Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k4590.html
Law No. 4590 Date: 30.6.2000 article 1. Turkey signed on March 19, 1999 by the — "the MEDA programme and the European Investment Bank (EIB) in the framework of the Mediterranean Countries financial and Technical Cooperation with other Financial Agreements Concerning the implementation of the framework agreement" to be approved. Article 2. — This Act shall become effective the date of promulgation. Article 3. — The provisions of this law, the Council of Ministers.
OTHER MEDITERRANEAN COUNTRIES the MEDA PROGRAMME and the EIB's FINANCIAL and TECHNICAL COOPERATION WITHIN the FRAMEWORK of the FINANCIAL ARRANGEMENTS for the IMPLEMENTATION of the Commission of the European communities CONCERNING the FRAMEWORK AGREEMENT, hereinafter referred to as the "Commission", represented by the European Community, hereinafter referred to as "community", and the European Investment Bank, hereinafter referred to as "the EIB".
on the one hand, and the Republic of Turkey, hereinafter referred to as the Turkey, the other party within the framework of the euro-Akdenizİşbirliği, including economic and social reforms, financial and technical measures to support the implementation of, that describes the conventions that are dated July 23, 1996 and Council Regulation (EC) 1488/96, hereinafter referred to as "MEDA regulation", taking into consideration;
This is within the scope of Community financial and technical cooperation and the EIB funded projects the necessity of determining the procedure for the execution of the consideration;
They agreed as follows: article 1: purpose the parties agree that, in the field of financial and technical cooperation framework agreement for the purposes of the administrative procedures set out in this framework agreement as support measures compatible with the community and the EIB funded projects have had agreed to implement.
Article 2: the CONSULTATION BETWEEN the PARTIES 1. Turkey, the best way to apply this Framework Agreement in order to take all the necessary measures and programming, annual evaluations and specific financing agreements referred to in article 3 approval of the Commission and the EIB to deal with issues, representative and coordinator of a National Coordinator will act as (Treasury or its successor).
In this context, the parties, the implementation of approved activities and mutual financial and technical monitoring purposes of cooperation, be undertaken all measures and activities will be agreed upon.
The parties, non-governmental organizations, local administrations and public sector organizations provided grants and contracts related to the consultation with each other about.
2. The Commission, the EIB, in matters concerning themselves, and opportunities provided under this Framework Agreement and the national coordinator of the best use of resources for the purpose of supply in consultation with each other.
The parties agree that, following the exchange of views on issues on a regular basis will be:-the primary development objectives adopted at the national level;
-other donors bilateral and multilateral level, in the light of the activities and other community facilities, financial and technical contribution to the community, the specific objectives and sectoral activities intensify;
-the specific objectives mentioned above or of public authorities about the Government or the policies defined by the general purposes of the programs created for the purpose of support will contribute to the achievement of measures.
Mutual consultation, financial and technical cooperation from the community, the specific objectives of the methods and the priority sectors as defined in this framework, the indicative three-year program and will focus on the annual assessments.
Mutual consultation, where appropriate also, community and/or the EIB-funded regional activities will focus on the participation of Turkey. The provisions of this framework agreement is substantially similar to the activities implemented in Turkey will be applied.
3. National coordinators, the Commission and the EIB technical and financial cooperation within the framework of arrangements for monitoring the needed each other, but never listed but not less than twice a year, the implementation of technical and financial cooperation will educate and the best way to ensure all necessary measures.
4. The parties, increasing the scope of cooperation between the community and Turkey, the community and the EIB-funded projects or activities promoting cooperation and will give you the necessary arrangements for announced.
Article 3: specific FUNDING AGREEMENTS and CONTRACTS 1. Each cooperation project approved by the Commission or activity:-either on behalf of the community, the Commission and the Turkish Government or article 7 referred to in public institutions and organizations with a Specific Funding Agreement between. A Specific Financing Agreement are an integral part of this framework agreement model of shows in annex I.
-or article 7 referred to in international organizations responsible for carrying out the project or activity, natural or legal persons or other practitioner can result in a contract with the organization.
2. The EIB by own resources (with or without interest subsidies interest subsidy) funded projects or activities within the framework of the EIB procedures and requirements for credit agreements will be made. From venture capital funded by the community and the EIB conducted and managed by the project or activities, usually with the borrower and the guarantor and is used by the EIB agreed upon within the framework of credit procedures and conditions agreements will take the form of capital or subsidiary.
Article 4: GENERAL APPLICATION TERMS of SERVICE 1. Specific Financing Agreements brought into scope with, Turkey for Community-funded cooperation projects and activities, specific Funding Agreement included in annex I shall be conducted within the framework of the general procedures and Terms.
