Key Benefits:
825 OF 2003
(July 10)
Official Journal No. 45,248 of 14 July 2003
PUBLIC POWER-LEGISLATIVE BRANCH
By means of which the Convention-Framework for the implementation of Financial and Technical Assistance and Economic Cooperation in the Republic of Colombia under the "ALA" Regulation, signed in Brussels on 17 May-is approved. (17) October 2000 (2000) and Bogota, 14 (14) December 2000.
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the Convention-Framework for the implementation of Financial and Technical Assistance and Economic Cooperation in the Republic of Colombia under the ALA Regulation, signed in Brussels on December 17 (2000), and in Bogotá, the fourteen (14) of December of two thousand (2000), which a letter says:
(To be transcribed: photocopy of the full text of the International Instrument mentioned).
LAW PROJECT 31 OF 2001 SENADO
By means of which the Convention-Framework for the implementation of financial and technical assistance and Economic Cooperation in the Republic of Colombia under the ALA Regulation, signed in Brussels on 17 May-is adopted (17) October 2000 (2000), and in Bogotá, the fourteen (14) of December 2000.
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the Framework Convention on the implementation of financial and technical assistance and economic cooperation in the Republic of Colombia under the ALA Regulation, signed in Brussels on 17 October 2000 (17), and in Bogotá, the fourteen (14) of December of two thousand (2000) that to the letter says:
(To be transcribed: photocopy of the full text of the international instrument mentioned).
"FRAMEWORK AGREEMENT ON THE IMPLEMENTATION OF FINANCIAL AND TECHNICAL ASSISTANCE AND ECONOMIC COOPERATION IN THE REPUBLIC OF COLOMBIA UNDER THE ALA REGULATION"
The European Community, hereinafter referred to as 'the Community', represented by the Commission of the European Communities, hereinafter referred to as ' the Commission
,On the one hand, and the Government of the Republic of Colombia, hereinafter referred to as "Colombia", on the other hand, as a whole called "the parties",
Whereas the Cooperation Framework Agreement between the Community and the Cartagena Agreement and its Member States, hereinafter referred to as 'the Agreement', signed in Copenhagen on 23 April 1993, provides for the purpose of contributing to the implementation of its objectives, the implementation of financial and technical assistance and economic cooperation in favour of Colombia,
Whereas Regulation (EC) No 443 of 1992 of the Council of the European Communities of 25 February 1992, referred to as the 'ALA' Regulation, lays down the rules to be applied for the implementation of projects relating to: financial and technical assistance and economic cooperation in the developing countries of Latin America, the parties,
AGREE THE FOLLOWING:
ARTICLE 1o. OBJECT. For the purpose of achieving the objectives of the Agreement-Framework for Cooperation in the field of financial and technical assistance and Economic Cooperation, the parties agree to implement the programmes and/or projects financed by the Community, agreement with the management arrangements set out in this Convention-Framework.
ARTICLE 2o. QUERY BETWEEN THE PARTS.
1. The Government of Colombia shall take all necessary measures to ensure the proper implementation of this Convention-Framework and shall appoint a National Coordinator as the main interlocutor of the Commission as regards programming multiannual, its possible annual reviews and the approval of the specific financing agreements.
The Government of Colombia will officially communicate the designation of such a National Coordinator to the European Commission.
In this context, the parties will agree on all the measures and actions necessary for the implementation of the operations decided jointly, as well as for the development of cooperation in general.
With regard to grant contracts in favour of bodies other than the State or public authorities, the parties shall exchange all information deemed to be relevant.
2. The Commission and the National Coordinator shall consult each other in order to achieve the optimal use of the instruments and means provided for by this Framework Convention. They shall also periodically conduct an examination and exchange of information on:
-Priority development goals set at the national level;
-The specific objectives and the sectors to which the Community contribution will be directed, taking into account, in particular, the interventions of other fund funders at bilateral or multilateral level, as well as Community instruments;
-The most convenient actions for the realization of the specific objectives mentioned or the broad lines of the programs of support to the policies established by the country in the sectors contemplated.
The consultation will cover, in particular, the indicative multiannual guidelines (NOPs) setting out the specific objectives, guidelines and priority sectors of Community cooperation, as well as their possible revisions. year.
This consultation will also cover the participation of Colombia in regional actions financed by the Community. The provisions of this Convention-Framework shall apply to such actions in so far as they are implemented in Colombia.
3. With regard to the monitoring of cooperation, the National Coordinator and the Commission shall be kept regularly informed of their implementation and shall take the necessary measures to ensure that they are properly implemented.
4. The parties shall ensure that the projects or cooperation actions financed by the Community are given the necessary visibility so that the particular relations between the Community and Colombia in this field are adequately known to the Community. Colombian citizens.
ARTICLE 3o. SPECIFIC FINANCING AGREEMENTS AND CONTRACTS. Any cooperation project selected by the Commission may give rise to:
-A Specific Financing Agreement between the Commission, acting on behalf of the Community, and the Government of Colombia or the authorities of the public authorities referred to in Article 6or. The model of the Financing Convention is annexed to this Convention-Framework and forms an integral part of it.
-Or to a Subsidy Contract with international organizations, legal or natural persons, or other private entities mentioned in Article 6or responsible for the execution of the project.
ARTICLE 4. AWARD OF CONTRACTS. The Commission and, where appropriate, the body eligible for Community financing, as defined in Article 6or of a project and/or programme financed by the Community, may sign contracts for works, supplies or services with natural or legal persons, hereinafter referred to as 'the contractors', who are responsible for carrying out a benefit under the project and/or programme.
