis-a-vis the United States dollar shall be compensated by Greece as shall inflation and statutory cost increases. An estimate of costs will be provided by WHO/EURO to Greece byl July of each year, on the basis of a budget WHO/EURO will prepare.

4. Greece shall deposit funds for a whole year's operation 3 months in advance, i.e. by 1 October each year.

5. The obligations of WHO/EURO under this agreement are contingent on continued prior receipt of the funds as stated above.

6. Greece will nominate an officer who shall be responsible for all liaison concerning matters related to the administrative and financial aspects for which Greece is responsible under this Agreement.

Article 13

Administration of the funds

I. In connection with the funds received for the staffing and operations of the Center, WHO/EURO shall:

a) Administer the funds in accordance with its financial and other regulations, rules and policies.

b) Maintain a separate account for the Athens office for the funds, showing all receipts and expenditures; and

c) Any interest accruing on the funds shall be calculated and credited in accordance with the financial regulations, rules and policies of WHO.

2. All financial records maintained in connection with the funds shall be expressed in United States dollars. Income and expenditure in other currencies shall be converted into United States dollars at the United Nations rate of exchange applicable on the date of such transactions.

3. Financial transactions relating to the funds shall be:

a) examined in a comprehensive internal control procedure based on the financial regulations, rules and policies applicable in WHO and currently in force, and subject to the internal audit of WHO; and

b) effected in strict accordance with the financial regulations, rules and policies of WHO currently in force.

4. The accounts kept by WHO/EURO are and shall continue to be subject to the scrutiny of the external auditors appointed by the World Health Assembly. The separate account for the funds forms an integral part of WHO's financial statements and as such is included in the audit opinion and report of the External Auditor of WHO to the World Heaith Assembly. The external audit is carried out in accordance with the Financial Regulations of WHO and the Additional Terms of Reference governing the External Audit of the WHO.

Article 14

Settlement of Disputes

1. 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 parties or, in the absence of agreement, with the Arbitration Rules of the United Nations Commission on International Trade Law in effect at the date of signature of this Agreement. The parties shall accept the arbitration award as final.

Article 15

Final Clauses

I. This Agreement shall enter into force on the date of the last notification by which the parties inform each other that their internal formalities for its entry into force have been completed.

Συμφωνία Υποδοχής μεταξύ της Κυβέρνησης της Ελληνικής Δημοκρατίας και

του Περιφερειακού Γραφείου για την Ευρώπη της Παγκόσμιας Οργάνωσης Υγείας για την ίδρυση του Γραφείου Υποστήριξης για την Πρόληψη και τον Έλεγχο των μη Μεταδιδόμενων Ασθενειών στην Αθήνα, Ελλάδα

Εισαγωγή

Η Κυβέρνηση της Ελληνικής Δημοκρατίας (εφεξής αναφερόμενη ως «Ελλάδα») και η Παγκόσμια Οργάνωση Υγείας, ενεργώντας μέσω του Περιφερειακού Γραφείου της για την Ευρώπη (εφεξής αναφερόμενο ως «WHO/EURO»), επιθυμώντας να βελτιώσουν τη συνεργασία τους, με στόχο την ενίσχυση του έργου για τις μη μεταδιδόμενες ασθένειες, συμφωνούν στα ακόλουθα σημεία: