19. člen MSASER

1. Sporazum začne veljati na dan prejema zadnjega od obeh uradnih obvestil, s katerima se vlada in agencija obvestita o dokončanju postopkov, potrebnih za začetek njegove veljavnosti. 2. Vlada in agencija lahko sporazum kadar koli odpovesta, tako da o tem štiriindvajset mesecev vnaprej pisno obvestita drugo pogodbenico. Sestavljeno v Ljubljani 26. novembra 2010 v dveh izvirnikih v slovenskem in angleškem jeziku, pri čemer sta obe besedili enako verodostojni. Za Vlado Republike Slovenije Samuel Žbogar l.r. Za Agencijo za sodelovanje energetskih regulatorjev Alberto Pototschnig l.r. The Government of the Republic of Slovenia, hereinafter referred to as “the Government”, and the Agency for the Cooperation of Energy Regulators, hereinafter referred to as “the Agency”; Having regard to Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 (OJ 14 August 2009, L 211/1) establishing an Agency for the Cooperation of Energy Regulators, hereinafter referred to as “the ACER Regulation”; Having regard to the Protocol on the Privileges and Immunities of the European Union, hereinafter referred to as “the Protocol”; Having regard to the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities and the rules adopted jointly by the Union’s institutions for the purpose of the application of the Staff Regulations and Conditions of Employment; Whereas: 1. Decision 2009/913/EU of the Representatives of the Governments of the Member States in the European Council of 7 December 2009 (OJ 9 December 2009, L 322/39) provides that the Agency for the Cooperation of Energy Regulators shall have its Seat in Ljubljana, Slovenia; 2. Article 27 of the ACER Regulation specifies that the Protocol shall apply to the Agency; 3. Article 28 of the ACER Regulation specifies that the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities and the rules adopted jointly by the Union’s institutions for the purpose of the application of those Staff Regulations and Conditions of Employment shall be applicable to the staff of the Agency, including its Director; 4. Further provisions are needed for the implementation of certain Articles of the Protocol and for additional matters to render the Agency fully operational; Have agreed as follows: 1. For the purposes of this Agreement and the application of the Protocol between the Agency and the Government, the following definitions shall apply: (a) All references to the Union in the Protocol shall be read as references to the Agency; (b) All references to the officials and other servants of the Union in the Protocol, Staff Regulations of Officials of the European Communities, Conditions of Employment of Other Servants of the European Communities and the rules adopted jointly by the Union’s institutions for the purpose of the application of the Staff Regulations and Conditions of Employment shall be read as references to officials and other servants of the Agency; (c) With the exceptions of Articles 6, 12, 14, and 15 of the Protocol, references to the Council and the Commission shall be read as references to the Director as legal representative of the Agency; (d) Staff of the Agency means any person recruited by the Agency in conformity with the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities, with the exception of local staff; (e) Seconded national experts shall mean persons seconded to the Agency by the participating Member States according to Article 28(4) of the ACER Regulation; (f) Senior officials consist of the Director and the first line of management (Heads of unit reporting directly to the Director); (g) Family members of the staff of the Agency shall mean: the spouse of the person concerned, the cohabiting partner sharing the same household if extramarital union is recognised in the country of which they are nationals or in any country of the European Union; children up to the age of 18; children up to the age of 26 if documents attesting regular schooling are submitted; and children for which the parental right was extended. 2. For the purposes of this Agreement, the Seat of the Agency shall be understood as the buildings, installations and land used by the Agency in Ljubljana for its official business including, in particular, the office premises, buildings, and its archives. The Agency is a body of the European Union and has legal personality in accordance with Article 2 of the ACER Regulation. The Seat of the Agency, including its premises, buildings and archives, shall be inviolable in accordance with Articles 1 and 2 of the Protocol except, insofar as in any particular case, the Agency has expressly waived this inviolability. 1. The Agency may install and use its own information communication technology systems. These systems should be adequate to ensure the protection and confidentiality of personal data in accordance with European Union law. 2. The Government shall take the necessary measures in order to facilitate the installation and use of such systems. 3. The Government shall concede to the Agency the same privileges of communication as recognised for diplomatic representations in the Republic of Slovenia. 1. The Agency shall be responsible for the security and the maintenance of order at its Seat. It shall also be responsible for compliance with the Union law and the applicable Slovenian laws, subject to the Protocol and this Agreement. 2. For the purpose of exercising the responsibility incumbent upon it by virtue of paragraph 1, the Agency shall take all measures it deems necessary and shall issue internal rules which are binding on all staff working at the Agency and all visitors. It may withhold access to its Seat from persons considered undesirable and have them removed in line with Article 6. 3. The carrying and use of firearms or other security equipment at the Seat shall be subject to Slovenian law. 1. The competent Slovenian authorities shall exercise due diligence in ensuring that the tranquillity of the Seat is not disturbed by any person or group of persons attempting unauthorised entry into or creating disturbances in the immediate vicinity of the Seat of the Agency. 2. The Agency and the competent Slovenian authorities shall closely cooperate as regards the interrelation of effective security both within the Seat of the Agency and in its immediate vicinity. 3. Persons empowered by Slovenian law to maintain public security and order may enter the Seat only at the request or upon explicit authorisation of the Agency whose staff shall, in such cases, provide them with the assistance required. The Agency shall be presumed to consent to granting access in the event of a fire or other emergency warranting immediate measures of protection. 