Contract procurement procedures will be specified in the General Conditions attached to the Specific Financing Agreement.
ARTICLE 5o. THE HEAD OF DELEGATION. The Commission is represented before the Government of Colombia by the Head of Delegation who will ensure, in contact with the National Coordinator, the implementation and monitoring of cooperation as a whole according to the principle of sound financial management and the provisions of this Convention-Framework.
ARTICLE 6o. ELIGIBLE ENTITIES FOR COMMUNITY FINANCING. The entities eligible for the actions financed by the Community may be: the State, and among other entities its regional bodies, the decentralised and deconcentrated administrations, the regional organisations, public services and authorities, local communities, private institutes or operators, cooperatives and non-governmental organisations.
ARTICLE 7o. TAX REGIME. The tax regime applied by Colombia to the Community-funded Specific Financing Agreements and Subsidy Contracts is defined in the Fiscal Protocol annexed to this Convention-Framework. The Government of Colombia shall take all necessary measures to facilitate the swift and effective implementation of this regime.
ARTICLE 8o. DISPUTES. Any dispute between the Community on the one hand, and the Government of the Republic of Colombia, on the other hand, which may arise from the implementation of this Convention-Framework and which has not been settled by agreement between the parties in a the maximum time of six months, shall be settled by arbitration in accordance with the "Optional Arbitration Rules of the Permanent Court of Arbitration for International Organizations and States (The Hague)" in force on the date of the Present Convention.
ARTICLE 9o. AMENDMENTS. The provisions of this Convention-Framework may be amended by written agreement between the parties.
ARTICLE 10. ENTRY INTO FORCE AND COMPLAINT.
1. This Convention-Framework shall enter into force on the date of the last notification in which one of the parties communicates to the other the compliance with the corresponding internal approval procedures.
2. This Convention-Framework may be denounced by one of the parties by written notification to the other party. In this case, it shall continue to apply for obligations arising from Specific Financing Agreements or contracts signed under this Convention-Framework, prior to the date of such written notification, obligations derived from Specific Financing Agreements or signed contracts, pursuant to this Framework Convention, prior to the date of such written notification.
3. Without prejudice to the provisions of paragraph 1 of this Article, this Convention shall be applied provisionally from the date of its signature and until the date of its entry into force. The provisional application shall also cease at the time when one of the parties notifies the other of its intention not to become party to the Framework Convention.
ARTICLE 11. FRAMEWORK, ANNEX AND PROTOCOLS. The model of the Specific Financing Convention (Annex) as well as the Protocols number I (Tax provisions) and II (delegated execution) form an integral part of this Framework Convention.
ARTICLE 12. NUMBER OF COPIES. This Convention-Framework is drawn up in duplicate in Spanish, equally authentic.
Subscribed in ..., the ... of 2000.
By the Europe Community,
SANTIAGO GOMEZ REALM,
Deputy General Manager
Directorate General for External Relations
Signed on October 17, 2000.
By the Colombian Government,
GUILLERMO FERNANDEZ DE SOTO,
Minister of Foreign Affairs
Signed on December 14, 2000.
ANNEX
SPECIFIC FINANCING AGREEMENT
between
THE EUROPEAN COMMUNITY
and
THE REPUBLIC OF COLOMBIA
Project Title
Project Number
SPECIFIC FINANCING AGREEMENT
The European Community, hereinafter referred to as 'the Community', represented by the Commission of the European Communities, hereinafter referred to as 'the Commission', itself represented
,On the one hand, and the Government of the Republic of Colombia, hereinafter referred to as "the Beneficiary", on the other hand,
CONSIDERING
The Agreement-Framework for Cooperation between the Community and the Cartagena Agreement and its Member States, hereinafter referred to as 'the Agreement', signed in Copenhagen on 23 April 1993, provides for the purpose of contributing to the implementation of the Agreement. objectives, the implementation of financial and technical assistance and economic cooperation in favour of Colombia.
Whereas Regulation (EC) No 443 of 1992 of the Council of the European Communities of 25 February 1992, referred to as the 'ALA' Regulation, lays down the rules to be applied for the implementation of projects relating to: the financial and technical assistance already provided by the Economic Cooperation in the developing countries of Latin America,
AGREED THE FOLLOWING
1. The project described in Article 2 below shall be implemented in accordance with the provisions of the Convention-Framework signed on ... by the Commission and the Government of Colombia, as well as in accordance with the provisions of this Convention. financing, the General Conditions of Annex 1 and the Technical and Administrative Provisions of Annex 2 which form an integral part of this Convention.
2. This financing agreement and the Technical and Administrative Provisions complement the General Conditions and, in the event of a conflict, shall prevail over the latter.
ARTICLE 2A. OBJECT. The Community shall finance, through a non-reimbursable contribution, the following project, hereinafter referred to as "the project":
Project number:
Title:
Estimated total project cost:
The description of the project is contained in the Technical and Administrative Provisions of Annex 2.
ARTICLE 3A. THE COMMUNITY ' S FINANCING. The Community's financing is limited to ... Euro (+ in letters).
The Financing Agreement is subject to a deadline after which any remaining EC grant funds will be automatically cancelled 6 months later.
The Commission may, however, depending on the circumstances, grant an extension of this deadline, as long as the extension is appropriately requested and justified by the Beneficiary.
The deadline for this convention is fixed at ... < /i>
ARTICLE 4A. FINANCING OF THE BENEFICIARY. The beneficiary's financial contribution to the project will be limited to ... Euro (+ in letters).
In case that contribution, or part of it, is not made through a financial contribution, it must be expressed.