2. financial and technical cooperation with Turkey within the scope of the mutual benefit of the Commission, the Commission and Turkey, providing technical assistance and administrative expenditure will be financed by the program and activities, as long as the contracts. For this purpose, the amounts to be determined within the scope of this framework agreement for bilateral cooperation with Turkey budgeted from the total amount payable.
3. The EIB EIB-managed or funded by the community and the project or activities annex II within the framework of the General rules and procedures contained in the Terms shall be governed by the.
Article 5: CONDUCTING the CONTRACTS as defined in article 7, the community or the EIB-funded enterprise will benefit from a cooperation project or activity, as a collaborative project or activity will be linked with natural or legal persons referred to hereinafter "contractor"; job, you will be able to supply or service contracts.
Article 6: The PRESIDENT of the Commission REPRESENTATION in Turkey, sound financial management principles and the provisions of this Framework Agreement, within the framework of technical and financial cooperation will be responsible for the implementation and monitoring of National Koordinatörle will be represented by the head of Delegation together.
Article 7: community FUNDING to BE COMPETENT Community and AYBtarafından will benefit from the activities of the organizations funded; State, regions, local authorities, government agencies, regional organizations, local or traditional communities, professional bodies, private operators, cooperatives, has the communities have legal personality, associations, foundations and non-governmental organizations.
Agreement between the parties is determined by other agencies also will be competent.
Article 8: TAX and CUSTOMS PROVISIONS 1. Turkey will be paid in taxes, duties and other obligations, cannot be satisfied by the Community funds. 2. Community-funded contracts tax and customs in Turkey by the provisions relating to General principles and Specific Financing Agreement to these terms. Turkey, the application of which is to ensure timely and effective implementation will take all the necessary measures.
3. The EIB by the framework agreement based on the packaging in contracts for Additional II, Turkey the said Annex II located in the tax and customs obligations.
AYBtarafından the project or activities funded and/or interested in the contract, for the provisions of the tax imposed by Turkey, has been described in annex II of this framework agreement.
Article 9: exceptions cannot be considered arbitrary or privilege, or hidden in international trade will create enforcement to prevent, nothing contained in this framework agreement, the parties, based on national security and protect the interests of public order, to take the measures necessary to ensure the blocking will not be interpreted in such a way.
Article 10: "DISCREPANCIES" on the one hand, community and/or the EIB, and on the other hand, the implementation of the framework agreement between Turkey, any dispute between the parties, within a reasonable period of time, in the case cannot be resolved through negotiations, "international organizations and States to Permanent Court of Arbitration Optional Rules covering Hakemliğin" shall be resolved through arbitration in the framework.
Article 11: ENTERING into FORCE and EXPIRATION 1. This framework agreement, from the date of signing by the parties; by clicking the enter into force of completed requests or legal process; The EIB, Bankaca, Bank and terms that satisfy the framework agreement confirming the entry into force of a legal mütaalanın shall enter into force following the receipt from Turkey.
2. the result of the negotiations, Each party a written notice may be attracted to this Frame with the Treaty.
In this case, the force of this framework agreement, in this context, the specific financing deals or agreements will continue to apply in terms of obligations.
3. Annex I (Model procedures and Specific Financing Agreement and General Terms) and annex II (General rules and procedures For the activities in Turkey the EIB Terms) is an integral part of this Framework Agreement.
Article 12: AMENDMENTS under this framework agreement, the parties may be amended by mutual written agreement from through.
Article 13: MASTERS DEFINE as three copies of This framework agreement, English and Turkish languages.
In case of different interpretation, the English text shall prevail.
..........,.............., on behalf of the European Investment Bank on behalf of the community on behalf of the Republic of Turkey e. CİOFFİ, m. KNETSCH m. PADOVAN m. Allen KAUL General Manager Director General Directorate General I/B, annex I and the EUROPEAN COMMUNITY 19.3.1999 7.9.1999 17.9.1999................................ The SPECIFIC FINANCING AGREEMENT between the project name, project number SPECIFIC FINANCING AGREEMENT........., which is represented by the European Commission (hereinafter referred to as the "Commission") represented by the European Community (hereinafter referred to as the "community") that represents the on one side, and........, represented by ... ... ... ... hereinafter referred to as "user", on the other side, within the framework of Euro-Mediterranean cooperation in order to support economic and social reform for the implementation of the financial and technical measures in effect on July 23, 1996 and Council Regulation (EC) 1488/96, hereinafter referred to as "MEDA regulation", when placed into effect;
Financial and technical cooperation under the MEDA Programme implementation in between the community and Turkey ... has concluded a framework agreement on the Specific Financing Agreement, "said the project's funding....... date approved by the Commission, has provided the National Coordinator's approval, have agreed as follows: article i: FINANCING AGREEMENT specific FRAMEWORK AGREEMENT 1. Article 2 defined the project...... the date of the Commission and the Turkish Government by Financing Agreement envisaged by the Framework Agreement, this Specific, hereinafter referred to as the Special Agreement, and annex I of this Special Agreement are an integral part of General procedures and Requirements specified in 1 with Annex 2 will be carried out in accordance with the terms specified in the Technical veİdarî.
