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Decree No. 7170, Of 6 May 2010

Original Language Title: Decreto nº 7.170, de 6 de Maio de 2010

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DECREE NO 7,170, DE May 6, 2010.

Promulga the Cooperation Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Paraguay for Sustainable Development and Integrated Management of the Apa River Hydrographic Basin, firmed in Brasilia, September 11, 2006

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution conferring you the art. 84, inciso IV, of the Constitution, and

Considering that the Government of the Federative Republic of Brazil and the Government of the Republic of Paraguay celebrated, in Brasilia, on September 11, 2006, a Cooperation Agreement on Sustainable Development and Integrated Management of the River Apa River Basin ;

Considering that the National Congress has approved this Agreement through Legislative Decree no 601, of September 2, 2009 ;

Whereas the Agreement entered into international vigor on October 11, 2009, pursuant to the paragraph 1st of its Article VIII ;

DECRETA:

Art. 1st The Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Paraguay on Sustainable Development and Integrated Management of the River Apa River Basin, signed in Brasilia, on September 11, 2006, apensed by copy to present Decree, will be executed and fulfilled as entirely as in it if contains.

Art. 2nd shall be subject to approval by the National Congress any acts that may result in revision of the said Agreement, as well as any further adjustments that, in the terms of the art. 49, inciso I, of the Constitution, carries charges or engraved commitments to the national heritage.

Art. 3rd This Decree comes into force on the date of its publication.

Brasilia, May 6, 2010 ; 189th of the Independence and 122nd of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

AGREEMENT OF COOPERATION BETWEEN THE GOVERNMENT OF THE

FEDERATIVE REPUBLIC OF BRAZIL AND THE GOVERNMENT OF THE REPUBLIC OF

PARAGUAY FOR SUSTAINABLE DEVELOPMENT

AND THE INTEGRATED MANAGEMENT

DA WATER BASIN OF THE RIVER APA

The Government of the Federative Republic of Brazil

and

The Government of the Republic of Paraguay

(henceforth named as?Parts?),

Recognizing the need to make every turn more effective the principles of good neighborlination and close cooperation that have always guided their reciprocal relations ;

Identifying the need to develop and implement joint measures in relation to the normative and technical aspects for water management and other surface and underground natural resources in river basins of cross-border rivers ;

In view of geographical private section of the River Apa River Basin, which constitute an appropriate basis for the realization of joint projects of sustainable development ;

Giving compliance with Article 1º of the Treaty of The Silver Basin of April 23, 1969, in which the Parties undertake to promote the identification of areas of common interest and the realization of studies, programmes and works, as well as to formulate operative understandings or legal instruments that estimate necessary and that they propose, among other aspects, the rational use of the water resource, especially its multiple and equestrian exploitation ; the preservation and nurturing of animal and plant life and the promotion of other projects of interest common and in particular of those that relate to the inventory, evaluation and exploitation of the area's natural resources ;

Taking into account the technical efforts carried out by the Parties for the purpose of identifying opportunities for the integrated management of the River Apa River Basin, both in Brazilian territory and Paraguayan ;

Considering responsibility as to the conservation of the environment for future generations ;

With the purpose of improving living conditions of border populations, as well as to promote the sustainable exploitation of natural resources of the bordering areas in accordance with equestrian criteria ; and

Recognizing the importance of establishing common mechanisms and instruments to both Parties,

Wake up the following:

ARTICLE I

The Parties shall establish close cooperation to promote sustainable development and integrated management of the River Apa Hydrographic Basin.