ARTICLE 5A. ADDRESSES. The correspondence relating to the implementation of this Convention, which shall make explicit reference to the number and title of the project, shall be addressed to:
a) For the EUROPEAN COMMUNITY;
b) For PAYEE
A copy will be forwarded to the National Coordinator.
ARTICLE 6A. NUMBER OF COPIES. This Convention is held in four Spanish-language copies, two for the Commission, one for the National Coordinator, and one for the Beneficiary, all being equally authentic.
ARTICLE 7A. ENTRY INTO FORCE AND DENUNCIATION. This Convention shall enter into force on the date of its signature by the two parties or after the completion of the internal procedures proper to each party.
May be denounced by one of them, after consultation between the parties, by written notification to the other. In this case, it shall continue to apply for the shares, in execution at the date of the said written notification.
FIRST
By attesting to the foregoing, the parties to this Convention, through their duly authorized representatives, have signed this Convention.
Subscribed in ... Subscribed in ...
The (date) The (date)
By the European Community
By the Beneficiary
By the National Coordinator
Annex 1: General Conditions.
Annex 2: Technical and Administrative Provisions.
ANNEX 1
GENERAL CONDITIONS
TITLE I.
PROJECT FUNDING.
ARTICLE 1o. FINANCIAL OF THE COMMUNITY. The Community financing, the amount of which is fixed for the project under this Convention, shall determine the limit of the Community's financial contribution.
The Community's financial commitment is subject to the deadline for implementation laid down for the project in this Convention.
ARTICLE 2o. FINANCING OF THE BENEFICIARY. Where the implementation of the project requires a financial contribution from the beneficiary, as provided for in the Convention, the making available of Community funding is conditional on the to the completion of the obligations corresponding to the Beneficiary.
ARTICLE 3o. INSUFFICIENT FUNDING. There will be financial insufficiency where the budget initially envisaged for the implementation of the project, covered by Community contributions and, where appropriate, those of the beneficiary, is less than actual project cost.
There will also be financial insufficiency if, during the performance of a contract or in the budget forecast for expenditure, an increase in the cost of works, a modification or an adaptation of the project implies, taking into account the known or foreseeable application of the price variation clauses, an expense exceeding the amount of the contract or the forecast of expenditure, including unforeseen costs.
Without prejudice to the provisions of Article 4 or any additional effective financing necessary to cover financial inadequacies, it shall be borne by the Beneficiary.
ARTICLE 4. COVERAGE OF THE FINANCING. From the moment a risk of financial insufficiency appears, the beneficiary shall inform the Commission and shall inform the Commission of the measures it intends to take to cover this financial insufficiency. the extent of the project and/or using its own resources.
If it is impossible to reduce the scale of the project or to cover the financial insufficiency by means of the beneficiary's own resources, the Community may, exceptionally, and at the justified request of the beneficiary, take a decision of additional funding.
TITLE II.
EXECUTION.
ARTICLE 5o. GENERAL PRINCIPLE. responsibility for the implementation of the project shall be the beneficiary in close cooperation with the Commission, in accordance with the provisions of this Convention.
If the responsibility for the management of the project has been delegated to a Management Unit, the provisions of Protocol II shall apply, without prejudice to the application of these general conditions.
ARTICLE 6o. HEAD OF DELEGATION. For the implementation of this Convention, the Commission shall be represented in the beneficiary State by its Head of Delegation.
ARTICLE 7o. MAKING AVAILABLE COMMUNITY FUNDS.
1. Within the framework of the Community contributions determined by the Commission, the beneficiary shall, where appropriate, carry out the payment orders and the settlement of the expenditure covered by this Convention. The financial liability of the beneficiary to the Commission shall continue to exist until such time as the operations whose execution has been entrusted to it are regularised.
2. For the execution of payments in currency other than the national currency of the beneficiary country, the Commission shall make the payments directly.
3. For the execution of payments in the national currency of the beneficiary country, two accounts shall be opened for the exclusive name of the project:
-An account in Euros
-An account in the national currency of the beneficiary country.
These accounts shall be opened in the beneficiary country in a financial institution recognised by the National Coordinator and authorised by the Commission.
4. The accounts referred to in paragraph 3 shall receive funds on the basis of actual cash needs. The transfers shall be made in Euros and shall be converted into national currency of the beneficiary country in accordance with the eligibility of the payments to be made and according to the exchange rate of the day of payment.
5. Deposits in the accounts referred to in paragraph 3 shall generate interest, if any, for the exclusive benefit of the project. Interest, which shall be the subject of a separate accounting item, as well as charges arising from the normal use of such accounts, shall benefit or be borne by the project. However, the use of interest for the benefit of the project may only be made after the Commission has formally agreed.
6. The beneficiary shall send the Commission periodically, at least once a quarter, a statement of expenditure and revenue, together with copies of the supporting documents. These pieces and all accounting books shall be kept for a period of five years from the date of the last payment.
7. In the case of Delegated Implementing, the making available of the Community funds shall be carried out by means of the requirements of Protocol II.
ARTICLE 8o. PAYMENT MODES.
1. Payments to the successful tenderers of the contracts will be made in Euros for the contracts expressed in Euros. Payments of contracts in the national currency of the beneficiary country shall be paid in this currency.
2. Contracts signed in the framework of this Convention shall give rise to payments only if their expiry is prior to the date of expiry of this Convention. The final payment of these contracts shall be made at the latest by the deadline for the financial commitment set out in Article 3 of this Specific Financing Agreement.
TITLE III.
AWARDING COMMUNITY-FUNDED CONTRACTS.
ARTICLE 9o. REGLA GENERAL. Without prejudice to Articles 12 and 13, contracts for works and supplies shall be concluded following an open invitation to tender and service contracts following a restricted invitation to tender.