2. this Special deal, and Technical and Administrative Requirements; General procedure and amended the terms of or, and in case of disputes, the first of which carries the upper hand.
Article 2: the NATURE of the ACTIVITY and the PURPOSE of the Commission the following Annex I defined technical and Administrative Terms in 2, below mentioned project, referred to as the "Project" will contribute to the funding in the form of a grant: project number: Name: article 3: the FINANCIAL COMMITMENT of the Community financing COMMUNITY........... ecu * (in writing) shall not be more than, This exclusive agreement.......... (while) will apply to.
The financial commitment of the community........... ' will protect the legally binding until.
Fact situations and National Coordinator concurred with the Commission in the case of expulsion of a proper justification by the user that can change the date of the last execution of the obligations.
Article 4: ... the user USER COMMITMENT project..... ecu (in writing) shall not contribute more than.
The user's contribution to all or part of the real estates, it should be noted that in this particular Agreement.
Article 5: CORRESPONDENCE correspondence about the execution of the agreement, This Special project number and name should be forwarded to this address with the postponement: (a) the Chairman of the Commission of the European communities for the EUROPEAN COMMUNITY Representation (address) (b) user (delegate's name) (address) all correspondence will be sent to the national coordinator of the copies.
Article 6: MASTERS DEFINE This Special Deal, two copies of the Commission a copy of a copy for the user, and also in four original copies to the National Coordinator.
Article 7: ENTERING into FORCE and EXPIRATION of This Agreement, on the date it was signed by the parties and shall enter into force after completion of the legal process.
Each party declares that the negotiations between the parties may terminate the contract of the Private. Depending on the situation, the National Coordinator by the Commission or by the Commission, they should be written notice to the National Coordinator.
In this case, special measures in progress Agreements will continue to be valid for.
SIGNATURES in witness thereof the undersigned representatives, as proof That this sign the special agreement.
On BEHALF of the EUROPEAN COMMUNITY Signature date Signature on behalf of the NATIONAL COORDINATOR on BEHALF of the USER.......................
Date Signature annex I annex I General terms and Procedures: 1.2: Technical and administrative Terms GENERAL TERMS and PROCEDURES TITLE 1 Annex I-PROJECT FINANCING article 1 set out Specific Financing Agreement the COMMUNITY COMMITMENT project financing: the amount of the Community financial contribution will show the upper bound of the collection.
The performance of Specific financial commitment of the Community Financing Agreement is subject to the time limit set for the project.
Article 2: the USER'S COMMITMENT in the implementation of the specific Financing Agreement from the project if a User participation, use of the Community contribution, the user will be linked to its obligations.
Article 3: EXCEEDING the COST exceeding the cost estimate of the project contract is made or the amount of the contract exceeds the initial estimate or budget.
Exceeding the cost, at the same time, a contract or an increase in business volume during the estimate, or a change or correction to be done on the project, known or anticipated impact of price changes shall be taken into account, contract, or guess, unexpected expenses, including money for more than what is provided with the reason the charge.
The costs shall be borne by the user exceeded.
Article 4: the possibility of overcoming the costs EXCEEDED the COSTS to BE BORNE by the user, and to notify the Commission that national coordinators. National Coordinator, his memorandum to the Commission, User, volume of reduction of the project or the use of its own resources or other resources, in order to meet the costs that exceeded decided to notify measures.
The volume of the project küçültülemezse, the user's own sources or exceeded costs or cannot be met from other sources, the Commission exceptionally, with National Coordinator and reported in accordance with the request of the User usulune, you can accept to complete the Community financing. It accepts, Community rules and more costs, the procedures will be determined by the Commission without violating an additional financial contribution will be funded with the release.
TITLE II-IMPLEMENTATION article 5: GENERAL PRINCIPLES, the specific Financing Agreement in accordance with the provisions of the project, will be implemented by the user in close cooperation with the Commission.
Article 6: implementation of Specific Financing Agreement purposes and the HEAD of the REPRESENTATION of the Commission authorized to carry out the task of the unit within the scope of the Fund, the President of the Republic of Turkey will represent the Commission Representation.
Article 7: USES 1. The user Specific Financing Agreement, the Commission projected spending by return will approve and allocate committed will apply.
User financially and in general the final payment date in respect of the implementation of the project throughout the next 5 years will be responsible to the Commission.
The user, this means that at the same time, will maintain all accounts and supporting documents.