ARTICLE II

1.As Parts will seek to achieve the purpose of promote the sustainable development of Basin by the integrated management of cross-border water resources, in accordance with their respective legislations, and taking into account the following aspects:

a) the rational, equesian and sustainable water for domestic, urban, agroanian and industrial purposes ;

b) the solution of the problems arising from use undue of the waters ;

c) the protection of the areas of sources of sources superficial and underground ;

d) the regularization of the leaks and the control of the floods ;

e) the environmental sanitation of urban areas ;

f) the integrated action for the conservation of areas protected ;

g) the protection and defense of ecosystems aquatic and iconic fauna ;

h) the conservation, proper use, monitoring and recovery of soils of the region ;

i) conservation, monitoring and manhandling sustainable forest ecosystems ;

j) the sustainable use of mineral resources, vegetables and animals ;

k) the development of specific projects of mutual interest ;

l) the elevation of the socio-economic level of the inhabitants of the Basin ;

m) the territorial planning and protection of the areas of manancials of superficial and underground sources ;

n) the increment of navigation and other means of transport and communication ; and

o) the harmonization of laws and standards of the Parties, related to the provision in the present paragraph.

2.As Parties will set the priorities to be observed with respect to the purposes set out in paragraph 1 of this Article.

ARTICLE III

The scope of this Agreement comprises the River Apa River Basin and its areas of direct and ponderable influence which, if necessary, will be determined by common accord by the Parties.

ARTICLE IV

The Parties constitute, for the execution of the present Agreement, the Brazilian-Paraguayan Joint Commission for Sustainable Development and Integrated Management of the River Apa River Basin (CRA), which will be composed of representatives of their respective Foreign Ministries and their organs responsible for the national policy of water resources, and which shall be governed by the provisions of this Agreement and in its Statute, annexed to the present and integral part thereof.

ARTICLE V

The Commission shall have the following tasks:

a) study and coordinate technical matters, scientific, economic and social related to the development of the River Air River Basin ;

b) to present to the proposed Parties of projects and activities to be performed in the region ;

c) gestion and hire, with prior authorization express of the Parties, in each case, the funding of studies and works ;

d) gestion and supervise the execution of projects, common works and services and coordinate their ulterior functioning ;

e) to enter into the contracts required for the execution of projects approved by the Parties, requiring these the express authorization, in each case ;

f) to coordinate with the competent bodies of the Parts the integrated management of the water resources of the Basin ;

g) transmit expedition to the organisms competent of the Parties to the communications, consultation, information and notifications that are in accordance with this Agreement ;

h) propose to each of the Parties projects of uniform standards on subjects of common interest concerning, among others, prevention of contamination ; conservation, preservation, sustainable exploitation of natural resources ; navigation and others ; and

i) the other ones assigned to you by the present Agreement and those which the Parties shall convince to hear you, by exchange of diplomatic Notes, or other forms of agreement.

VI ARTICLE

The Parties shall adopt appropriate measures to which the various harness of the waters, the research, the exploration and the use of the natural resources of the River Apa River Basin area within their respective territories, do not cause material injury to the quantity and quality of the water and the medium environment.

ARTICLE VII

The Parties, upon a proposal from the Commissi they shall designate, in the case, the public or private entities, international bodies or non-governmental organizations, which will develop the activities provided for in this Agreement and the Statute.

ARTICLE VIII

1.Cada one of the Parties shall notify the other, by way of diplomatic, from the fulfilment of the respective internal legal formalities necessary for the duration of this Agreement, which shall enter into force thirty (30) days after the date of the second notification.

2.O this Agreement may be denounced, by either of the Parties, upon diplomatic Note. In such a case, the complaint shall take effect one year after the delivery of the said notification.

Done in Brasilia, on September 11, 2006, in two original copies, in Portuguese and in Spanish, both of which are equally valid and authentic texts.

