Key Benefits:
DECREE NO 4,684, DE April 28, 2003.
Promulga the Agreement between the Government of the Federative Republic of Brazil and the Government of the Federal Republic of Germany on Financial Cooperation for the Enforcement of Projects for the Preservation of Tropical Forests (1997-2000).
THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso VIII, of the Constitution,
Considering that the Government of the Federative Republic of Brazil and the Government of the Federal Republic of Germany concluded, in Brasilia on February 14, 2002, an Agreement on Financial Cooperation for the Enforcement of Projects for the Preservation of Tropical Forests (1997-2000) ;
Considering that the National Congress passed this Agreement, by means of Legislative Decree no 42 of March 19, 2003 ;
Considering that the Agreement entered into force, at 1 ° April 2003, in the form of its Article 5 ;
DECRETA:
Art. 1 The Agreement between the Government of the Federative Republic of Brazil and the Government of the Federal Republic of Germany on Financial Cooperation for the Enforcement of Projects for the Preservation of Tropical Forests (1997-2000), concluded in Brasilia on February 14, 2002, attached by copy to the present Decree, will be executed and complied with as entirely as it contains.
Art. 2 ° shall be subject to the approval of the National Congress any acts that may result in revision of the said Agreement or entailing charges or commitments to the national heritage, in accordance with the art. 49, inciso I, of the Constitution.
Art. 3 ° This Decree comes into force on the date of its publication.
Brasilia, April 28, 2003 ; 182 ° of Independence and 115 ° of the Republic.
LUIZ INACIO LULA DA SILVA
Celso Luiz Nunes Amorim
AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERAL REPUBLIC OF BRAZIL AND THE
GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY ON COOPERATION
FINANCIAL TO RUN PROJECTS FOR PRESERVATION
DAS RAINFORESTS (1997-2000)
The Government of the Federative Republic of Brazil and The Government of the Federative Republic of Germany,
Considering the spirit of the existing friendly relations between the Federative Republic of Brazil and the Federal Republic of Germany ;
Wish to consolidate and intensify such friendly relations, upon financial cooperation ;
Aware that the maintenance of these relations forms the basis of this Agreement ;
In order to contribute to social and economic development in the Federative Republic of Brazil ;
Remember the commitments made on the occasion of the United Nations Conference on Environment and Development held in Rio de Janeiro ; and
In view of the Atas of the To-Brazilian Intergovernmental Negotiations on Financial and Technical Cooperation, July 10, 1997, July 23, 1998, July 7, 1999 and 1º December 2000,
Wake up the following:
ARTICLE 1
1. The Government of the Federal Republic of Germany shall make it easier for the Government of the Federative Republic of Brazil and its entities, as well as the beneficiaries below, appointed jointly by the two Governments, to obtain it together with the Kreditanstalt für Wiederaufbau (Institute of Credit for Reconstruction) in Frankfurt am Main of non-refundable financial contributions up to the total amount of DM 130,000,000.00 (one hundred and thirty million German marks, equivalent to 66,467,944.44 euros) for the related projects to follow, provided that fulfilled the assessment and eligibility requirements, both in the Federative Republic of Brazil and in the Federal Republic of Germany, for tropical forest preservation projects, which would render them apt to receive non-refundable financial contribution:
a) up to DM 10,000,000.00 (ten million German marks = 5,112,918.80 euros) for the project "Ecological Corridors", formerly titled "Implementation and Manejo of Conservation Units II-Parks and Reserves"- Ministry of the Environment-(increase allocated in the Act of Intergovernmental Negotiations 1997) ;
b) DM 15,000,000.00 (fifteen million German marks = 7,669,378.20 euros) for the project "Protection of the Atlantic Mata in Minas Gerais"-State of Minas Gerais-(allocation in the Ata of Intergovernmental Negotiations of 1997) ;
c) DM 26,000,000.00 (twenty-six million German marks = 13,293,588.00 euros) for the "Demonstrative Projects for Indigenous Communities-PDP/I"-Ministry of Environment-(projects to be implemented within the framework of the PD / A; increase allocated in the Atas of Intergovernmental Negotiations of 1998 and 2000) ;
d) DM 15,000,000.00 (fifteen million German marks = 7,669,378.20 euros) for the project "Protection of the Atlantic Mata in the State of Rio de Janeiro"-State of Rio de Janeiro-(allocation in the Ata of the Negotiations Intergovernmental 1999) ;
e) DM 10,000,000.00 (ten million German marks = 5,112,918.80 euros) for the project "Protection of the Atlantic Mata in the State of São Paulo"-State of São Paulo-(increase allocated in the Ata of Intergovernmental Negotiations of 1999) ;
f) DM 4,000,000.00 (four million German landmarks = 2,045,167.50 euros) for the "Integrated Protection Project of the Indigenous Lands and Indigenous Populations of the Amazon Legal-PPTAL (Demarcation of Indigenous Lands)"-Ministry of Justiça/FUNAI-(increase allocated in the Atas of Intergovernmental Negotiations of 1999 and 2000) ;
g) DM 20,000,000.00 (twenty million German marks = EUR 10,225,837.00) for the "Integrated Monitoring and Control of Dismisation and Queimed Control Project in Amazonian Forest-PRODESQUE"-Ministry of Environment- (allocation in the Act of Intergovernmental Negotiations of 1997: DM 10 million ; allocation in the Ata of the 1999 Intergovernmental Negotiations: DM 10 million) ;
h) DM 20,000,000.00 (twenty million German marks = 10,225,837.00 euros) to be distributed among the projects of "Protection of the Atlantic Mata of the State of Santa Catarina and the State of Rio Grande do Sul"-States of Santa Catarina and Rio Grande do Sul-(allocation in the Ata of the 2000 Intergovernmental Negotiations) ;
i) DM 10,000,000.00 (ten million German marks = 5,112,918.80 euros) for the project "Support for Sustainable Forest Manejo in the Amazon-PROMANEJO"-Ministry of the Environment-(increase allocated in the Negotiations Act Intergovernmental 2000).