ARTICLE 10. ADMISSIBILITY. The in the tenders and in the contracts shall be open on equal terms to all natural and legal persons of the Member States of the Community.
With regard to financial and technical cooperation, such participation extends to the natural and legal persons of the beneficiary State and in the event that the beneficiary State belongs to a regional market integration group, natural and legal persons in the Member States of that grouping provided that those countries are eligible for Community aid. Such participation may be extended, on a case-by-case basis, to natural and legal persons from other developing countries. In duly justified exceptional cases, the participation of natural and legal persons from countries other than those indicated above, may be admitted.
ARTICLE 11. EQUAL PARTICIPATION. The Commission and the Beneficiary shall take the necessary measures to ensure, on an equal footing, as broad a participation as possible in invitations to tender and in the contracts of works, supplies and services financed by the Community.
To this end, they shall ensure in particular:
-To ensure through the Official Journal of the European Communities and the Official Journal of the State of the Beneficiary or the national and local press, the prior publication of tenders in satisfactory terms;
-To eliminate any discriminatory practice or any technical specification that may hinder a broad participation, on an equal basis, of all natural and legal persons provided for in Article 10.
ARTICLE 12. WORKS AND SUPPLIES CONTRACTS. The works and supplies contracts shall be concluded in accordance with a specification applicable to such contracts. Such documents must be approved by the Commission.
In case of urgency or if the nature, the minor importance or the particular characteristics of certain works or supplies justify it, the Commission, or the beneficiary with the agreement of the Commission, may exceptionally authorise the conclusion of contracts following an open invitation to tender, published locally, the conclusion of contracts following a restricted invitation to tender, direct procurement, direct execution by the administration itself.
ARTICLE 13. TENDER FILES.
1. In the case of works and supplies contracts, the beneficiary shall submit to the Commission, for approval, the tender files before publication. In accordance with the decisions thus approved and in close cooperation with the Commission, the beneficiary shall publish the tenders, receive the tenders, chair its selection and approve the results of the tenders.
2. The Commission shall be represented in the process of opening and selecting tenders and reserves the right to be present, as an observer, during the evaluation of tenders.
3. The beneficiary shall send the Commission, for approval, the result of the selection of tenders and a proposal for the award of the contract. With the prior agreement of the Commission, it shall sign and notify the contracts, appendices and budgets. The Commission shall, where appropriate, proceed in relation to such contracts, appendices and budgets, to carry out the individual commitments and to implement the corresponding payments. Such individual commitments shall be deducted from the overall commitment established under this Convention.
ARTICLE 14. SERVICE CONTRACTS.
1. Service contracts shall, as a general rule, be drawn up, negotiated and concluded by the Commission.
2. The Commission will draw up after a shortlist-a limited list of candidates in accordance with the criteria to guarantee qualifications, the professional experience and the independence of these candidates, while taking into account their have ad for the activity in question.
3. Where explicitly provided for in this Convention, the tasks defined in paragraph 1 of this Article shall be delegated by the Commission to the beneficiary. Such delegation shall be exercised under the control of a representative of the Commission. In this case, the specification of the general terms and conditions of public service contracts financed by the European Community shall apply.
ARTICLE 15. PROCEDURES APPLICABLE TO LOCAL CONTRACTS. In the event that the contracts for services, supplies and works are concluded in the beneficiary country, the tendering procedures, according to the amount of the contract, are specified in the Technical and Administrative provisions forming part of this Convention (summary tables Annexes 1, 2 and 3).
ARTICLE 16. CRITERIA FOR THE AWARD OF CONTRACTS. The Commission and the Beneficiary shall ensure that, for each tender and/or award, the offer chosen is the most economically advantageous, taking account, in particular, of the price of benefits, the cost/benefit ratio, its technical value, the qualifications and guarantees presented by the bidders, the nature and the conditions of the works or the supplies. A reference to the award criteria shall be given in the tender dossier. The results of the tender shall be communicated to the bidders by the Beneficiary.
TITLE IV.
REGIME APPLICABLE TO THE EXECUTION OF COMMUNITY-FUNDED CONTRACTS.
ARTICLE 17. ESTABLISHMENT AND RIGHT OF ESTABLISHMENT. The natural and legal persons involved in the tenders and in the contracts of works, supplies or services shall, under equal conditions, benefit from a temporary right of entry and stay in the beneficiary country, if the nature of the contract justifies it. This right lasts for one month from the appointment of the contract's contracting authority.
Contractors, as well as natural persons and members of their family, whose services are necessary for the performance of the contract, shall benefit from equal rights throughout the performance of the contract and up to the expiration of a period of time. of one month from the final receipt of the contractual benefits.
ARTICLE 18. ORIGIN OF THE SUPPLIES. The supplies financed by the Community and necessary for the execution of the works, supplies and services contracts must be, except for exemption authorized by the Commission, originating in the Member States. admitted to participate in accordance with Article 10.
ARTICLE 19. TAX REGIME.
1. Taxes, duties and charges are excluded from the financing of the Community.
2. Contracts financed by the Community under this project are covered by the tax arrangements established in the Protocol signed between the Community and the beneficiary country (Protocol No 1).
ARTICLE 20. a) the beneficiary undertakes to apply the national rules on foreign exchange rates without discrimination on grounds of nationality between natural and legal persons admitted to participate in the currency exchange rate. Article 10.
ARTICLE 21. INTELLECTUAL PROPERTY. If this Convention provides for the financing of studies, the Commission reserves the right to use the information contained in these studies, to publish them or to communicate them to third parties.