________________________________

BY THE GOVERNMENT OF THE REPUBLIC

FEDERATIVE OF BRAZIL

AMORIM CELSO

Minister of Foreign Affairs

_____________________________________

BY THE GOVERNMENT OF THE REPUBLIC

DO PARAGUAY

RUBEN RAMÍREZ LEZCANO

Minister of Foreign Affairs

STATUS OF THE BRAZILIAN MIXED COMMISSION-PARAGUAY FOR THE

SUSTAINABLE DEVELOPMENT AND INTEGRATED MANAGEMENT OF THE

APA RIVER BASIN (CRA)

ARTICLE I

For the purposes of this Statute, you understand why:

a) Parties: the Governments of the Federative Republic of Brazil and the Republic of Paraguay ;

b) Agreement: the Cooperation Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Paraguay for Sustainable Development and Integrated Management of the River River Hydrographic Basin, of which this Statute is attached ;

c) Commission: the Joint Committee Brazilian-Paraguay for Sustainable Development and Integrated Management of the River Apa River Basin (CRA), established by Article IV of the Agreement and in accordance with the allocations laid down in its Article V ;

d) Brazilian Section: the Group of delegates designated by the Federative Republic of Brazil to take part in meetings and activities of the Commission ;

e) Section Paraguay: the Group of delegates designated by the Republic of Paraguay to take part in meetings and activities of the Commission ;

f) Delegates: Delegates named for each Part ;

g) Local Coordination Committee: the body binational officer responsible for advising the Commission, as per Article XI of this Statute ;

h) Advisors: the persons designated by the Parties, or by Delegates, to attend their respective Delegation in this function, and

i) Statute: the present legal instrument agreed between the Parties, in accordance with Article IV of the Agreement.

ARTICLE II

The Commission is the responsible binational body for the implementation of the Cooperation Agreement between the Government of the Federative Republic of Brazil and the Government of the Republic of Paraguay for Sustainable Development and Integrated Management of the River Apa Water Basin in accordance with the provisions of the your Article IV.

Single Paragraph-The Commission shall be governed by the relevant standards of the said Agreement, by this Statute and by its Rules of Procedure.

ARTICLE III

The Commission's area of action will understand the Basin Hydrographic of the River Apa and the contiguous areas of direct and ponderable influence in accordance with Article III of the Agreement.

ARTICLE IV

The Commission has the necessary legal capacity for the fulfillment of their functions, objectives and purposes, specified in Article V of the Agreement.

ARTICLE V

The Commission will have as permanent headquarters one of the their respective foreign ministries of the two countries, in annual alternation regime.

Single Paragraph-The Commission will have sedes operatives in the cities of Bela Vista (Mato Grosso do Sul), in the Federative Republic of Brazil, and of Bella Vista (Amambay), in the Republic of Paraguay. The Commission shall submit to the Parties a proposal for a structure for the operational and definition offices for the bodies responsible for the operation of them. The Parties, in accordance with their domestic legislation, shall define the budgetary sources for the operation of their respective sedes.

VI ARTICLE

The Commission shall address the Parties by means of the respective Ministries of Foreign Affairs and, through these, you can relate to international bodies on matters of their competence.

ARTICLE VII

The Commission will act as contact mechanism between the Parties and will be coordinated by the respective Foreign Ministries, with the support of other bodies of the Parties at the national and local level.

ARTICLE VIII

It Will Be for the Commission to identify initiatives and projects of bilateral interest. The environmental, technical and financial feasibility of each initiative or project will be analysed by the Commission in consultation with the relevant government bodies of both Parties. If the evaluation carried out is positive, it will be celebrated specific instrument, in which it will construct the clear commitment of the Parties to apply technical and financial resources in the initiative or project.

ARTICLE IX

With views to coordinate their programs and projects with the development plans of each Party, the Commission will maintain close cooperation with national planning bodies, national and environmental integration and water resources.

