207/1997 Coll. Ministry of Foreign Affairs Ministry of Foreign Affairs informs that on 12 March and 12 July 1996, in Prague and Brussels signed the Framework Agreement between the Government of the Czech Republic and the European Commission on the Czech Republic's aid program of the European Community. The Agreement approved by the Parliament of the Czech Republic and President of the Republic ratified. On 24 July and 6 August 1997 were exchanged letters concerning the interpretation of Articles 12 and 14 of the Agreement. Agreement Pursuant to Article 7 entered into force on August 6, 1997. On this day lapse in relations between the Czech Republic and the European Commission Framework Agreement between the Czech and Slovak Federal Republic and the Commission of the European Communities of 7 December 1990. The Czech translation of the Agreement and Letters will open simultaneously. Framework Agreement between the Government of the Czech Republic and the European Commission on the Czech Republic's aid program of the European Community, the Czech government, acting on behalf of the Czech Republic (Czech Republic) on the one hand, and the European Commission (Commission), acting for the European Community (hereinafter referred to as the Community), and his name on the other hand, hereinafter referred to as the "Parties", while according to the European Community Regulation no. 3906/89 of 18 December 1989 as amended by Regulation no. 1366/95 of 12 June 1995 (the Regulations), the Czech Republic is entitled to be the recipient of Community assistance programs PHARE, by creating the technical, legal and administrative framework to implement the measures financed in the Czech Republic by the Community assistance programs, have agreed as follows: Article 1. To enhance cooperation between the Parties and to encourage the process of economic and social reforms and development in the Czech Republic, the Parties agreed to introduce measures in the field of financial and technical and other forms of cooperation established by that Regulation. These measures will be financed and implemented in the technical, legal and administrative framework defined by this Agreement. The specific details of each MEASURE (or set of MEASURES) shall be set out in a memorandum adopted by both Parties (hereinafter the Financial Memorandum), which appears in Appendix C. The Czech Republic will take all necessary measures in the interest of the proper implementation of all measures. Article 2 Any measure funded under this Agreement will be implemented in accordance with the General Conditions set out in Appendix A, which is considered an integral part of each Financing Memorandum. Where necessary, the implementation measures of financial memorandum amend or supplement the General Conditions. Article 3 In matters relating to actions funded under this Agreement, the Commission will represent the Czech Republic in Prague Delegature, which will be named COMMISSION ensure implementation, in accordance with the applicable financial and technical methodology. Article 4. With the consent of both Parties, the Commission may delegate responsibility for the implementation of measures in whole or in part, to a third party, state or trustee. In this case must be between the Commission and third parties, the state or the trustee signed the agreement setting out the terms and conditions of this delegation. This agreement to be valid, requires the prior approval of the Government of the Czech Republic. Article 5 Any dispute relating to this Agreement, which can be held by negotiation shall be settled by arbitration according to Annex B. Article 6. This Agreement is made in English in two original copies. Article 7. This Agreement shall enter into force and replace the Framework Agreement concluded with the Czech and Slovak Federal Republic on the date on which the Parties will inform each other of its approval in accordance with existing laws and regulations or internal procedures of each Party. This Agreement is valid for an indefinite period unless terminated by written notice to one of the Contracting Parties to the other Party. Upon termination of this Agreement, all worked MEASURES completed in accordance with the terms of the relevant Financing Memorandum, and here these General Terms and Conditions. Article 8 The provisions of this Agreement shall also apply to technical cooperation and other activities agreed between the Parties, which by their nature do not fall under a specific memorandum financed under the program PHARE aid at the request of the Government of the Czech Republic. The provisions of this Agreement shall also apply to measures initially agreed with Czechoslovakia, which was divided between the successor States and confirmed by the "supplement" or was the subject of a Financing Memorandum concluded between the parties. Supplements are considered to be an integral part of this Agreement. Prague, 12 March 1996 Brussels, 12 July 1996 For the Government of the Czech Republic Karel Dyba vr For the Community: Hans van den Broek vr APPENDIX A GENERAL CONDITIONS FOR FINANCIAL MEMORANDUM In these General Terms and Conditions "beneficiary" means the Czech government Republic. CHAPTER I FINANCING OF PROJECTS Article 1 Commitment to Communities Commitment to Communities (hereinafter referred to as Grant EC), the volume of which is set out in the Financial Memorandum sets out the framework within which they will be implemented commitments and payments through duly approved contracts and budgets. All expenditures in excess of EC Grant shall be borne by the recipient. Article 2 The validity of the EC grants Where the implementation measures depends on the fulfillment of financial obligations from its own reserves