ARTICLE 22. DISAGREEMENTS BETWEEN THE BENEFICIARY AND THE CONTRACTOR.
1. Without prejudice to paragraph 2, disagreements arising between the beneficiary and the successful tenderer on the occasion of the execution of a contract financed by the Community shall be definitively decided on the basis of the Procedure of the Arbitration Rules of the International Chamber of Commerce of Paris, in force at the date of the subscription of the contract.
2. Before adopting a definitive position on any claim for compensation, whether or not founded, by the contractor, the beneficiary shall undertake to reach an agreement with the Commission. If such an agreement has not been reached, the Commission shall not assume any financial commitment in relation to the amount of the compensation unilaterally granted by the beneficiary, where appropriate.
TITLE V.
GENERAL AND FINAL PROVISIONS.
ARTICLE 23. VISIBILITY CLAUSE. This programme shall be carried out under conditions allowing, at any time, the maximum visibility to the contribution of the Commission.
The Beneficiary shall aim in particular to prevent any confusion between the present project and actions financed by other international bodies and/or other donors from being established in order to ensure the necessary transparency of the Community cooperation.
This clause will be applied especially in the event of demonstrations, events and public events organized in the framework of the execution of the project, as well as in the elaboration of any public or official document relating to it. The works, equipment and documentation used must clearly bear the European symbol. The symbology identifying the European Union shall be of the same size and characteristics as that of the beneficiary.
All these actions will be concerted with the Commission Delegation from the beginning of the project implementation.
ARTICLE 24. EXAMINATION OF THE ACCOUNTS.
1. The Commission shall have the power to send its own agents or officers duly authorised for all technical, accounting and financial missions deemed necessary to assess the implementation of the project.
2. The Court of Auditors of the European Communities, in accordance with the tasks entrusted to it by the Treaty establishing the European Community, shall have the power to carry out a full audit, if necessary, of the accounts and accounting documents and any other document relating to the financing of the project.
3. The beneficiary shall be informed of the "on-the-spot" dispatch of the agents designated by the Commission or the Court of Auditors.
4. To this end, the Beneficiary:
-undertakes to supply all data, information and documents requested to you and take all measures to facilitate the work of the persons in charge of these control missions;
-shall keep the records and accounts necessary for the identification of the works, supplies or services financed under this Convention, as well as the vouchers relating to local expenditure, in accordance with the best accounting procedures in use;
-Guarantee that the Court of Auditors, in accordance with the tasks entrusted to it by the Treaties establishing the European Institutions, can carry out its "in situ" intervention on the accounts of the project.
-It shall ensure that the representatives of the Commission may examine all the documents or accounting parts relating to the shares, financed under this Convention and shall assist the Court of Auditors of the European Communities in the control operations relating to the use of Community funding.
ARTICLE 25. QUERY.
1. Any question concerning the implementation or interpretation of this Convention shall be the subject of a consultation, which shall be initiated by means of a written communication between the beneficiary and the Commission. This procedure could, if necessary, lead to an amendment to this Convention by common agreement.
2. In the event of non-compliance by the beneficiary of one of the obligations provided for in this Convention, the Commission may suspend its financing after consultation with the beneficiary.
3. The beneficiary may waive, in whole or in part, the implementation of the project with the agreement of the Commission.
4. The decision to suspend the financing by the Commission and the decision of total or partial waiver of the beneficiary, or any amendment to the provisions of this Convention, shall be the subject of an exchange of letters between the parties. signers.
ARTICLE 26. DISPUTES. Any dispute which may arise from the implementation of this Convention and which has not been resolved within the framework of the consultations provided for in Article 25 within a maximum of six months shall be settled by arbitration of compliance with the "Optional Arbitration Rules of the Permanent Court of Arbitration for International Organizations and States" (The Hague) in force on the date of this Convention.
ARTICLE 27. NOTICE. Any notification and any agreement between the parties shall be the subject of a written communication in which the number and title of the project are explicitly mentioned. This communication shall be made by letter sent to the authorized party to receive it and to the latter's address. In case of urgency, communications by fax, telegram or e-mail shall be authorised provided they are immediately confirmed by letter. The addresses are specified in the Financing Agreement.
PROTOCOL NUMBER 1:
Tax Provisions
I. With regard to projects financed under a specific financing agreement, the beneficiary recognises that:
1. Taxes, duties and charges are excluded from the financing of the Community.
2. Contracts financed by the Community shall, on the part of the State of the beneficiary, be granted a tax system which is no less favourable than that which applies to the State or the most favoured International Organisation, development cooperation.
3. Without prejudice to the application of the above paragraphs, the following scheme applies to contracts financed by the Community:
3.1 Contracts shall not be subject to the payment of indirect taxes, such as VAT, stamp duty or registration fees, tax charges having an existing equivalent effect or to be created in the State of the Beneficiary.
In relation to contracts which are intended to purchase or obtain services on the local market, if the law of the beneficiary is not provided for in the exemption system, taxes, duties, taxes, and tariffs will be paid directly by the Beneficiary.
3.2 Non-resident natural persons who carry out service contracts, works and supplies financed by the Community shall not be subject, in the State of the beneficiary, to direct taxes related to the performance of the contract.
Legal persons who execute such contracts and who do not have their registered office in the State of the Beneficiary will have the same privileges.
The "resident" or "head office" rating is appreciated on the day of the signing of the corresponding contract.
3.3 The State of the beneficiary shall be temporarily admitted, with tax relief, entry rights, tariff charges, customs duties, internal taxes and other charges having equivalent effect, in accordance with the modalities provided for by national legislation, equipment and materials imported for the purpose of carrying out works, supplies or services contracts, in accordance with their national legislation.