2. payments other than the user's currency Commission accounts directly. The National Coordinator will be notified of such payments.
3. the national currency of the user payments, ecu Central Bank account in Turkey will open, and on the instruction of the National Coordinator, immediately, a Commercial Bank in Turkey, in the ecu, on behalf of the Commission will be credited to an account. This account will be held for direct payments to contractors and payments are to be made through an advance account cases, to individual project accounts in national currency will be used as the source of the funds. These separate accounts, will open a commercial bank in the name of tell u later.
Turkey, used the funds as appropriate, and also to ensure precautions will committed to buy.
4. for the purposes specified in Paragraph 3 of the Turkey to be done from the account opened in the Bank in Commercial traction, Commercial project accounts at the bank payment when due of the or transfer, conversion of national currency of the ecu by the user. Considered by commercial Bank debt recorded the casting date will be from the sales rate quoted.
5. the amounts in the account specified in Paragraph 3 is likely to be applied to the interest, the Commission previously subject to approval, only will be used for the project. This amount is the interest and charges related to, under a separate title must be entered in the accounts. 6. within the limits of Available funds, Commercial banks, at the request of the Commission Representative, is accurate and in order to clarify the specific Financing Agreement, after we put those Technical and Administrative Provisions in accordance with the authorized by the user or the National Coordinator and approved payments and transfers.
7. The Commission and the national Commercial Bank in Turkey, the Coordinator will send a monthly statement of actual expenditure and revenue. 8. The Commission held payments orders for contractors in a timely manner to ensure that all necessary measures are processed. Made for any reason, the validity of a payment related to the service, there is a delay in the contract be approved or processed if putting the completion, the Commission and the National Coordinator, to resolve the situation that might meet the challenges, and financial services in General, project or project can be considered as the economic way to ensure all will take the necessary measures.
Article 8: payment PROCEDURES 1. Contractors in the payments, through the ecu contracts shall be made in ecu. Through the national currency of the user contract, the payments will be made in this currency.
2. Specific Financing Agreement signed contracts on the throne, but the expiration date will be eligible for payment if sonuçlandırıldığı. The final payment for such contracts, specific Financing Agreement to the financial commitments set out in section 3 the deadline should be put into effect not later than.
TITLE III-GENERAL RULES GRANTING CONTRACTS article 9: article 12 and 13, job and supply contracts on the basis of an open call to tender and service contracts will be made on the basis of a limited tender call.
Article 10: the implementation of financial and technical cooperation under the MEDAProgramı of CONFORMITY concerning the framework agreement article 9 a, regardless of the job, supply and service contracts will open tender procedures for participation, on equal terms, all natural and legal persons of the Member States the community and Mediterranean partner countries covered by the MEDA Regulation and all will be open to national and legal persons.
Article 11: EQUALITY of the TERMS the Commission and funded by the tender procedures and the user Community work, supply and service contracts with terms equal to ensure the widest possible participation will take measures necessary.
For this purpose, the official journal of the European Communities and the user: – in the country's official newspapers and local media was a reasonable time before the tender calls;
Article 10 referred to natural and legal persons in equal conditions of participation to prevent discrimination will dispose of the application or technical terms.
Article 12: JOB and SUPPLY AGREEMENTS, Job and supply contracts, private financing is an integral part of these General Terms of contract for crops will be made on the basis of the terms of the contract are located in.
Exceptionally, in cases of emergency or required some work and requires the use of a small scale or quality of supply, the Commission's Reconciliation Commission or User, with a particular geographical area of the: – agreement covering the open tender to conclude after the call;
– to conclude after a call to the restricted tender of contracts;
– direct agreement contracts with Commission;
– through the public affairs sections of the execution of the contract;
– approve direct intake.
Article 13: TENDER FILE 1. The business and supply contracts, the tender file, for the approval of the Commission before the tender call. This is based on approval and in close collaboration with the Committee, as the user will make the official tender calls will receive and evaluate bids, and will advise the outcome of the tender procedure.
2. The Commission, tenders is opened, there will be always ready. Has the right to participate as an observer in the evaluation monitoring procurements.
3. the results of the tender evaluation and suggested the user name of the contractor shall submit for approval to the Commission. The Commission's approval of the User agreements in advance, will sign their attachments and estimates, and will advise them to the Commission and the National Coordinator. The Commission, if necessary, contracts, estimates for their attachments and also there will be commitments. These commitments, specific Financing Agreement before the field commitment.
General budget of the European Communities article 14: SERVICE CONTRACTS-infringement, irrespective of Financial need can be applied to the specific Financing Agreement stipulated by the Commission, the draft of the service contracts For preparation, negotiations and finalisation can authorize about.