beneficiary or other source of funds, the EC will grant available only when they comply with the Financial Memorandum available financial commitments RECIPIENT, respectively. Other resource funds. Article 3 Reimbursement Under the terms of the Financing Memorandum are valid only contracts concluded before the expiry of the Financing Memorandum. Reimbursement on the basis of these contracts can be made not later than 12 months after expiry of the Financing Memorandum. Any exceptional extension of this 12-month period must be approved by the Commission. Applications for funding submitted by the beneficiaries delegature COMMISSION as a work program in accordance with the schedule set out by the Financial Memorandum and within the EC Grant. If so, ask the Commission must be in support of an application for funding submitted evidence documentation related to the payments made in connection with the measure. Certain contracts included in a measure, contained therein, however, may allow direct payments to contractors COMMISSION. Each contract must determine the frequency and timing of such payments, as well as the submission of documentary evidence. As regards the part of the program implemented by the beneficiary no later than nine months before the expiry date of the Financing Memorandum submit implementing authority to the Commission for approval to the Work Programme inter alia, the contracts still to be concluded to implement the program. The work program should include proposals for the utilization of net interest on bank accounts opened in the implementation of the program, provided that all EC Grant has been previously passed. If the financial memorandum stipulates otherwise, the first installment provided by the recipient in order to facilitate the start of the actions implemented on the basis of budgets prepared exceed 20% of the budget approved by the Commission. Other payments will be made at the request of the beneficiary under the same conditions as those set out in paragraph 2 above. CHAPTER II PROCUREMENT Article 4 General provisions Procedure, which applies to contracting works, supply of goods and contracts for technical cooperation, establishes the Financing Memorandum, subject to the following principles. Article 5 Conditions of participation 1. Except as provided in Article 6 of beneficiaries and the Commission shall take the necessary measures to ensure equal conditions for participation in contracts, in particular by failing to timely disclose information about the selection process. Such publication shall be carried out within the Community in the Official Gazette of the European Communities, and the beneficiary country in the relevant official gazette. 2. General contractual terms will be developed in accordance with internationally used designs such as the General rules and conditions for signing contracts for the supply of goods and services funded by the PHARE program. Article 6 Deviations from standard procedures in cases where it requires urgency or where to entitle the nature, minor importance or particular features specific measure (eg operations financed in two phases, multistage operations, special technical conditions, the exceptional importance of measures to the process of integrating the beneficiary within COMMUNITY etc.) or related contracts, the beneficiary may, after consultation with the Commission exceptionally approved: - the choice of the Parties to the results of a limited tender - contracting agreement without a call for tenders and - the implementation of contracts by state authorities dealing with public contracts. These derogations must be established in the Financing Memorandum. Article 7 Allocation of contracts for the supply of labor and goods beneficiary and the Commission shall ensure that for each action chosen the most economically advantageous tender, particularly as regards professional qualifications of tenderers, the guarantees provided by tenderers, costs of services and their quality, nature of work and the conditions under which they are implemented, the cost of their use and their technical value. Results of the tender will be published in the Official Gazette of the European Communities. Also, the recipient can these results be published in the relevant official gazette. Article 8 of the technical cooperation 1. The Agreement on technical cooperation, which may take the form of contracts for studies, supervising the works or technical assistance contracts will be concluded after direct negotiation with the consultant, or if this is justified on technical, economic or Financial reasons why the tender. 2nd Contracts are drafted, negotiated and concluded either by the beneficiary, or the Commission, depending on how determined Financing Memorandum. 3. If contracts to design, negotiate and conclude RECIPIENT, the Commission shall submit a list of one or more candidates according to criteria that guarantee their qualification, experience and independence, and taking into account their availability for the project. 4. If to be used procedure of direct negotiations and the Commission will propose several candidates, the recipient of the candidates offered free to choose the one he intends to conclude a contract. 