155/1999 Coll.
The COMMUNICATION FROM the
Ministry of Foreign Affairs
Ministry of Foreign Affairs declares that on 15 December. September 1994 was in
Prague signed the framework agreement on financial cooperation between the Czech
Republic and the European Investment Bank.
The agreement gave its assent, Parliament of the Czech Republic. The President of the
the Republic has ratified the agreement.
Agreement entered into force, pursuant to article 16 of 30 May.
November 1995.
English translation of the agreement shall be published at the same time. In the English text of the agreement
You can take a peek at the Ministry of Foreign Affairs and the Ministry of
finances.
THE FRAMEWORK AGREEMENT
on financial cooperation between the Czech Republic and the European investment
Bank
This agreement is concluded between the Czech Republic represented by the Ministry of
Finance, having its registered office in Letná, Prague 1, 118 10 15, Mala Strana,
represented by the Minister of finance Mr Ivan Kočárníkem on the one hand, and
The European Investment Bank with its head office at no. 100, Boulevard
Konrad Adenauer, Kirchberg, Luxembourg-Grand Duchy of Luxembourg,
represented by the Vice President of the European Investment Bank, Mr Wolfgang
Rothem continues to be known as the "Bank" on the other side.
Due to the fact that:
And Decision of the Council) in the framework of the European Union of 13 June 2002 December 1993 and
Decision of the Governing Council of the BANK on 2 December. May 1994 (hereinafter referred to as
"The decision"), authorize the disclosure of loans from its own resources for projects
in the countries of Central and Eastern Europe (Poland, Hungary, the Czech Republic,
The Slovak Republic, Romania, Bulgaria, Estonia, Lithuania, Latvia and
Albania), the Bank is willing to participate in the financing of investment
projects that meet the usual criteria for lending from its
own resources;
(B)) based on the decision of the Bank is empowered to grant an amount up to
ECU 3 000 million for such projects in Poland, Hungary, the Czech
Republic, Slovakia, Romania, Bulgaria, Estonia, Lithuania,
Latvia and Albania for a period of three years from 23 November 1996. in December 1993,
without the allocation of the amounts mentioned in advance between these countries, in the form of
the BANK provided loans from its own resources. If the end of the
the specified time period, they reach the loans granted by the BANK no longer
the said total amount will be automatically extended for a period of three years
six months; and
(C)) Mentions further made about "borrowing" and "funded projects"
refer to loans granted and BANK-funded projects in the framework of this
the agreement;
now the parties have agreed that the following:
Article 1
The loan will be used to partially finance specific investment
projects that meet the usual criteria for borrowing from its
own resources and that are presented to the BANK either by authorized agencies
The United States and or with their consent.
Article 2
Projects will be assessed in terms of suitability, and loans will be
provided in accordance with the detailed rules, conditions and procedural
proceedings contained in the Statute of the Bank.
Article 3
In determining the terms of maturity of the loans the Bank will be based on the
Economic and financial data of the project under consideration. Interest rates and
requirements will be determined by the BANK in accordance with its usual
practice.
Article 4
Loans granted by the BANK for the purpose of implementing projects can have
the form of co-financing, in particular, may participate in the loan and
development institutions of the Czech Republic, of the Member States of the European
the community, in other countries, the Commission of the European communities and
the international financial institutions.
Article 5
Czech Republic and any private, semi-public or public
legal person will have access to the lending released pursuant to this
The agreement.
Article 6
For the implementation, management and maintenance of projects which are subject to
funding under this agreement will bear the responsibility of the respective final
users.
Article 7
Participation in competitions and other procedures performed for the purpose of
How to obtain a contract on funded projects or submitted by the Bank to
It is financed, will be based on the criteria of competitiveness,
in accordance with the usual practice of the Bank.
Czech Republic will apply to contracts intended for the implementation of the
project funding such fiscal and customs measures that would have been
at least as advantageous as those that are applied to the contracts
projects financed by the most preferred national or international
organizations.
Article 8
Czech Republic undertakes to remove from taxation all payments
principal, interest and any other amounts owed by the BANK in connection with the
loans or guarantees deriving from the.
Article 9
Czech Republic agrees that during the term of the loans will ensure that
the beneficiaries of these loans and their guarantors have free access to foreign currency.
necessary for the payment of principal, interest, and other fees komisionálních.
Article 10
Czech Republic will make the greatest possible effort to ensure that the projects
financed by the BANK will benefit from at least such treatment, respectively.
the privileges, which are contained in any applicable legislation or
in a bilateral agreement on investment.
Article 11
If the loan is granted to another recipient, than the Czech Republic,
the Bank may require the granting of guarantees from the United States as one of the
the conditions for granting the loan.
Article 12
The BANK will enjoy in the Czech Republic in full legal
the competence granted to legal persons under the laws of the United States,
in particular it may be a party to legal proceedings.
Article 13
Officials of the Bank, whose work will be associated with this agreement, will be
enjoy the following privileges and immunities:
(a) immunity from legal and administrative proceedings, in respect of official
the activities carried out by them, except the cases, when the Bank of such immunity
give up,
(b) exemption from immigration restrictions or formalities applicable to
registration of aliens
(c) the same travel options as are those that are awarded
representatives and the official representatives of a similar position on the
diplomatic missions.
Article 14
The provisions of this Agreement shall remain in force until they are completely
repaid all outstanding amounts granted to finance contracts
pursuant to this agreement.
Article 15
Any and all disputes relating to this agreement, shall be submitted to the Court
the Court of Justice of the European communities.
The parties to this Agreement hereby waive any immunity or
rights against the jurisdiction of this Court. The Decision Of The Court Of
the Court issued pursuant to this article 15 will be final and binding on the
the Contracting Parties shall, without limitation or qualification.
Article 16
This agreement shall enter into force on the date of notification of the United Kingdom that
the constitutional requirements for the entry into force have been met. Czech
Republic BANK delivers a legal opinion in the matter of the proper entry into force
This framework agreement.
Introductory provisions (A, B, C), form part of this agreement.
In witness whereof the said parties have entered into this agreement in three
original copies in the English language, and each page is
initialled for the Bank Hützem, Gerhard lawyer the European investment
the Bank, and for the Czech Republic Jiří Větrovským, Director of devizově
the financial Department of the Ministry of Finance of the Czech Republic.
Signed for and on behalf of the signed for and on behalf of the
Czech Republic: European Investment Bank:
Ivan Kočárník, in r. Wolfgang Roth in r.
Deputy Prime Minister, Vice-President of the European
and Minister of finance investment bank