Rekabetçiyi of a service contract in situations where User and require the tender Commission, considering their eligibility for the said activity, required qualifications, professional experience of the candidates and will allow them to be sure they have independence criteria using a small list will be able to agree on how to prepare.
Tender procedures can be applied to the present general terms & conditions article 11, 12 and 13. The present General Terms is included in the statement of the General requirements of the public service contracts. Article 15: APPLICABLE to CONTRACTS to be concluded by the user PROCEDURES MADE by the USER'S job, to be held for supply and services contracts will be implemented in competitive tender procedures, depending on the price of the contract, a part of the specific Financing Agreement Technical and administrative Terms are stated in part, (see. Appendix table 1, 2 and 3) article 16: SELECTING CONTRACTORS for each activity selected by the user and the Commission proposal, the cost of the work, the current charges, technical nature of the bidder and the value of the collateral and the nature of the work or supply of application and taking into consideration the economic conditions of the offer will be provided the most useful as is. These criteria must be specified in the tender call file. The user shall notify the participants in the tender the tender results.
TITLE IV-the IMPLEMENTATION of the CONVENTION article 17: WORK and RESIDENCE PERMIT Procurement procedures and job, supply or service contracts are joined by natural and legal persons due to the nature of the contract, if appropriate, the scope of the applicable law under equal conditions in the country of user temporary work and residence permit. These rights will be valid for a month after the election of the contractor.
The implementation of the Convention will serve to the contractors and individuals and their families; According to the contract for the duration of the contract and acceptance of the to-do last follows a month for will have the same rights.
Article 18: TEDARİKLERİN SOURCE Community-funded, job procurement and supply required for the execution of the service contracts, unless otherwise approved by the Commission, Article 10 should be provided from the countries mentioned.
Article 19: TAX and CUSTOMS PROVISIONS 1. Turkey should be paid in tax, customs and other fees will be met from the Community financial contribution.
2. Cooperation in Community-funded public contracts will apply the user in relation to the country's tax and customs regulations, applied to the most advantageous country or international organization, it shall not be less than the pros.
3. The above paragraphs in public contracts financed by the community, regardless of whether those provisions will apply:
3.1-contracts stipulated in the law of the country of the stamp and the User registration shall not be subject to tax. Not residing in the country of user contacts, registration cards, according to the length of stay in the country in question subject to the stamp tax.
3.2-Government, local government units, public institutions and public-benefit improvement associations funded by the community for goods, works and services will be exempted from value added tax and other similar taxes.
3.3-carrying out service contracts financed by the community, but who are not citizens of the country and not residing in this country natural persons income tax in the country of user for the duration of the contracts, or they will not be subject to tax on business capital.
Likewise, legal persons, in the country in question or central offices provided that it does not 3. 4-Job and supply contract arising from profit and/or revenue, profit and/or natural or legal persons who obtain revenues from the Users in the country is found to be of permanent organizations or Central Branch, Turkey provided the relevant double taxation agreement approved by the regulations would be taxed according to the country's tax system as User.
3.5-public job, supply and service contract is required for the implementation of material and equipment, imported pictures that can be suspended in taxes and, in a way prescribed by the laws of the user country national temporarily can be imported to this country.
User country such equipment imported temporarily, and exports back for defense contractor yetkilendirecektir.
3.6-public procurement which is the subject of the contract goods in the importing country taxes and User's picture will be imported without being subject to.
3. persons employed outside the 7-locally, natural persons responsible for the implementation of the contract (and family) will be imported for personal use and household goods temporarily imported will be exempt from taxes and received pictures. The exemption period of residence and departure at least 1 year from the date of the exemption within six months in order to be available to the competent authorities will be recognized, provided the claim. However, the contract unexpectedly a year if they complete, goods can be exported back without paying duty or tax, customs fees. They must not be exported back to the goods in question, the user is being implemented in the country, fees will be subject to fines. 3. for each expert during 8-Contract for the import of a car's picture will be temporarily exempted from the tax.
Article 20: FOREIGN EXCHANGE REGULATIONS referred to in article 10 in User countries, countries, discrimination you supervise, committed to the application of national exchange arrangements.
Article 21: the National Coordinator INTELLECTUAL PROPERTY Commission, memorandum, private financing funded under the agreement use the information obtained from the work, publishing, and reserves the right to third parties. Article 22: DISPUTES BETWEEN USER and CONTRACTOR 1. Paragraph 2, regardless of whether the implementation of a Community-funded contract between user and contractor during disputes, private Finance is an integral part of the agreement terms shall be resolved in accordance with the procedure specified in.
2. user will come from the contractor, a final decision about a claim, demand, right or wrong before, regardless of whether the Commission is committed to reach an agreement. If passed, the Commission agreed to unilaterally by the user no financial obligation committed amounts will not be found.
