er décembre 2017 portant approbation du "Agreement between the Grand Duchy of

N° 1029 du 6 décembre 2017

Loi du 1

er décembre 2017 portant approbation du "Agreement between the Grand Duchy of

Luxembourg and the Republic of Estonia on the hosting of data and information systems", signé à

Luxembourg, le 20 juin 2017.

Nous Henri, Grand-Duc de Luxembourg, Duc de Nassau,

Notre Conseil d'État entendu ;

De l’assentiment de la Chambre des Députés ;

Vu la décision de la Chambre des Députés du 14 novembre 2017 et celle du Conseil d'État du 21 novembre

2017 portant qu'il n'y a pas lieu à second vote ;

Avons ordonné et ordonnons

Est approuvé le "Agreement between the Grand Duchy of Luxembourg and the Republic of Estonia on the

hosting of data and information systems", signé à Luxembourg, le 20 juin 2017.

Mandons et ordonnons que la présente loi soit insérée au Journal officiel du Grand-Duché de Luxembourg

pour être exécutée et observée par tous ceux que la chose concerne.

Le Ministre des Affaires étrangères

et européennes,

Jean Asselborn

Château de Berg, le 1

er décembre 2017.

Henri

Doc. parl. 7185 ; sess. ord. 2016-2017 et 2017-2018.

JOURNAL OFFICIEL du Grand-Duché de Luxembourg

MÉMORIAL A - 1029 du 6 décembre 2017

AGREEMENT

between

the Grand Duchy of Luxembourg

and

the Republic of Estonia

on the hosting of data and information

systems

JOURNAL OFFICIEL du Grand-Duché de Luxembourg

MÉMORIAL A - 1029 du 6 décembre 2017

The Grand Duchy of Luxembourg and the Republic of Estonia, together referred to as “the Parties”,

HAVING REGARD to the Memorandum of Understanding (MoU) between the Ministry of Economic Affairs

and Communications of the Republic of Estonia and the Ministry of Media and Communications of the Grand

Duchy of Luxembourg, signed on the 14 of November 2016,

WHEREAS this Agreement is in the spirit of the Vienna Convention on Diplomatic Relations,

WHEREAS the Vienna Convention on Diplomatic Relations is not sufficient to set a legal framework for the

hosting of data and information systems,

WHEREAS this Agreement is concluded within the framework of the diplomatic relations between the Grand

Duchy of Luxembourg and the Republic of Estonia,

INTENDING to specify the means for effective cooperation between the Parties and support by the Parties

which are essential for the successful and effective operation of the premises hosting the Estonian data and

information systems,

WISHING to conclude an agreement governing the legal status of the premises hosting the Estonian data

and information systems, with the necessary guarantees of immunities and privileges on the basis of existing

international and national law,

HAVE AGREED as follows

Article 1

Definitions

For the purposes of this Agreement

(a) “the data centre” shall mean a facility used to host the data and information systems, the equipment and

licences and associated components, such as telecommunications and storage systems ;

(b) “the premises” shall mean a dedicated data centre space provided by the Grand Duchy of Luxembourg

and meant for the purpose of hosting Estonian data and information systems and equipment ;

(c) “the data and information systems” shall mean assets that are stored on the equipment by the Republic

of Estonia in the premises ;

(d) “the equipment and licences” shall mean the assets owned by the Republic of Estonia and used for the

storage of data and information systems which will be agreed upon by the competent authorities of the

Parties ;

(e) “the competent authorities” shall mean the “Centre des technologies de l’information de l’État (CTIE)”

for the Grand Duchy of Luxembourg and the Ministry of Economic Affairs and Communications for the

Republic of Estonia ;

(f) “force majeure” shall mean any unforeseeable situation or event beyond the control of the Parties that

was not attributable to error or negligence on their part, and which prevents them from fulfilling any or all

of their obligations under this Agreement and any regulation pertaining to it.

Article 2

Functioning of premises

(1) The premises shall be provided in full working condition for the purpose of hosting Estonian data and

information systems.

(2) The Grand Duchy of Luxembourg shall make available the premises to the Republic of Estonia for the

lease cost as set out in the conditions agreed upon by the competent authorities of the Parties.

JOURNAL OFFICIEL du Grand-Duché de Luxembourg

MÉMORIAL A - 1029 du 6 décembre 2017

(3) The Grand Duchy of Luxembourg shall provide access to the premises to the authorised representative

of the Republic of Estonia.

Article 3

Inviolability

(1) The premises shall be inviolable and thus exempt from search, requisition, attachment or execution.

(2) No official or person exercising any public authority, whether administrative, judicial, military or police

of Luxembourg shall enter the premises without the prior approval of the authorised representative of the

Republic of Estonia. Such approval shall be presumed in case of fire or other emergencies which require

immediate protective measures and could constitute a danger for safety.

