TÜRKYE LARGE MYLLET
MEDA PROGRAM AND THE EUROPEAN INVESTMENT BANKÝÞBÝRLÝÐÝNÝN
GOODS AND BOATS IN THE FRAMEWORK OF THE">COUNTRY-FREE FINANCIAL BANK
CONFIRMING FRAMEWORK UNDERSTANDING
Kanun # 4590
Accepted Date: 30.6.2000
MADDE 1. -" The MEDA Programme and the European Bank of Europe (AYB) signed by Turkey on March 19, 1999 to confirm the implementation of the Maltek and Technical Cooperation in the Framework of the Turkish and Technical Cooperation in the Mediterranean. available.
MADDE 2. - This will take effect on the release date of the Channel.
MADDE 3. - The Council of Ministers executes the provisions of this Law.
PRODUCT MEANINGS MALTEPE AND BOAT
The European Communities Commission, which is represented by the "Commission", will be described by the European Community, From now on, it will be called a "Community", and the European Bank of Yatrism, from now on "AYB".
on one side,
, and the Republic of Turkey will be understood as Turkey,
to be the other side,
Euro-Mediterranean 23 July 1996, which defines the rules for implementation of financial and technical measures supporting economic and social reforms in the framework of the Council of Directors of 1488/96, which will now be described as "META Directing". byalýnarak
This property and technical business Considering the need to determine the procedure for the execution of projects funded by the Community and the AYB;
will remain mutable in the following:
CLAUSE 1: PURPOSE
The parties are intended for the purposes of the Framework of the Framework, in accordance with the administrative procedures set out in the framework of the Charter, and the support measures and projects financed by the Community and the AYB they will be unmutabled on implementation.
MADDE 2: INTER-PARTY CONTACT
1. Turkey will take all necessary measures in the best way to implement the country's Charter, and provide the Commission and AYB for the approval of programming, annual deformations and the specific financing of the proposed specific financing of Article 3. will assign a National Coordinator (Treasury or its successor) to act as its representative and coordinator.
In this case, the Parties shall implement and financial and technical approved activities. All measures and activities to be undertaken, for the purposes of monitoring the company .
The parties will invade government, local governments, and public sector installs with each other.
2. The Commission, the AYB, will be able to meet each other in the best way to use the resources and resources associated with the National Coordinating Framework, on matters that concern them.
The parties will be on a regular basis on the following topics:
-targets of the national level accepted at the national level;
-the binary and multi-sided of the donor donors The financial and technical contribution of the Community to the level of activities at the level and other Community facilities Specific targets and sectoral activities;
-the specific targets specified above, or the purpose of supporting the government or the policies of public authorities in the regions or related regions Measures to contribute to the overall objectives of the programs.
The three-year concern program defined by the methods and priority sectors of the Community property and technical specific targets. and will continue to be selected in this frame.
The decision will also increase the contribution of Turkey to the regional activities financed by the Community and/or the AYB, when appropriate. The provisions of the Involved Framework will be conducted in Turkey for similar activities.
3. Under the regulations for monitoring the Commission and the AYB technical and financial policy, the National Coordinator will not be subject to the implementation of technical and financial services, but never less than two times a year, under the regulations for monitoring the Commission and the monitoring of the financial and financial. They will be informed and will take all necessary measures to ensure that they are executed in the best way.
4. The parties said necessary arrangements have been made to promote and publicim the Community and the AYB-funded business projects or activities to increase the scope of the community and Turkey. They will.
ARTICLE 3: SPECIFIC FINANCIAL RESULTS AND COMMITMENTS
1. Every operating project or activity approved by the Commission:
-with a Specific Financing Agreement between the Community name and the Commission and the Turkish Government or the public institutions and installations of the Turkish Government or Article 7. results. A specific model of financing is shown in the Appendix I, which is an unreserved part of the framework of the site.
-or the international installations responsible for executing the project or activity referenced in Article 7. can result in a commitment to be made with real or legal entities or other organizations.