TITLE V GENERAL and FINAL PROVISIONS-article 23: OPENNESS is always included in the European Community Project is maximum openness to the project by providing. Communication and information activities will be determined in close cooperation with the representation of the European Community.
Article 24: the ACCOUNTS CONTROL 1. The Commission considers it necessary to monitor the implementation of the project, technical, accounting and financial tasks related to their own proxy to undertake or its authorized representative shall have the right to send them.
2. establishing the European Community the agreement in the fulfillment of its obligations under the Court of accounts and accounting records, and all other documents relating to the financing of the project, if necessary, on the basis of supporting documentation, shall have the right to take full control of it in place.
3. The Commission or the Court of Auditors by delegations or delegates appointed for the project national coordinators and the user will be notified.
4. The user is in this direction;
providing requested information and documents and this will facilitate the work of persons undertaking controls measures committed to take.
In collaboration with the delegation, and in accordance with the most appropriate accounting application, local spending, along with supporting documentation, specific Financing Agreement, financed by business, supply and services at six to determine the required files and records.
– The Court of Auditors, European institutions establishing agreements, given to him in order to fulfill their responsibilities, will allow you to place the project's accounts if necessary, inceleyebilmesini.
The Court will make the country the User reviews, the competent authorities in the country in question will require reconciliation.
While conducting these reviews, Court of accounts, the user is obliged not to edit the application, depending on the provisions governing the participation of only the Community applied to the controller will verify the edits. – The Commission under Specific Financing Agreement of representatives of funded measures accounting records or other documents about inceleyebilmesini and the Court of Auditors with regard to the Community Fund will help monitor the use made. Article 25: CONSULTATION 1. The implementation of the specific Financing Agreement and will be born during the interpretation of issues, National Coordinator, the user and the Commission will consult. These consultations, if necessary, amended the specific Financing Agreement can result in to. 2. in the case of a violation of a Specific Financing Agreement stipulated obligation the Commission, after consulting the National Coordinator and the user can stop the financing. 3. with the approval of the user, the Commission and the National Coordinator can be pulled from the project in whole or in part.
4. cessation of financing by the Commission or the withdrawal of a user from a project in whole or in part, with an exchange of letters between the parties will be notified. Article 26: DISPUTES article 25 (1) with the consultation within a reasonable period of time set forth in the specific Financing Treaty arising disputes that cannot be resolved, international organizations and States to Permanent Court of Arbitration Optional Rules covering Hakemliğin within the framework of Arbitration will be resolved through. Article 27: notifications-ADDRESSES between parties communications and agreements, giving the project number and name will be recorded in writing. The Governor's address will be sent a letter. In case of emergency, fax, telegram or email, the recipients will be available provided that to be confirmed letter promptly. Addresses will be stated in the Specific Financing Agreement.
Technical and administrative Terms, according to Attached Tables Ito Directives Adaptable.
Table: 1-a (MEDA) ACCEDED to the OUTSIDE for a COUNTRY that is NOT a MEMBER of the SERVICE CONTRACT Contract amount (x) ecu 12 0000 12 0000 in x < < x < 70 0000 70 0000 137 000 < 137 000 x > < x Fitness community, the countries of the MEDA the MEDA countries Community community, the countries of the MEDA the MEDA countries Community procedures, Direct Agreement Policy: contracted operation principle: local media released by principle: the tender is less than 6 months long limited call Changes is restricted, the tender: call the framework Convention Changes published in the Official Gazette tender : duration is less than 6 months. the design of the framework Convention the contract announcement and calls are invoked or 1 or more policies in the tender: at least 3 Policy: at least 5 company Policy: the number of Changes that are referenced at least 8 company: duration is less than 6 months, changed: If less than 6 months long Framework Convention framework Convention on Contract Authority Delegation concurred with the Tender file: IB-E/2 approval of contract authority Operational Directorate participation in reconciliation with the IB-E/2 as an Observer Delegation of contract award contract Authority delegation's participation as an Observer Delegation as observers
with the participation of the contract the Evaluation Committee decided to Contract the contract Committee with participation contract Committee with Authority to the owner of the lowest bid Commission's contract with the reconciliation Delegation (IB-E/2) is given the contract authority Delegation the reconciliation reconciliation with contract authority contract authority with Or: IB-E/2 Contract Contract authority Contract authority by Policy: after the contract is signed by the contract Before by the Authority signed a contract signed by the contractor the contract signed