5. If used method tender procedure, the contract will be concluded with the participant whose bid beneficiary and the Commission deem it economically advantageous. CHAPTER III PROVISION OF CONDITIONS Article 9 General privileges Individuals who participate in the implementation of Community-funded measures and their closest relatives can enjoy at least those benefits, privileges and exemptions which are normally awarded to other foreigners employed in the beneficiary country under any other bilateral or multilateral agreements or arrangements on economic aid and technical cooperation programs. From the provisions of this Article does not mean that people who participate in the implementation of Community-funded measures, they are entitled to grant diplomatic status. Article 10 Effect of entry and residence in the case of contracts for works, supplies or services will be natural and legal persons entitled to participate in a tender right on the short term and for short stays in the recipient country, if required by the importance of the contract. This authorization will enter into force following an invitation to tender and covers the technical personnel who are required to develop preliminary studies for the tender offer. This right shall expire one month after the contractor. RECIPIENT enable persons who participate in the execution of contracts for the supply of works, goods or services financed by the Community, as well as their next of kin entry into the State of recipients stay in this country to work in this country and leave it, depending on how the nature of the contract requires . Article 11 The import and re-export of equipment RECIPIENT grant permission for the import of professional equipment necessary to implement measures in accordance with existing laws, rules and regulations of the recipient. RECIPIENT further grant natural and legal persons who participated or participate in the implementation of contracts for the supply of goods, services and work permits required to re-export the said equipment. Article 12 Imports and exchange regulations for implementing measures, the beneficiaries undertake to grant import licenses and consent to the acquisition of foreign exchange and without discrimination to apply their foreign exchange regulations in member countries of the European Community in Albania, Bulgaria, the Czech Republic, Estonia, Croatia, Latvia, Lithuania, Hungary, Poland, Romania, Slovakia and Slovenia. RECIPIENT shall grant the permits required to export funds received in connection with the implementation of measures in accordance with the existing foreign exchange regulations in the recipient country. Article 13 Taxes and duties 1. Taxes, duties and import fees may be funded by grants from the EC. 2. Imports made on the basis of supply contracts concluded with the beneficiary authorities and funded by a grant from the EC may be entering the country burdened with duties, import duties, taxes or charges having equivalent effect. RECIPIENT will ensure that the subject imports were freed from the point of entry to the needs of supply contractor as required by the provisions of the contract, and that they are ready for immediate use, necessary for normal implementation of the contract, regardless of the delays and disputes over the settlement of the above mentioned duties, taxes or benefits. 3. Contracts for the supply of goods or services provided by Czech or foreign firms, funded by grants from the EC, should not be burdened RECIPIENT state value-added taxes, the payment of revenue stamps or registration fees or financial charges having equivalent effect, regardless of whether such charges already exist or are to be introduced. 4. Physical and legal persons of the member countries of the European Community, including foreign workers participating in the implementation of agreements on technical cooperation funded by a grant from the EC, the recipient country will be exempt from income tax and legal persons in respect of income derived from the funds of the European Community to implement these agreements. 5. The object of personal and household effects imported for personal use by natural persons (and their closest relatives), in addition to domestic individuals hired on the spot, which will carry out the tasks specified in agreements on technical cooperation, will be exempt from customs duties, import taxes and other financial charges having equivalent effect, with that said personal effects and household goods are re-exported or settled in the recipient country according to the laws in force in the recipient country after the expiry of the contract. 6. The natural and legal persons importing professional equipment according to Article 11, if requested, will enjoy this device for the benefits of temporary importation procedures in accordance with existing laws in the recipient country. 7th Gratuitous property acquisition under the PHARE program is not subject to gift tax. Property for these purposes means movable and immovable, cash, other assets and property benefit. CHAPTER IV IMPLEMENTATION OF CONTRACTS Article 14 The origin of goods RECIPIENT agrees that, unless it states otherwise, the materials and products needed to implement contracts originate in the Community, Albania, Bulgaria, the Czech Republic, Estonia, Croatia, Latvia, Lithuania, Hungary, Poland, Romania, Slovakia and Slovenia. Article 15 Methods of payment 1. For contracts funded by a grant from the EC tenders must be quoted in tenders and payments made either in European currency units (ECU), or in accordance with the foreign exchange regulations of the country in the currency RECIPIENT RECIPIENT or in the currency of the country in which tenderer has its headquarters, or in the country of origin of supplies. 2. If the tender offer mentioned in the ECU, the corresponding payments are made in the currency specified in the contract based on the exchange rate ECU for that currency on the day preceding payment. Beneficiary and the Commission shall take all necessary measures to ensure that payments are implemented as soon as possible. CHAPTER V COOPERATION BETWEEN THE BENEFICIARY AND THE COMMISSION Article 16 Inspection and audit 1. The Commission is authorized to send its own representative or a final trustee to carry out technical or financial controls or audits that it deems necessary to monitor the implementation of measures. However, the Commission shall inform the beneficiary before the implementation of such controls. RECIPIENT will provide all required information and written materials, and take all necessary measures to facilitate the work of persons responsible for carrying out audits or inspections. 