BWBV0007176
Artikel 7
Verdrag tussen de regering van het Koninkrijk der Nederlanden en de regering van het Hasjemitisch Koninkrijk Jordanië inzake de status van personeel van hun Ministeries van Defensie aanwezig op elkaars grondgebied in het kader van defensiesamenwerking
1. The Parties waive any claims against each other for damage to or loss of government property used by their Personnel and for injury (including injury resulting in death) suffered by their Personnel, arising out of official duties.
2. Paragraph 1 of this article is not applicable if damage to or loss of government property or injury suffered by the Personnel mentioned in that paragraph has been the result of gross negligence or wilful misconduct. The competent authorities of the Parties shall mutually decide whether there is gross negligence or wilful misconduct. In that case, they shall also decide about the costs related to the settlement of claims.
3. In as far as the Military Activities concern training (including education) and/or exercises:
a) Third-party claims (other than contractual claims) for any loss, damage or injury caused by the Personnel of the Sending State in the execution of its official duties in light of this Agreement, shall be settled by the Receiving State on behalf of the Sending State in accordance with the laws and regulations of the Receiving State. The competent authorities of the Parties shall jointly decide about the attribution of the damage and consequent settlement of any such claim. Costs related to the settlement of any such claim shall be reimbursed by the Sending State.
b) Third-party claims (other than contractual claims) for any loss, damage or injury caused by Personnel of both States in the execution of their official duties in light of this Agreement, shall be settled by the Receiving State, also on behalf of the Sending State, in accordance with the laws and regulations of the Receiving State. The competent authorities of the Parties shall jointly decide about the attribution of the damage and consequent settlement of any such claim. When the damage is equally attributable to both Parties, or when it is not possible to attribute the extent of their respective share of responsibility, the amount awarded or adjudicated shall be distributed equally between the Parties. Costs related to the settlement of any such claim shall be reimbursed by the Sending State according to its share of the amount of compensation.
c) The competent authorities of the Receiving State shall consult the competent authorities of the Sending State prior to any settlement of third-party claims as referred to in paragraph 3(a) and/or paragraph 3(b).
4. In as far as it concerns other Military Activities than those referred to in paragraph 3, the competent authorities of the Parties shall afford adequate opportunity of consultation in spirit of goodwill in case of third-party claims (other than contractual claims) for any loss, damage or injury caused by the Personnel of the Sending State in the execution of its official duties in light of this Agreement.
5. Third-party claims (other than contractual claims) for any loss, damage or injury caused by the Personnel of the Sending State outside of the execution of its official duties in light of Military Activities under this Agreement, shall be settled as follows:
a) The Receiving State shall consider the claim expeditiously and assess compensation to the claimant in a fair and just manner, and shall prepare a report on the matter, which will also reflect any remarks which are provided by the Sending State;
b) The report shall expeditiously be delivered to the authorities of the Sending State, who shall then decide whether an ex gratia payment will be offered, and if so, of which amount;
c) If an offer of ex gratia payment is made, and accepted by the claimant, the authorities of the Sending State shall make the payment themselves and inform the Receiving State of its decision.
6. The Sending State and its Personnel shall not be subject to the jurisdiction of the Receiving State in any suits filed for losses, damages or injuries caused during or as a consequence of the execution of Military Activities.
7. The Parties undertake to fully and expeditiously cooperate with each other with regard to the terms of this Article.
2. Paragraph 1 of this article is not applicable if damage to or loss of government property or injury suffered by the Personnel mentioned in that paragraph has been the result of gross negligence or wilful misconduct. The competent authorities of the Parties shall mutually decide whether there is gross negligence or wilful misconduct. In that case, they shall also decide about the costs related to the settlement of claims.
3. In as far as the Military Activities concern training (including education) and/or exercises:
a) Third-party claims (other than contractual claims) for any loss, damage or injury caused by the Personnel of the Sending State in the execution of its official duties in light of this Agreement, shall be settled by the Receiving State on behalf of the Sending State in accordance with the laws and regulations of the Receiving State. The competent authorities of the Parties shall jointly decide about the attribution of the damage and consequent settlement of any such claim. Costs related to the settlement of any such claim shall be reimbursed by the Sending State.
b) Third-party claims (other than contractual claims) for any loss, damage or injury caused by Personnel of both States in the execution of their official duties in light of this Agreement, shall be settled by the Receiving State, also on behalf of the Sending State, in accordance with the laws and regulations of the Receiving State. The competent authorities of the Parties shall jointly decide about the attribution of the damage and consequent settlement of any such claim. When the damage is equally attributable to both Parties, or when it is not possible to attribute the extent of their respective share of responsibility, the amount awarded or adjudicated shall be distributed equally between the Parties. Costs related to the settlement of any such claim shall be reimbursed by the Sending State according to its share of the amount of compensation.
c) The competent authorities of the Receiving State shall consult the competent authorities of the Sending State prior to any settlement of third-party claims as referred to in paragraph 3(a) and/or paragraph 3(b).
4. In as far as it concerns other Military Activities than those referred to in paragraph 3, the competent authorities of the Parties shall afford adequate opportunity of consultation in spirit of goodwill in case of third-party claims (other than contractual claims) for any loss, damage or injury caused by the Personnel of the Sending State in the execution of its official duties in light of this Agreement.
5. Third-party claims (other than contractual claims) for any loss, damage or injury caused by the Personnel of the Sending State outside of the execution of its official duties in light of Military Activities under this Agreement, shall be settled as follows:
a) The Receiving State shall consider the claim expeditiously and assess compensation to the claimant in a fair and just manner, and shall prepare a report on the matter, which will also reflect any remarks which are provided by the Sending State;
b) The report shall expeditiously be delivered to the authorities of the Sending State, who shall then decide whether an ex gratia payment will be offered, and if so, of which amount;
c) If an offer of ex gratia payment is made, and accepted by the claimant, the authorities of the Sending State shall make the payment themselves and inform the Receiving State of its decision.
6. The Sending State and its Personnel shall not be subject to the jurisdiction of the Receiving State in any suits filed for losses, damages or injuries caused during or as a consequence of the execution of Military Activities.
7. The Parties undertake to fully and expeditiously cooperate with each other with regard to the terms of this Article.
- Citeren als
- Art. 7
- Status
- Geldend recht
- Identificatie
- BWBV0007176
- Officiële bron
- wetten.overheid.nl