4. The Agency, in the preparation of its internal security rules and procedures, shall consult with the relevant Slovenian authorities with a view to achieving the most effective exercise of security measures. 5. The Agency and the Slovenian authorities shall notify one another of all matters relating to the security of the Seat of the Agency. They shall, in particular, notify each other of the name and status of any authority responsible for security matters. Where appropriate, they may create formalised co-ordination arrangements for this purpose. 1. The Agency shall be exempt from all direct taxes in respect of its premises. 2. The Agency shall be exempt from all indirect taxes on the supply of goods and services provided to the Agency for official use, except if they correspond to charges for public utility services. 3. The Agency shall be exempt from any duties and import restrictions on vehicles (and on spare parts thereof) imported to the Republic of Slovenia and intended for official use of the Agency. 4. The exemption from the payment of indirect taxes shall be applied by way of direct exemption or by way of refund of the tax paid in accordance with the procedure as set out in national legislation on the exemption from indirect taxes for official use of international organisations. 1. In accordance with the provisions of Articles 11 to 15 and 17 of the Protocol and in addition to the privileges and immunities granted therein, the staff of the Agency shall, in particular, enjoy the privileges and immunities set out hereunder. 2. The staff of the Agency shall be exempt from national taxes on salaries, wages and emoluments paid by the Agency in accordance with Article 12 of the Protocol. 3. The Government shall guarantee the staff of the Agency immunity from Slovenian jurisdiction as regards acts carried out in their official capacity, including their spoken and written statements, in the conditions provided for in Article 11(a) of the Protocol. The staff shall enjoy immunity even after the termination of their functions. 4. During the discharge of their functions and six months after the termination of their functions at the Agency, the staff of the Agency and their family members shall be exempt from the requirement of obtaining a residence permit if they are citizens of countries that are not members of the European Economic Area, or a document attesting the residence registration if they are citizens of countries that are members of the European Economic Area. 5. The staff of the Agency shall be entitled, at the time of first taking up their post in the Agency, to import personal effects from their last country of residence or from the country of which they are nationals, free of any customs duty or taxes. Exemption from customs duty or tax may be claimed for property that staff of the Agency had used or owned for at least six months prior to relocation. Personal effects imported without any duties paid shall not be subject to alienation, used by others or used for purposes different from those for which the customs duty and tax were originally exempted, unless a period of one year has elapsed from the date of import, or until the customs duty and tax are paid. 6. The staff of the Agency, provided they are appointed to an established post of the Agency for a period of one year or more and that they are not Slovenian nationals or they have not held permanent resident status in the Republic of Slovenia, shall be entitled to VAT exemption for purchasing personal and household effects, whereby the VAT inclusive price of each item exceeds EUR 116, when they first take up their post at the Agency and for a period of one year starting from the date of their appointment by the Agency. 7. Apart from the privileges and immunities under the preceding paragraphs of this Article, the Director of the Agency and his/her family members, provided they are not Slovenian nationals or they have not held permanent resident status in the Republic of Slovenia before the Director being employed by the Agency, shall be granted the privileges and immunities, exemptions and facilities accorded to the heads of diplomatic missions and members of their families in accordance with the Vienna Convention on Diplomatic Relations of 18 April 1961. Other senior officials of the Agency and their family members, provided they are not Slovenian nationals or that they have not held permanent residency status in the Republic of Slovenia before their employment by the Agency, shall be accorded privileges and immunities, facilities and concessions accorded by the Government to members of equivalent rank in the diplomatic missions in the Republic of Slovenia. 8. As to experts or other persons invited by the Agency, the Slovenian authorities shall take every necessary measure to facilitate their entry into, residence in and departure from the Republic of Slovenia. Should visas, residence permits or residence registration certificates be required, applications shall be processed without delay, applications and decisions shall be exempt from fees, and forms shall be provided free of charge. 9. Provisions in paragraphs 2 to 5 hereof shall also apply to seconded national experts. Provisions in paragraphs 3 and 9 hereof shall also apply to members of the Administrative Board, the Board of Regulators and the Board of Appeal. 1. The privileges and immunities under this Agreement shall be granted in the interest of the Agency and aimed solely at guaranteeing hindrance-free functioning of the Agency and the independence of the people who benefit from it. The Agency shall therefore waive, in justified cases, including in particular judicial criminal proceedings, the immunity accorded to staff and the seconded national experts wherever it considers that the waiver of such immunity is not contrary to the interests of the European Union. 2. Without prejudice to the privileges and immunities granted in accordance with the Protocol and this Agreement, the staff of the Agency shall abide by the laws and regulations of the Republic of Slovenia. The Agency shall notify the Ministry of Foreign Affairs of the Republic of Slovenia when a member of staff of the Agency or a seconded national expert takes up or relinquishes his/her duties. Each year, the Agency shall send a list of names and addresses of all staff members to the Ministry of Foreign Affairs of the Republic of Slovenia. 