2. THE BENEFICIARY a) maintain records and accounts so that it is possible to identify the supply of labor, goods and services financed under the financing memorandum in accordance with sound accounting practices and b) ensure that the above representatives or agents COMMISSION had the right to inspect all relevant documentation and accounts which relate to items financed under the financing memorandum. It will also help the European Court of Auditors to carry out audits on the use of grants EC. The Commission is also authorized to conduct ex post evaluation and a final audit MEASURES MEASURE. Ex-post evaluation provides peace achievement of goals and objectives, measures as well as their impact on the development and restructuring of the sector. When the final audit reviewed the local financial data relating to the measure, which provides an independent opinion on the reliability and consistency contracts and payments as well as their compliance with the provisions of the Financial Memorandum. Audit provides balance nekontrahovaných, respectively. outstanding amounts to be reimbursed by the Commission. Article 17 Monitoring the implementation of measures when monitoring the implementation of measures, the Commission may request any explanation and, if necessary, may agree with the beneficiaries on the new focus of the measures which they believe will be most appropriate to achieve the objectives pursued. RECIPIENT in the course of implementation of measures and after the report to the Commission in accordance with the timetable set out in the Financial Memorandum. On the basis of reports and, where appropriate based on the ex post evaluation, the Commission shall proceed to the official termination of the measures and will be the recipient of the official end MEASURES informed. CHAPTER VI GENERAL AND FINAL PROVISIONS Article 18 Meeting - Disputes 1. Any question regarding the implementation or interpretation of the financing memorandum or these Terms and Conditions will be subject to negotiations between the beneficiary and the Commission, if necessary, will lead to a change in the financing memorandum. 2. Where a recipient is unable to meet its obligations set out by the Financial Memorandum and these General Terms and its commitment was not subject to timely remedial action, the Commission may, after negotiations with the beneficiaries repeal the measures. 3. Beneficiaries may partially or totally cancel the implementation of measures. Contracting Parties shall provide the details of such revocation in the form of an exchange of letters. Article 19 Notification - Addresses Any notice and agreement between the Parties under this Agreement shall be in writing and shall refer explicitly to the number and title of the measure. Such notices or agreements shall be stated in a letter to the party entitled to the receipt of this letter to the address that the party notified. In case of emergency to be admitted sending communication by fax, telegram or telex to the legal presumption of a valid receipt, unless such notification immediately confirmed by letter. The addresses are listed in the Financial Memorandum. APPENDIX B ARBITRATION Any dispute between the Parties under the Framework Agreement or the Financing Memorandum, which is not resolved by the procedures set out in Article 18 of the General Conditions relating to Financing Memorandum will be submitted to the decision of the Arbitration Commission in accordance with the following provisions. Parties to this arbitration will RECIPIENT on the one side and THE COMMISSION on the other. The arbitration committee will consist of three arbitrators appointed as follows: - one arbitrator shall be appointed by the beneficiary, - a second arbitrator shall be appointed by the Commission - the third arbitrator (hereinafter sometimes referred to as arbiter) will be determined by agreement of both parties, or if no agreement is reached, the Secretary General of the United Nations. If one of the parties fails to appoint an arbitrator, the arbitrator will be appointed arbitrator. If any arbitrator appointed under these provisions resigns, dies or is unable to act, another arbitrator shall be appointed in the same manner as the arbitrator whose place was filled. Successor will have all the powers and responsibilities that had its predecessor. MODEL APPENDIX C FINANCIAL MEMORANDUM Government of the Czech Republic (recipients) on one hand, and the European Commission (Commission), acting on behalf of the European Community (the Community) and on behalf of the other, HAVE AGREED AS FOLLOWS: Measures referred to in Article 1 below shall be implemented and financed from the Community budget in accordance with the provisions of this Memorandum. Technical, legal and administrative framework used to implement the measure referred to in Article 1 below is used in the General Conditions annexed to the Framework Agreement dated ....................... ...... between the beneficiary and the Commission, accompanied by the terms of this Memorandum and the Special Provisions annexed hereto. Article 1 Nature and object Aid As part of its aid program, THE COMMUNITY shall contribute a grant to finance the following MEASURE: Project Number: Name: Duration: COMMUNITY Article 2 Commitment The financial contribution is set at a