The beneficiary State shall grant, in this case, the authorisation of temporary admission, use and export of such equipment to the successful tenderer.
3.4 The imports necessary for the execution of a supply contract shall be admitted in the State of the Beneficiary with exemption from customs duties, duties of entry of tariff duties, internal taxes or taxes and tax rights having equivalent effect.
3.5 The importation of personal and domestic personal effects and objects by natural persons, and for the use of the members of their family, responsible for the execution of contracts, other than persons resident in the State of the Locally contracted beneficiary, it shall be carried out free of customs duties or of entry of tariff charges, internal taxes, taxes and other equivalent duties.
The exoneration of these duties, taxes and charges will also be granted for a car per expert, imported temporarily for the period of time of the contract. The guarantees linked to these temporary imports are provided by the State of the Beneficiary.
The exemption from these duties, taxes and charges for personal and domestic property shall be granted on condition that the period of residence is greater than or equal to one year and that a duly justified demand for exemption has been introduced to the competent authorities within 6 months of the date of arrival. However, if a contract should be terminated unexpectedly before the end of a year, the goods in question could be exported without payment of duties, taxes and charges. If they are not exported, the goods in question shall be subject to the duties, taxes or charges applicable in the State of the Beneficiary, unless expressly granted by the beneficiary State.
II. Reference to projects not financed under a specific financing agreement
Actions relating to projects not funded under a Specific Convention shall be subject to the provisions of local law.
However, the State of the Beneficiary will apply the scheme defined in paragraph I to the actions of this nature considered to be of public interest by that State.
PROTOCOL NUMBER 2
Delegate execution
In the case where project execution is delegated to a Management Unit, the following provisions apply:
I. The Coaddress
1. The Management Unit is led by a national co-director and a European co-director whose appointment and appointment is the responsibility of the parties. The two co-directors, or their delegated representatives, in the event of an impediment of the former, shall carry out their duties jointly and in solidarity, and shall sign all the technical and financial documents necessary for the execution of the project.
2. Co-management is responsible to the project's supervisory authorities, the beneficiary and the European Commission, for the general implementation of the project and in particular:
-The preparation of a General Operational Plan (POG) of activities, Annual Operational Plans (POA) and quarterly execution reports.
-The implementation of the Operational Plans duly approved by the project's supervisory authorities and the technical and financial monitoring of the project.
-The administrative management of the staff and the goods made available to the project by the guardianship authorities.
3. The Management Unit enjoys an autonomy in the operational aspects of the administrative, financial, technical and technical areas and has full control of the means necessary for the implementation of the project.
II. Signing of contracts
In cases where the contracting authority is the beneficiary, as provided for in Articles 13.3 and 14.3 of the General Conditions, the contracts shall be signed directly by the Colombian Cooperation Agency. International, a body under the Ministry of Foreign Affairs, hereinafter referred to as ACCI, and the Beneficiary. Both bodies will be jointly and severally liable for payments to contractors. As a contracting authority, the ACCI and the Beneficiary assume the rights and obligations arising from such contracts.
III. Making available the funds
For the implementation of national currency payments relating to projects covered by a financing agreement signed between the European Commission and the Government of Colombia, the provision of funds shall respect the following procedures:
1. The administration of the Community funds will be entrusted to the ACCI, a state public entity. The ACCI will therefore not be implementing or managing the Community projects.
2. The Management Unit shall act in strict compliance with the POG and POA approved by the supervisory authorities of each project, namely the beneficiary signatory to the Convention, and the European Commission, on the other hand. In this respect, it shall be the only one to request the making of payments or transfers in accordance with point 8 of this Protocol.
3. The ACCI will open for each project an exclusive account in Euros (or if not possible, in foreign currency) in which the Community funds will be deposited. Where necessary, a second account shall also be opened in the name of the project in national currency.
4. These accounts, which will be the only ones through which the Community funds will transit, will be opened in a financial institution approved by the European Commission.
5. These accounts will produce interest for the exclusive benefit of the project and will serve only to make payments requested by the Management Unit. The conversion of Euros to national currency shall be carried out at the exchange rate of the market in force on the day of the transaction.
6. These accounts can be audited by the European Community at any time.
7. The two co-directors shall open an account in the name of the project in national currency for the management of 'current' expenditure (account 'current expenditure' or 'fixed funds account'). This account will be provisioned from the general account (or accounts) of the managed project (s) by the ACCI.
8. The ACCI shall make payments or transfers exclusively at the express and written request of the Management Unit, within the framework of the division of powers defined below:
(a) Contracts shall be signed and paid in accordance with the provisions of point II of this Protocol;
(b) The Management Unit shall execute directly from the "current expenditure" account the payments relating to the expenditure referred to in point 7. The precise definition of items that can be considered as "current expenditure" shall be established at the beginning of the project and shall be reflected in the relevant operational plans;
c) The ACCI will not intervene in the execution of the project, but may request all necessary information for the effective fulfillment of its responsibilities. The ACCI shall immediately inform the supervisory authorities (Delegation and Beneficiary) of the possible existence of irregularities in any payment requested by the Management Unit.
ANNEX 2
TECHNICAL AND ADMINISTRATIVE PROVISIONS
The tables annexed indicate the amounts in force at the date of the signing of the Framework Convention and may be amended unilaterally by the Commission in accordance with the directives of the World Trade Organization. In the event of an amendment, it shall be communicated in writing to the beneficiary country.