Article 4

Protection of the premises

The Grand Duchy of Luxembourg shall take all appropriate measures to protect the premises against any

intrusion or damage within the territory of Luxembourg. The measures are considered appropriate if they

meet the same level of protection as the protection offered to the Grand Duchy of Luxembourg.

Article 5

Immunity

The equipment and licenses required to operate the data centre and put in place on the premises by the

Republic of Estonia shall be regarded as assets of the Republic of Estonia and shall enjoy immunity from

every form of legal process.

Article 6

Archives and communications

(1) All data and information systems stored by the Republic of Estonia in the premises shall be regarded as

archives of the Republic of Estonia.

(2) The archives of the premises shall be inviolable and thus exempt from search, requisition, attachment

or execution.

(3) The Grand Duchy of Luxembourg shall grant the premises the same treatment as granted to diplomatic

missions in respect of its official communications and the transmission of all its documents.

(4) The Republic of Estonia shall be entitled to use any code and encryption in its official communications, as

well as to dispatch and receive its official communications by diplomatic couriers authorised by the Republic

of Estonia and diplomatic correspondence.

(5) No communication of the premises shall be subject to censorship or may be subject to any restriction of

any kind, nor may its confidential nature be prejudiced. This protection extends in particular to data storage

devices (e.g. publications, magnetic tapes, optical disks, diskettes, still pictures and films and visual or sound

recordings).

(6) In case of force majeure leading to a total or partial interruption of communications, the premises shall

enjoy the same priority treatment as accorded to the diplomatic missions.

JOURNAL OFFICIEL du Grand-Duché de Luxembourg

MÉMORIAL A - 1029 du 6 décembre 2017

Article 7

Compatibility with international law

The premises must not be used in any manner incompatible with the purpose laid down in this Agreement

or by other rules of international law.

Article 8

Applicable law and settlement of disputes

(1) This Agreement shall be governed by and interpreted under international and European Union law

supplemented, where applicable, by the laws and regulations of the Grand Duchy of Luxembourg.

(2) Any dispute arising between the Parties resulting from the interpretation or application of this Agreement,

which is not settled by negotiation or other agreed mode of settlement, shall be referred for final decision to

an arbitral tribunal of three arbitrators, to be constituted for each individual case in the following way. Within

two months of the receipt of the request for arbitration, each Party shall appoint one member of the tribunal.

The two members so appointed shall then select a third arbitrator who is not a national of either Party. That

third arbitrator shall be the President of the tribunal.

(3) If within three months from the date of notification of the request for arbitration, the necessary

appointments have not been made, either Party may, in the absence of any other agreement, invite the

President of the International Court of Justice to make the necessary appointments. If the President is a

national of either Party, or if he or she is prevented from discharging the said function, the Vice-president

shall be invited to make the necessary appointments. If the Vice-president is a national of either Party or

if he or she too is prevented from discharging the said function, the member of the International Court of

Justice next in seniority who is not a national of Luxembourg nor of Estonia shall be invited to make the

necessary appointments.

(4) The decisions of the tribunal shall be final and binding. The tribunal shall adopt its own rules of procedure.

(5) The costs of the tribunal shall be shared equally between the Parties, unless the tribunal decides

otherwise.

Article 9

Amendments

This Agreement may be amended by mutual written agreement of the Parties. Each Party shall notify the

other as soon its constitutional requirements necessary for the entry into force of the amendments have been

completed. The amendments shall enter into force thirty days after the last such notification.

Article 10

Entry into force and termination

(1) This Agreement shall enter into force when the Parties have notified each other of the completion of the

respective constitutional requirements necessary for the entry into force of this Agreement. The Agreement

shall enter into force thirty days after the receipt of the last such notification.

(2) The Republic of Estonia shall notify the Grand Duchy of Luxembourg, through diplomatic channels, of

its authorised representative for the implementation of this Agreement and any subsequent amendments

thereto.

(3) Either Party may terminate this Agreement by means of a written notice to the other Party. Termination

shall take effect 24 months following the date of the notifications.

(4) After the termination of the Agreement the archives and the equipment and the licences of the Republic of

Estonia shall only be handed over to the authorised representative of the Republic of Estonia. If the authorised

representative of the Republic of Estonia is not possible to identify, the Grand Duchy of Luxembourg shall treat

the archives and the equipment and the licences of the Republic of Estonia with the same level of protection

JOURNAL OFFICIEL du Grand-Duché de Luxembourg

MÉMORIAL A - 1029 du 6 décembre 2017

as the archives of the Grand Duchy of Luxembourg and shall only hand them on to a legal representative

of the Republic of Estonia.

Done in duplicate, at Luxembourg, on the 20

th of June 2017 in the English language.

For the Grand Duchy of Luxembourg,

For the Republic of Estonia,

Xavier BETTEL

Prime Minister

of the Grand Duchy of Luxembourg

Jüri RATAS

Prime Minister

of the Republic of Estonia