maximum amount ........... .................... ECU (hereinafter referred to as Grant ES). EC grant is limited validity period, after which the unused balance of usability excluded. However, the Commission as the case may agree with a possible extension of the period of validity, if the recipient requests and adequately justify its request. With this measure, the period of validity of Grant EC provides in Article 3 addresses written communication relating to the implementation of measures, stating the number and title, must be sent to the following addresses: COMMUNITY: European Commission PHARE Operational Service DG 1 A. B Rue de la Loi, 200 B - 1049 Brussels, Belgium Telex: 21877 COMEU B Telefax: 295 01 38/295 01 39/295 01 40 BENEFICIARY: Telex: Telefax: Telephone: Article 4 Number of copies of this Memorandum shall be drawn up in two original copies in English language. Article 5 Entry into force This Memorandum shall enter into force upon signature by both parties. Only from this data can be used to cover the expenditure of funds from the EC Grant. Notes are an integral part of this Memorandum. The V .......................... ...................... On Day ........ ........................ ................ ............ per recipient per COMMUNITIES (name and function) (name and position) Exchange of Letters between the Czech Republic and the European Union concerning the Framework Agreement between the Government of the Czech Republic and the European Commission concerning the participation of the Czech Republic on the assistance program of the European Community Sir, during the negotiations on the Framework Agreement between the Government of the Czech Republic and the European Commission approved the text of Articles 12 and 14: Article 12 - import and foreign exchange regulations to implement the measure, the beneficiaries undertake to grant import licenses and consent to the acquisition of foreign currency resources and without discrimination to apply their foreign exchange regulations in member countries of the European Community, Albania, Bulgaria, the Czech Republic, Estonia, Croatia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia. RECIPIENT shall grant the permits required to export funds raised with regard to the actions and in accordance with the foreign exchange regulations in force in the recipient country. Article 14 - ORIGIN OF GOODS RECIPIENT agrees that, unless it states otherwise, the materials and products needed to implement contracts originate in the Community, Albania, Bulgaria, the Czech Republic, Estonia, Croatia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia. During the negotiations of the Framework Agreement, the former Yugoslav Republic of Macedonia and Bosnia - Herzegovina added to the list of Council Regulation in accordance with Regulations Nos. 463/96 of 11 March 1996 and 753/96 of 22 April 1996 with regard to the purpose of the Phare program. The Parties agree that the former Yugoslav Republic of Macedonia and Bosnia - Herzegovina have been included in the list of countries - participants of the Phare program and Articles 12 and 14 will be interpreted by both sides as the list of beneficiary countries in accordance with Council Regulation no. 3906/89 and subsequent amendments. I would be grateful if you would kindly confirm the agreement of the European Commission in this letter. Sir, please accept the assurances of my highest consideration On behalf of the Government of the Czech Republic 24. 7. 1997 Ing. Ivan Pilip vr Minister of Finance Exchange of Letters between the European Union and the Czech Republic concerning the Framework Agreement between the European Commission and the Government of the Czech Republic concerning the Czech Republic's aid program of the European Community Sir, during the negotiations on the Framework Agreement between the European Commission and the Government of the Czech Republic was approved the text of Articles 12 and 14: Article 12 - import and foreign exchange regulations to implement the measure, the beneficiaries undertake to grant import licenses and consent to the acquisition of foreign exchange and without discrimination to apply their foreign exchange regulations in member countries of the European Community, Albania, Bulgaria, Czech Republic, Estonia, Croatia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia. RECIPIENT shall grant the permits required to export funds raised with regard to the actions and in accordance with the foreign exchange regulations in force in the recipient country. Article 14 - ORIGIN OF GOODS RECIPIENT agrees that, unless it states otherwise, the materials and products needed to implement contracts originate in the Community, Albania, Bulgaria, the Czech Republic, Estonia, Croatia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia. During the negotiations of the Framework Agreement, the former Yugoslav Republic of Macedonia and Bosnia - Herzegovina added to the list of Council Regulation in accordance with Regulations Nos. 463/96 of 11 March 1996 and 753/96 of 22 April 1996 with regard to the purpose of the Phare program. The Parties agree to former Yugoslav Republic of Macedonia and Bosnia - Herzegovina have been included in the list of countries - participants of the Phare program and Articles 12 and 14 will be interpreted by both sides as the list of beneficiary countries in accordance with Council Regulation no. 3906/89 and subsequent amendments. The European Commission hereby confirms its agreement with the contents of this letter. Sir, please accept the assurances of my highest consideration, On behalf of the European Commission, 6. 8. 1997 David Ringrose vr Chargé d'Affaires ai of the European Commission Delegation in the Czech Republic