Summary table number 1 (ALA countries)
Contracts of services awarded in the framework of decentralised tendering procedures1 2
Summary table number 2 (ALA countries)
Contracts of supplies awarded under the decentralised tendering procedures1 2
EXECUTIVE BRANCH OF PUBLIC POWER
Presidency of the Republic
Bogotá, D. C., May 15, 2000
Approved, subject to the consideration of the honorable National Congress for constitutional effects.
(Fdo.) ANDRES PASTRANA ARANGO
The Foreign Minister,
(FDO.) GUILLERMO FERNANDEZ DE SOTO.
DECRETA:
ARTICLE 1o. Approve the "Framework Convention on the Implementation of Financial and Technical Assistance and Economic Cooperation in the Republic of Colombia under the" ALA " Regulation, signed in Brussels on 17 December.
(17) October 2000, and in Bogotá, the fourteen (14) December 2000.ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Convention-Framework for the Implementation of Financial and Technical Assistance and Economic Cooperation in the Republic of Colombia" Under the terms of the "ALA" regulation, signed in Brussels on 17 October 2000 and in Bogota on 14 December 2000, 14 December 2000, which is approved by Article 1 of this Law, will force the country from the date on which it is perfect the international link with respect to the same.
ARTICLE 3o. This law governs from the date of its publication.
Dada en Bogotá, D. C., a los ...
Presented to the honorable Congress of the Republic by the undersigned Minister of Foreign Affairs.
GUILLERMO FERNANDEZ DE SOTO,
Minister of Foreign Affairs.
EXPLANATORY STATEMENT
Honorable Senators and Representatives:
On behalf of the National Government and in compliance with the provisions of Articles 150 numeral 16, 189 numeral 2 and 224 of the Political Constitution of the Republic of Colombia, I have the honour to submit to your consideration the bill by means of which the " Convention-Framework concerning the execution of the financial and technical assistance and economic cooperation in the Republic of Colombia under the "ALA", signed in Brussels on 17 October 2000, and in Bogota on 14 December 2000 (2000)
The relations between Colombia and the European Community have been governed since 1993 by the Framework Agreement for Cooperation between the Cartagena Agreement and its Member Countries, the Republics of Bolivia, Colombia, Ecuador, Peru and Venezuela. and the European Community, called the ALA Regulation.
This Agreement, which is still in force, lays down the general rules for all countries and, thanks to it, the relations of Economic Cooperation, trade and, in general, development cooperation have been created, in order to contribute to the progress of the regional organisations to promote economic growth and social progress.
The objective of the Agreement is the consolidation, deepening and diversification of relations between Colombia and the Community.
This Agreement was signed in order to achieve the fundamental objective of promoting in particular the development of cooperation in trade, investment, financing and technology, taking into account the special situation of the Andean countries. for its status as developing countries, and to promote the strengthening and consolidation of the Andean subregional integration process.
It is now necessary to conclude a specific cooperation framework agreement for Colombia, which will be an instrument for managing the European Union's cooperation for the country. The aim is to resolve the administrative and legal problems that may arise during the implementation of projects for Community cooperation.
The Framework Convention on the Implementation of Financial and Technical Assistance and Economic Cooperation in the Republic of Colombia under the "ALA" Regulation, which is submitted to the honourable Congress of the Republic, contains some rules governing the administration of Community cooperation resources. These rules will have to be adapted to the country's institutional and administrative frameworks.
The Framework Convention is broad, provides the general framework for specific agreements to be concluded for each project and its text includes the model for each of the specific conventions to be signed for delivery. Community contributions.
The text of the Convention-Framework is made up of four parts:
1. The Article of the Convention-Framework (Articles 1 to 12).
2. The model of the Specific Financing Convention.
3. Of the General Conditions (Annex 1).
4. Of the Technical and Administrative Provisions (Annex 2).
The purpose of the Framework Convention is to implement financial and technical assistance and economic cooperation in favour of Colombia to implement the programmes and/or projects financed by the Community.
The Convention-Framework sets the following:
-The consultation between the Parties making known the commitments, measures and actions they acquire.
-The award of contracts.
-The possibility of concluding Specific Financing Agreements by the Commission, acting on behalf of the Community and the Government of Colombia or the conclusion of Subsidy Contracts with international organizations, persons legal or natural, or other private entities.
-The representation of the Commission before the Government of Colombia in the head of the Head of Delegation.
-Eligible entities for community financing.
-The applicable tax regime.
-Settlement of disputes through arbitration, in accordance with the Optional Arbitration Rules of the Permanent Court of Arbitration for International Organizations and States, if they have not been resolved by agreement between the Parties within a maximum of six months.
-It is further contemplated that the provisions of this Convention may be modified by written agreement between the parties.
In Annex 1 General Conditions Title 1-Financing of the project, the financing of the Community is specified, as is the financing of the beneficiary, if necessary, and the measures to be taken in the event of insufficient funding.
An additional financing decision will be taken if it is impossible to reduce the scale of the project or to cover the financial insufficiency through the beneficiary's own resources.
In Title II, it is established that the responsibility for the implementation of the project corresponds to the beneficiary in collaboration with the Commission. The Commission shall be represented in the beneficiary State by its Head of Delegation. The provision of Community funds and the arrangements for payment are laid down.
In Title III, on the award of contracts financed by the community, it will be as a general rule that works and supplies contracts will be concluded following an open tender and service contracts after a tender restricted, in accordance with a specification applicable to them and approved by the Commission. Participation in invitations to tender shall be open on equal terms to all natural and legal persons from the Member States of the Community.
The outcome of the selection of tenders and a proposal for the award of the contract will be sent by the Beneficiary to the Commission for approval. The Commission shall act as an observer during the evaluation of tenders. Service contracts shall, as a general rule, be drawn up, negotiated and concluded by the Commission. The procedures applicable to these contracts are disclosed as well as the award criteria for which the most economically advantageous tender will be taken into account.