2. The Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ), in Eschborn, will perform the functions of independent consultant with respect to the application of the resources mentioned in paragraph 1, points "a", "c", "f", "g" and "i". The Kreditanstalt für Wiederaufbau in Frankfurt am Main will be celebrating the respective contract with the GTZ.
3. The projects mentioned in paragraph 1 may be replaced by other projects aimed at the preservation of the rainforests of the Amazon or of the Atlantic Mata, by common agreement between the Government of the Federative Republic of Brazil and the Government of the Federal Republic of Germany.
4. The provisions of this Agreement shall apply to other non-refundable financial contributions which the Government of the Federative Republic of Brazil will obtain together with the Kreditanstalt für Wiederaufbau, with the agreement of the Government of the Republic Federal of Germany, for the elaboration of the projects mentioned in paragraph 1 of this Article, or for the adoption of necessary arrangements for their implementation and monitoring.
ARTICLE 2
1. The use of the financial amounts mentioned in Article 1, the conditions of their concession, and their award procedure shall be established in the contracts to be concluded between the recipients of the financial contribution and the Kreditanstalt für Wiederaufbau. Such contracts shall be subject to the legal provisions in force in the Federal Republic of Germany. The commitment to allocation of the amounts mentioned in Article 1, paragraph 1, of this Agreement shall be cancelled if the respective non-refundable financial contribution contracts are not made within an eight-year period from the year of the allocation in the respective Atas of the Intergovernmental Negotiations. For the mentioned contributions and projects, these deadlines end in:
points "a" and "b": December 31, 2005 ;
point "c": December 31, 2006 (DM 20,000,000.00) and on December 31, 2008 (DM 6,000,000.00) ;
points "d", "and" and "f": December 31, 2007 ;
point "g": December 31, 2005 (DM 10,000,000.00) and on December 31, 2007 (DM 10,000,000.00) ; and
points "h" and "i": December 31, 2008.
2. The Government of the Federative Republic of Brazil declares to agree on the projects mentioned in paragraph 1 of Article 1 that have been the subject of specific approval, and will contribute to its promotion. In the case of the projects of paragraph 1, Article 1, which do not have as a beneficiary the Brazilian Government (points b, c, d, and and h), undertakes to support, within the scope of its competence, the Government of the Federal Republic of Germany in cases of possible requirements for reimbursement of resources that have not been applied in the purposes of the projects.
ARTICLE 3
The Kreditanstalt für Wiederaufbau will not ark with the payment of taxes, charges and public emoluments collected in the Federative Republic of Brazil for the purpose of conclusion and execution of the contracts mentioned in Article 2.
ARTICLE 4
With regard to the transport of persons and goods, by sea or air, related to the granting of the financial contributions of which this Agreement is concerned, the Government of the Federative Republic of Brazil shall refrain from interfere with the choice, by the passengers or suppliers, of the transport undertakings or to adopt any measure that excludes or hints the participation, with equal rights, of transport undertakings with registered office in the Federal Republic of Germany and will listen, met the necessary legal requirements, the authorizations for participation of them.
ARTICLE 5
This Agreement shall enter into force as of the date on which the Government of the Federal Republic of Germany receives the communication from the Government of the Federative Republic of Brazil that the internal legal requirements have been met for your duration.
Done in Brasília, on February 14, 2002, in two originals, each in the Portuguese and German languages, both being equally authentic texts.
| BY THE GOVERNMENT OF THE REPUBLIC Celso Lafe Minister of State for Foreign Affairs |
BY THE GOVERNMENT OF THE REPUBLIC Uwe Kaestner Ambassador Extraordinary and Plenipotentiary |