the contract change: IB-E/2 by changed: IB-E/2 signed contract Contract contract signed by Authorities: the Project Management Units, Buyers Table: 2 (MEDA) AS a NON-MEMBER COUNTRY for the LOCAL SUPPLY CONTRACT CONCLUDED in the contract amount (x) ecu 5 0000 5 0000 25 0000 25 0000 < x x x < < < 137 000 x > < 137 000 no Community Resource resource-related rules, the countries of the MEDA countries community, MEDA community, MEDA countries Direct Direct agreement contract Procedure Policy : local media released the tender by international call-Official tender restricted call newspapers and local media released (with the Center's advance mutaba-solid): invoked or limited tender call Tender 1 or more at least 3 principle: open Changes: at least 2 in the number of Open referenced at least five from the collection will be sent to the File will be sent to the File after the call to the company submitting the tender delegation delegation Delegation Commission approval is required if the Tender file (Center) participation as Observer Delegation of contract award contract approval Authority Contract Authority with the participation of the Delegation to join evaluation of the Evaluation Committee who have the right to pursue-icing Committee Decision by Contracting Authority Contract authority Delegation concurred with the Center's reconciliation agreement contract with authority: If the proposed contractor has given the most authority, low bid and the amount does not exceed the limits of the budget Or Contract authority Contract authority: the central Contract by contract authority, then the contract is signed by the contract signed by the contractor signed signed by The Commission (Central) tara-contract copy and copy and related documents are approved, then the contractor the contract documents related to fından filed by agreement be filed can participate if countries: MEDA Regulation, article 8 (1): Mediterranean partners Table: 3 (MEDA) AS a NON-MEMBER COUNTRY for a LOCAL EMPLOYMENT CONTRACT CONCLUDED Contract amount (x) in the ecu 100 0000 100 0000 500 0000 500 0000 x x x < < < < < 5 0000 0000 x > 5 0000 0000 in the tender call limited Tender Procedure Direct deal call-local media released the tender international call-Official newspapers and local media called the tender or at least 3 of publication 5 the number of Open Tender call is sent to the referenced company sent File is sent the file submission File delegation delegation delegation is required the approval of the Commission the Commission's approval to file the tender required the Commission's approval is required (Center) confirming participation (delegation) (delegation) as an Observer Delegation of contract award contract Authority Delegation join as an Observer Delegation to participate as an observer-evaluation by the Evaluation Committee who have the right value-have the right to attend the Evaluation Committee for the Committee Decision Cantonese ma Contract Authority Delegation Delegation : If the proposed contractor holds Center has given the lowest bid and budget does not exceed the limits of the contract authority, Contract authority, or by Contract: contract authority, then the contract is signed by the contract signed by the contractor, the Commission signed signed by (Center) tara-contract copy and copy and related documents are approved, then the contractor the contract documents related to fından filed by filed ANNEX II agreement signed TURKEY BETWEEN the European Community and the EUROPEAN INVESTMENT BANK EIB's THREE-SIDED FRAME AGREEMENT for General requirements for its activities in Turkey article 1 identifies the terms general terms: "user"; the present General Terms benefits from funding provided by the EIB in accordance with, (EIB EIB guarantors or joint debtors, debtors, the owner of a funded project, including) means the natural or legal person;
"project": the Bank has provided financing either directly or through an intermediary and the following criteria means that any investment project;
(I) to take place on the territory of Turkey or Turkey of financing provided by the EIB in the lands, and (ii) financing the realization to Turkey or the Turkish Government requested by the scope of these General Terms or the project, the acceptance by the Turkish Government, including "tax"; all kinds of national, regional or local taxes; financial liabilities, fees, or other means.
Article 2 the EIB EIB Activity, Turkey, on the territory of Turkey and the laws and regulations in force in the throne through all vehicles permitted borrowing predicted the status, including all activities you can play freely. Based on the evaluation of a particular project, to support credit project and guarantees to whether to decide the terms of the loan. Article 3 General Terms EIB EIB projected activities, This Taxation to accrued interest, kârpayı and all other payments, also EIB assets and revenues, will be exempt from all taxes. The EIB's general conditions due to any purpose prescribed by the linked activities, the EIB or any entities will not be taxable.
Turkish tax law, EIB, of course with the usual activities in Turkey with financial institutions not directly related, the process of liquid investments taxation laws and regulations in force in Turkey. Article 4 Exchange pursuant to these General Terms and the validity of the Transfer of funds concluded during any financial activity in Turkey: (a) (I) relating to any project users, credit and capital subsidiary obligations in respect of all amounts to be paid to the EIB in time required for payment, the national currency of the amounts of Turkey, the current market exchange rate with respect to any fully convertible by using çevirebilmesini; and (ii) that any sums to be transferred immediately and freely, actually; at the highest level.
(b) (I) EIB loans and participate in these types of payments are reaching to the EIB or any other way, Turkey's national currency amounts using the current market exchange rate if any full convertibility of the currency çevirebilmesini and the EIB in this way the translated amounts to transfer immediately and freely, actually; or (ii) with the EIB's preference that will allow you to freely within the borders of Turkey available monies.