In Title IV, on the regime applicable to the execution of contracts financed by the community, it is established that natural and legal persons who participate in lititations and in contracts, will benefit in equal conditions, from a temporary right of entry and stay in the beneficiary country.
Taxes, duties and taxes are excluded from the financing of the Community. The beneficiary shall apply the national rules on currency exchange rates without discrimination on grounds of nationality, between natural and legal persons.
In Title V, on General and Final Provisions, a Visibility Clause will be stipulated that will be applied in the event of demonstrations, events and public events organized in the framework of the execution of the project. The Commission has the power to send its own agents or authorised representatives to all the technical, accounting and financial committees necessary to assess the implementation of the project.
As for Protocol No 1 on tax provisions concerning projects financed under a specific financing agreement, contracts will not be subject to the payment of indirect taxes. residents who execute contracts financed by the community shall not be subject to direct taxes on the performance of the contract.
With regard to projects not funded under a Specific Financing Agreement, actions concerning these projects will be subject to the provisions of local law.
As for Protocol No 2 on Delegated Implementation, the Management Unit is headed by a National Co-Director and a European Co-Director and will be responsible for the overall implementation of the project. The signing of the contracts will be carried out directly by the Colombian Agency for International Cooperation and the Beneficiary.
In relation to the making available of funds, the ACCI will not be implementing or managing the community projects. The Management Unit will act in strict compliance with the POG and POA (s) approved by the guardianship authorities of each project. The ACCI will open an exclusive euro account for the project.
The above provisions provide a general framework for the management of the cooperation that will be received in the future by the European Community.
Finally, it should be specified that this Convention was concluded pursuant to Article 224 of the Political Constitution, or that it is being applied provisionally from the time of its signature, in accordance with the provisions of paragraph 3 of the Article 10 thereof.
For the reasons set out above, I would like to ask the honourable Congress of the Republic to approve the "Framework Convention on the Implementation of Financial and Technical Assistance and Economic Cooperation in the Republic of Colombia" "The Council of the European Union", signed in Brussels on 17 October 2000, signed in Brussels on 17 October 2000, and in Bogota on 14 December
.Of the honorable Senators and Representatives,
Guillermo Fernandez De Soto,
FOREIGN MINISTER.
1998 Law 424
(January 13)
By which the international conventions signed by Colombia are ordered to follow.
COLOMBIA CONGRESS
DECRETA:
ARTICLE 1o. The National Government through the Foreign Ministry will submit annually to the Senate and Chamber of Foreign Relations Committees, and within the first thirty days of the period after the This is a detailed report on how the existing International Conventions signed by Colombia are being complied with and developed with others.
ARTICLE 2o. Each dependency of the National Government charged with implementing the International Treaties of its competence and requiring reciprocity in them, will transfer the relevant information to the Ministry of Foreign and East relations, to the Second Commissions.
ARTICLE 3o. The full text of this law shall be incorporated as an annex to any and all International Conventions that the Ministry of Foreign Affairs presents to the Congress.
ARTICLE 4. This law governs from its enactment.
The President of the honorable Senate of the Republic,
AMILKAR ACOSTA MEDINA.
The Secretary General of the honorable Senate of the Republic,
PEDRO PUMAREJO VEGA.
The President of the honorable House of Representatives,
CARLOS SQUIRLA BALLESTEROS.
The Secretary General of the honorable House of Representatives,
DIEGO VIVAS TAFUR.
REPUBLIC OF COLOMBIA-NATIONAL GOVERNMENT.
PUBLISH AND EXECUTE.
Dada en Santa Fe de Bogota, D. C., on January 13, 1998.
ERNESTO SAMPER PIZANO
The Foreign Minister,
MARIA EMMA MEJIA VELEZ.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., May 15, 2001.
Approved. Submit to the consideration of the honorable National Congress for constitutional effects.
(Fdo.) ANDRES PASTRANA ARANGO
The Foreign Minister,
(FDO.) GUILLERMO FERNANDEZ DE SOTO.
DECRETA:
ARTICLE 1o. Approve the "Framework Convention on the Implementation of Financial and Technical Assistance and Economic Cooperation in the Republic of Colombia under the" ALA " Regulation, signed in Brussels on (17) October 2000 and 2000 in Bogota, 14 December 2000, 14 December 2000,
14 December 2000.ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Convention-Framework for the Implementation of Financial and Technical Assistance and Economic Cooperation in the Republic of Colombia" Under the terms of the "ALA" Regulation, signed in Brussels on 17 October 2000 and in Bogota on 14 December 2000, 14 December 2000, which is approved by Article 1 of this Law, will force the country from the date on which it is perfect the international link with respect to the same.
ARTICLE 3o. This law applies from the date of its puplication.
The President of the honorable Senate of the Republic,
LUIS ALFREDO RAMOS BOTERO.
The Secretary General of the honorable Senate of the Republic,
EMILIO RAMON OTERO DAJUD.
The President of the honorable House of Representatives,
WILLIAM VELEZ MESA.
The Secretary General of the honorable House of Representatives,
Angelino Lizcano Rivera.
COLOMBIAN REPUBLIC-NATIONAL GOVERNMENT
Communicate and comply.
Execute, upon revision of the Constitutional Court, in accordance with Article 241-10 of the Political Constitution.
Dada en Bogotá, D. C., 10 July 2003.
ALVARO URIBE VELEZ
The Deputy Foreign Minister, in charge of the functions of the Office of the Minister of Foreign Affairs,
Clemency Forero Ucros.