ARTICLE X

The Commission has the functions specified in the Agreement and the below indicated:

a) draw up and approve its Rules of Procedure ;

b) establish the subsidiary bodies that consider necessary for the execution of the objectives of the Agreement, included, among them on a permanent basis, the Local Coordination Committee ;

c) approve and define, in accordance with the terms of the Agreement and of this Statute, the regulations and regulations of the subsidiary bodies themselves, and may carry out, at any time, the adjustments and modifications which it will understand timely ;

d) authorize its President to exercise the statutory representation of the Commission ;

e) to provide, as soon as the Parties request them, information regarding the projects, works or services that are under their supervision ;

f) promote actions that target the study and evaluation of all aspects related to the management of the waters and other natural resources of the River Apa River Basin and to suggest to the Parties the appropriate measures for their development, conservation and monitoring ;

g) study mechanisms and procedures that target the appropriateness and harmonisation of the technical and normative criteria for the integrated and sustainable development of the River Apa River Basin and recommend to the Parties means to implement such mechanisms ;

h) carry out technical visits and operations joint monitoring, in accordance with the laws and regulations of the Party on whose territory these activities are carried out ;

i) to present to the Parties an Annual Report of your activities and your Work Plan for the following financial year ; and

j) perform the other functions that are common agreement are determined by the Parties.

XI ARTICLE

The Commission consists of two Sections, the Section Brazilian and the Paraguayan Section.

Paragraph 1º-Each Section, as far as its internal structure and operation, shall be governed by their respective national standards.

Paragraph 2º-Each Party will assign two Delegates, in accordance with Article IV of the Agreement.

Paragraph 3º-May take part in the meetings of the Commission, depending on the nature of the themes, in ad hoc character and as observers, at the discretion of each Delegation, advisors and guests who can contribute to the best analysis and knowledge of these themes.

Paragraph 4º-Participation of the meetings of the Commission, in permanent character, and in representation of the respective border communities, two representatives, one from each of the Parties, of the Local Coordination Committee referred to in paragraph "b" of Article X of this Statute.

Paragraph 5º-The Local Coordination Committee shall advise the Commission and promote the preliminary examination of the topics to be considered in plenary and of the matters assigned to it by the Commission itself.

Paragraph 6º-The Local Coordination Committee will be composed of a representation, with equal number of members, of each Party, and shall be organized in such a manner as to ensure compliance with their respective legislations, in particular that of water resources.

Paragraph 7º-The composition and operation of the Local Coordination Committee will be defined in Rules of Procedure approved by the Commission

ARTICLE XII

The Presidency and Vice-Presidency of the Commission will be performed, for annual and alternating periods, by the respective Delegates who chair the Sections of each Party.

Single Paragraph-In case of vacancy of the Chairmanship or Vice-Chair, the corresponding Section shall designate the new holder to complete the period.

ARTICLE XIII

Each Party shall designate a Secretary to exercise the The Executive Secretary of the Commission, accompanying the same alternation set for the Presidency of the Commission, as provided for in Article XII.

ARTICLE XIV

The Commission shall meet, in an ordinary manner, by the less once per semester and, in extraordinary character, at any time, by convocation of its President or of one of the Sections.

Single Paragraph-The Parties will be able to modify the frequency of ordinary meetings, per exchange of diplomatic Notes.

XV ARTICLE

The Commission President, in coordination with their respective Secretaries, with at least thirty (30) days in advance, will make the convening of the meeting and propose the agenda.

ARTICLE XVI

The decisions of the Commission will be adopted by consensus.

ARTICLE XVII

Commission meetings will be registered in Atas which, after their approval, will be signed by the Delegates present.

ARTICLE XVIII

Will be official languages of the Commission Portuguese and the Spanish, may the Atas of Plenary Sessions and other documents be redacted in both languages.

ARTICLE XIX

The Commission may also set up Subcommittees temporary, to deal with specific subjects, as well as to rely on the collaboration of Special Advisors placed at their disposal, whether or not they are nationals of the Parties.

ARTICLE XX

Constitution of Commission resources, among others, the appropriations designated by both Parties by means of their respective Sections, each of which is responsible for their own spending.

ARTICLE XXI

This Statute can be modified by initiative of the Parties or by proposition of the Commission.

ARTICLE XXII

This Statute shall enter into force in the same date of the Agreement.