2. For projects or activities financed by the AYB with its own resources (with interest subsidy or without interest subsidy), credit commitments will be made within the framework of the Usul and the cities of the AYB. The project or activities financed by the community at risk capital and conducted and managed by the AYB, usually used by the AYB, and in the framework of the usul and the guarantor which are agreed upon by the guarantor, or the credit statements. the capital is credited.
CLAUSE 4: GENERAL APPLICATION.
1. Scoped with the Specific Financing Affairs, the project and activities funded by the Community for Turkey will be carried out within the framework of the General Usul and the February framework in the Specific Financing Deal.
2. Under the scope of the financial and technical cooperation with Turkey, the Commission can make commitments as long as the programme and activities to be financed by the Commission and Turkey are to be financed by selling technical assistance and spending administrative expenses. The amounts to be determined for this purpose will not be determined from the total amount budgeted for the bilateral relationship with Turkey under the framework of the framework.
3. The project or activities that are financed by the AYB or the Community and managed by the AYB will be carried out within the framework of the General Usul and the February framework of Appendix II.
MADDE 5: YAPILMASI
As defined in Article 7, you will benefit from a project or activity that will benefit from a project or activity that is financed by the Community or the AYB, as well as a business project or activity. will be provided with real or legal entities that will then be "contractor"; it will be able to make business, procurement, or service commitments.
MADDE 6: TEMSSILDCILYALISNTEMSÝLCÝLÝÐÝN
The Commission is responsible for the implementation and monitoring of technical and financial services in Turkey, under the terms of the financial management principles and the provisions of the framework of the framework of the framework of the framework of the Charter. will be represented by the Office of the Representative.
MADDE 7: COMMUNITY FUNDEHÝL
The organizations that will benefit from the activities financed by the Community and the environment; state, regions, local governments, public setups, regional installations, local or traditional communities, profession Install, private users, cooperatives, legal communities, associations, foundation and government.
If determined by the parties, other institutions will also be able to be ehier.
MADDE 8: TAX AND CUSTOMS PROVISIONS
1. Taxes, customs duties, and other obligations to be paid in Turkey cannot be refunded by Community funds.
2. The community-funded commitments are made by Turkey, with the provisions of the tax and customs provisions, the General Usul and the February of the Special Funding Deal. Turkey will take all necessary measures to ensure the time and effective implementation of these provisions.
3. In the statements made based on the Attachment II of the AYB, Turkey will meet the tax and customs obligations contained in Appendix II of Turkey.
The project financed and/or executed by the AYB. The tax provisions imposed on the activities by Turkey are defined in the Attachment II of this framework definition.
MADDE 9: INDUSTRY
No provision in the country to create arbitrary or unacceptable discrimination or hidden obstacles in international trade, to protect any material, entities, basic national security issues found in the framework of the framework. and may not be interpreted as blocking the measures required to ensure public order.
MADDE 10: INDENTS
On the one hand, the Community and/or the AYB, and across Turkey from the other side, cannot be resolved by means of a reasonable amount of time, in a reasonable amount of time, in a reasonable amount of time, the implementation of the Charter , in the case of " The Permanent Court of the Righteous Rules For Arbitration of International Installs and States shall be resolved by arbitration.
ARTICLE 11: EFFECTIVE LEAVE AND END
1. The framework of the Charter will take effect from the date of the signing, or following the completion of legal action; for the AYB, the Bank is a legal framework that satisfes the Bank and is the effective entry of the British Charter. It will take effect from Turkey.
2. Each party may withdraw from the negotiations as a result of negotiations.
In this case, the islair Framework Means, which includes any other specific financing or commitments under the terms of the program. will continue to be implemented from the opening of the obligations.
3. Additional I (Model Specific Financing and General Usul and February) and Annex II (the General Procedural And February (s) of the AYB ' s Activities in Turkey) make an inseparable part of the framework.
MADNAME 12: TIPTYLER
The use of a border can be used by reconciliation of both parties.
MADDE 13: ASILAR
The name of the Framework is three, in English and in the English language.
If the comment is different, the English text will be valid.