1. The Ministry of Foreign Affairs of the Republic of Slovenia shall issue identity cards to the staff of the Agency, seconded national experts and their family members at their request. 2. The provisions hereof shall not apply to Slovenian citizens working at the Agency and to aliens who permanently reside in the Republic of Slovenia or have resided there on the basis of a temporary residence permit or a residence registration certificate for five years prior to taking up their duties at the Agency. 1. The Agency, its Director and staff shall be exempted from all compulsory contributions to social security schemes in the Republic of Slovenia provided that they have social security coverage according to the Regulations and Rules applicable to officials and other servants of the European Union or are covered by the EU rules on the coordination of social security systems or other bilateral agreements on social insurance concluded between the Republic of Slovenia and third countries. 2. Seconded national experts shall be exempt from all compulsory contributions to social security schemes in the Republic of Slovenia as long as they are covered by the social security schemes of their native Member State. 1. The Government shall do its utmost to find, jointly with the Agency, the best possible solution for the schooling of children of the Agency’s staff. 2. In particular, the Government undertakes to establish a European School within the public school network in the Republic of Slovenia, in accordance with the Convention defining the Statute of the European Schools and with the programmes of European schools. 3. In the transitional period between September 2011 and the establishment of a European School in the Republic of Slovenia, schooling shall be provided by the existing international schools, either within or outside the public school network. At the level of secondary education, schooling shall be provided according to the International Baccalaureate Programme in English and French, provided that there is sufficient number of students. The Government shall follow the situation concerning transport connections with a view to improving air connections between Ljubljana and the main European airports to ensure the most favourable transport connections to the staff of the Agency and to participants of meetings organised by the Agency. 1. The Government shall provide full institutional support for the work of the Agency. 2. In order to allow the Agency sufficient time to select appropriate permanent premises for a period of two years since the Agency starts operating in Ljubljana, the Government shall make available to the Agency temporary premises which, in the sole discretion of the Agency, are adequate for hosting the Agency’s staff and archives. During this period, rental costs related to the temporary premises, including all service charges, shall be borne by the Government. The temporary premises shall be made available for the Agency's use from 1 February 2011 to 31 January 2013. The Government shall notify the Agency of the signed rental contract, as well as of the conditions and obligations arising therefrom. 3. The Government shall support the Agency in its endeavours to find appropriate permanent office premises in Ljubljana. Should the Agency decide to leave the selected premises at a later stage, the Government shall again assist the Agency in finding new appropriate office premises. The Government shall assist the Agency in negotiations with a potential landlord by providing the required knowledge of the local real estate market in Ljubljana. Should serious problems arise during the term of rental/lease, the Government shall do its best to support the Agency by providing expertise and assistance during litigation. 4. At the request of the Agency, the Government shall supervise the construction and functional adjustments required to make the premises in Ljubljana operational according to the requirements submitted by the Agency prior to signing the rental contract. Such adjustments include, in particular, the construction of inner walls and construction works for equipping the offices with information communication equipment (IT and ICT) as well as the installation of adequate security equipment. 5. On behalf and for the account of the Agency, the Government shall carry out any required local procurement procedures for the purchase of office equipment including, in particular, the communication infrastructure (IT and ICT equipment), office furniture and potential contracts with external service and/or security personnel on the basis of technical requirements, specifications and plans provided by the Agency, and on a submitted authorisation and statement by the Agency that it shall provide the funds. If this procurement cannot be finalised in time before 3 March 2011, the Government shall assist the Agency by temporarily providing any missing office furniture or security and other services at mutually agreed prices. Subject to the proposal of the Government or the Agency, their representatives shall meet annually or whenever necessary to assess the implementation of the Agreement. All disputes between the Agency and the Government relating to the application of this Agreement shall be settled amicably through direct negotiations. In the event of failure to settle a dispute amicably, the dispute shall be referred, at the request of the Agency or the Government, to the Court of Justice of the European Union after having given the other party two months’ notice in advance of its intention of referring the matter to the said Court of Justice. Any amendments to this Agreement may be agreed upon by the mutual consent of the Government and the Agency. The amendments shall take effect on the basis of Article 19, paragraph 1, of the present Agreement. 1. This Agreement shall enter into force on the date of the receipt of the second notification by which the Government and the Agency inform each other of the completion of the procedures required for its entry into force. 2. The Government and the Agency may terminate this Agreement at any time by giving twenty-four months notice in writing. Done in Ljubljana on 26 November 2010 in two originals, each in the Slovenian and English languages, both texts being equally authentic. For the Government of the Republic of Slovenia Samuel Žbogar (s) For the Agency for the Cooperation of Energy Regulators Alberto Pototschnig (s)