Article 5 the maximum Surveillance pursuant to this agreement, Turkey, Treat the EIB funded projects and execution of contracts, especially for tax and customs regarding the Customs Union created out of the deal, any similar issues funded by the International Finance Corporation, or international treaties or agreements, the project is less than the non-treatment the treatment applied to benefit from the pros. Article 6 public procurement EIB financing of projects from time to time, the Bank was in effect of contracts in accordance with the rules and procedures in order to participate in competitive tendering and other procedures can base conditioned.
Article 7 EIB Status and Treatment (1) the EIB, particularly contract, on the territory of Turkey, portable and immovable property acquisition and disposal and legal cases and legal license be in covering all sides will have guns.
(2) the activities of the EIB, on the territory of Turkey, similar activities in terms of the maximum privileges recognized international financial institutions; or similar activities, as the case may be, within the framework of any international agreement is the most privileged will have shown the treatment.
(3) the EIB, in accordance with the laws and regulations of the Turkish national financial markets can enter freely in Turkey and their tax treatment of bonds and securities, including provisions relating to at least the maximum privilege recognized international financial institutions will be the recognized privileges.
Article 8 Privileges and exemptions (1) EIB's assets: (a) research and all types of expropriation;
(b) the competent courts by the EIB cannot be final and appeals decision given against the stipulation tax and other payments will be exempted from an obligation or lien.
(2) the implementation of this agreement or the EIB Representatives conducting the work on at least the following exemptions and privileges should be recognized: (a) the EIB's waiver except in case of exemption, on the basis of the official identity of the action they perform legal and administrative lawsuits exemption;
(b) the sending of documents and official communications, official travel and diplomatic privileges provided by Turkey for convenience.
Article 9 recognition of Decisions Regarding Its Funding Uyuşmazlıklara
Turkey, national rules and procedures within the EIB and financing of a project between a user or venture capital investment in the event of any disputes, the issues of Europe Topululukları Court of Justice of the European Community Member States or of one of the national court, the Court of arbitration or an authorized by the edicts and appropriate means to comply with the final decision. Article 10 the present general terms, the EIB (1) Subrogation rights granted to the EIB by the European Community on their own behalf and in accordance with this agreement they concluded regarding the credit guarantee and insurance within the scope of his payments, according to the situation of the European Community Envoy, or subrogation as authority can be used by the European Community.
(2) the EIB has been granted in accordance with this general terms of debt related to a warranty or insurance contract within the scope of the losses have been compensated or indemnification, the EIB within the framework of this agreement by the otherwise can be compensated for any damage compensation claim will not be argued against.
Article 11 Cooperation discussed this agreement in relation to the particulars of the measures taken or proposed to be taken, or Turkey, EIB as affecting the rights or interests of any other reasonably expected financial status, the EIB will advise in time to.
Article 12 Conflict resolved (1) the present general terms, interpretation, implementation or the existence, validity, any dispute arising from the conclusion, dispute, controversy or claim (often referred to as the "dispute"), to the extent possible, reconciliation between Turkey and will be resolved with the EIB.
(2) Turkey and between the EIB, one of the parties to the dispute within 60 days from the report cannot be resolved amicably methods, the present general terms, Between international organizations and States that are in effect on the date of Voluntary Arbitration Court For Discretionary Arbitration Rules (hereinafter referred to as "SHM rules") shall be resolved through final and binding arbitration. However, this procedure is to bring a replacement agreement.
(3) the court disputes, international financial institutions and the relationship between such organizations can be applied to all States law and traditional principles contains will fix on the basis of article 33 of the SHM.
(4) the number of Arbitrators shall be three. Officials, SHM Rules 7 and 8 shall be appointed in accordance with article. The language of arbitration procedures will be in English. Arbitration proceedings will be held in the Hague, Netherlands.
(5) Candidates appoint the Secretary General of the Permanent Court of Arbitration authorities. The International Bureau of the Permanent Court of Arbitration Arbitration Court Registry will act as the channel of communication between the Court and the parties assume the role will provide administrative services including.
(6) is not agreed Otherwise, the Arbitration Court all within 6 months of the establishment of the drawings will be made and all hearings will be completed. The Court, the decision on the final presentation is made, on or after the last of the trial will give within 6 months of the date of closing.
(7) the solution should be sought through arbitration for resolving disputes, one of the general terms, any applicable law within the framework of the current right to any privilege or exemption from the expression doesn't mean give up.
Article 13 General Terms application Communication Address parties, that can occur during communication, the following can be transmitted up to the agreed upon their addresses are: Inonu Bulvari 06510 Emek Turkey: Treasury Ankara Turkey the EIB: 100, Bd Konrad Adenauer L-2950 Luxembourg.
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