Name of the European Bank
The Republic of Turkey
I/B General Manager
EUROPEAN COMMUNITY ATTACHMENT I
......... The European Community Commission, represented by the "Commission" (hereinafter), represented the European Union. Topluluðu
on one side, and
represented by the community (which will be" the Community ") from now on,
on the other side,
In effect for implementation of fiscal and technical measures to support economic and social reform within the framework of the Euro-Mediterranean on 23 July 1996 and (EC) of the Council of 1488/96, which will be understood as "META Ruler", effective;
regarding the implementation of financial and technical business under the META Program Between the Community and Turkey ......
National Approval of the project, which has been approved by the Commission on the financial disclosure of the project named after the Commission's specific financing statement,
instanceof the following:
MATTER I: FRAMEWORK UNDERSTANDING
1. The project, which was described in Article 2, will commemorate the framework and the specific framework of the Framework of Special Financing, which is an unreserved part of the Special Meaning of the Commission and the Turkish Government. The General Usul and the February 1 will be conducted in accordance with the Technical veesars specified in Annex I. 2.
2. This Special Means and Technical and Israeli Cities, which will address or complete the General Usul and February, and the first in the case of a failure.
ARTICLE 2: DISASTER AND PURPOSE
In addition, the Technical and Human (s) identified in the Technical and International February 2 will describe the project as "Project" in a contribution to the funding:
MADDE 3: THE FINANCIAL COMMITMENT OF THE COMMUNITY
The financing of the community will not be greater ........... ecu * (with print),
will apply to this Special Engagement ..........
Community to financial commitment ........... to protect the legal basis.
In business situations and the reconciliation of the National Coordinator, the Commission has the final use of these obligations if proper justification. execution date.
MADDE 4: USER ' S COMMITMENT
will not contribute more than the following to the project.
This is in Custom Expression if the usage of the user is complete or a part of the must be specified.
MADDE 5: WRITES
Related writes about executing this Business Special must be forwarded to the project's number and name of name:
(a) for the EUROPEAN COMMUNITY
Europe Communities Commission
(b) for USER
(name of agent)
All Copies of the print will be forwarded to the National Coordinator.
MADE 6: ASILAR
People will be organized into four original nuses for the two nisha Commission, one for the use of a nusha, and one for the National Coordinator.
MADDE 7 : EFFECTIVE LEAVE AND END
The following will take effect upon the date of signing by the Parties and after the completion of legal action.
Each Party is after negotiations between the Parties. Special means can be dissolved. According to the situation, the National Coordinator has been notified by the Commission or the Commission to the National Coordinator.
In this case, the Special Notice in question remains applicable to the ongoing measures. edecektir
Resignees have signed this Custom Expression.
....................... also has been done. ............................ also done.
USERNAME ON BEHALF OF THE EUROPEAN COMMUNITY
....................... also done.
Additional I. 1 : General Usul and February
Annex I. 2: Technical and Religious Areas
EK I. 1
GENERAL PROCESS AND CONDITIONS
GLOBAL I-PROJECT FINANCE
ARTICLE 1: COMMUNITY COMMITMENT
Specific Funding The project financing amount will be the maximum for the financial contribution of the Community.
The current financial commitment of the community is subject to the time specified for the project in the Specific Financing of the Specific Financing Agreement.
MADDE 2: USER COMMITMENT
The specific use of the Community contribution will result in the use of the User's obligations if a contribution from the implementation of the project is running from the use of the Community.
MADDE 3: PROPERTY OF
If the cost of a project has been made or an estimate of a project has been specified, it will result in a loss of promise or allocation of the estimate.
The cost of the cost is not at the same time, by taking into account the impact of a statement or estimate, an increase in the volume, or the expected impact of the fix, or the expected impact of price deities, or the expected impact of price deities. On the forecast, including unexpected expenses, It will also have to cost more than it has been.
will be used by the following costs.
ITEM 4: GETTING STARTED
Reaction costs If it is possible, it will notify the National Coordinator and the Commission. The National Co-ordinator said the Commission has decided to take measures to ensure the costs of the use, by its own reconciliation, by reducing the volume of the project, or by using its own resources or resources. notify.
If the volume of the project cannot be scaled down, or if the costs are not being made from their own resources or resources, the Commission will, in exception, use the National Coordinator's reconciliation and use of the User's Office. with Community funding, at the request reported in the proper can agree to complete. If they agree to this, excess costs will be financed with the release of an additional financial contribution to be determined by the Commission, without violating the relevant Community rules and procedures.
MADDE 5: GENERAL ISRAEL
The project will be implemented by the Commission in accordance with the provisions of the Specific Financing Statement.
MADRID 6: TEMPESTCLIT
MADDE 7: USERS
1. The Client will approve and apply the expenditures stipulated in the Specific Financing Engagement, as well as from the Commission's committed allocation.
5 years after the financial disclosure and the last payment from the last settlement date of will be responsible for the implementation of the project throughout the course of the project.
The user will retain all accounts and supporting documents during the same period of time.
2. On payment of a currency, the Commission will close the accounts from the account. Such payments will be reported to the National Coordinator.
3. In the national currency payments, an account in eucu will be opened in the Central Bank of the Republic of Turkey, and upon the instructions of the National Coordinator, an account is immediately given to the Commission on a Trade Bank in Turkey, in terms of eccu. It will be transferred. This account will be used as a source of national currency for the month-to-month project accounts, and in cases where payments will be made available through an Advance account, for payments from contractors and payments. These separate accounts will be opened in a commercial bank in the name of the porje.
Turkey commits to taking necessary measures in order to ensure that the funds are not used properly and at time.
4. The checks, which will be made from the account opened in Turkey's Commercial Bank during the purposes set forth in Paragraph 3, are the national money of the user, whether payments or transfers will be made to the project accounts in the Commercial Bank. to be converted to its unit. The cycle will be from the sold line at the time the loan is charged by the Trade Bank.
5. Possible interest to be applied to the amounts found in the accounts specified in Paragraph 3 will be used only for the project, subject to the Commission's prior approval. The interest and costs associated with these amounts must be entered into a separate step within the accounts.
6. Within the available funding limits, the Trade Bank will use, at the request of the Commission Representative, after the request, and in accordance with the Technical and Human Provisions of the Specific Financing, after the request, upon which the request was duly and duly appropriate. It will make authorized and approved payments and transfers authorized by the National Coordinator.
7. The Trade Bank in Turkey will send operational notice to the Commission and the National Coordinator.
8. The Commission will take all necessary measures to ensure that the orders of payments for the contractors are put in place at the time of their orders. If the validity of a payment for services that have been made for any reason is in jeopardy of the completion of a delay in the confirmation or execution, the Commission and the National Coordinator are resolved to resolve the situation. It will take all necessary measures to address the financial challenges that may arise, and in general, to ensure that projects or projects are fully economically acceptable.
ARTICLE 8: PAYMENT PROCEDURES
1. The payments to the contractors will be made in terms of econcication of those who are regulated over the eucu. Payments will be made in this currency if they are regulated over the national currency.
2. Any commitments signed in the specific Funding Agreement will be eligible for payment only if it has been concluded before the expiration date. For such commitments, the final payment will be effective no later than the deadline set for the financial commitments in Item 3.
CLAUSE 9: CLAUSE 9: GENERAL RULE
Some of 12 and 13 are open to open tenders, and service commitments will be made to the auction, some of which are open to tender.
MADDE 10: ComplianceMadde
The implementation of a framework for the implementation of the financial and technical business under the METAProgram will result in tender procedures to be opened for business, procurement, and service commitments, with the results, It will be open to all real and legal entities of the member states and to all the national and legal entities of the Mediterranean common areas and the countries covered by the MEDA Redirection.
MADDE 11: ÞARTLARIN
The precautions required to provide the most current level of experience possible with the Commission and the Community-funded tender procedures and business, procurement, and service commitments payee.
For this purpose:
-the Official Gazette of the European Communities and the country's Official Gazette and local press will release the RFx effort before a reasonable amount of time;
Actual and legal entities found in Article 10 have multiplicity multiplicity of business. to prevent the application or technical development.
MADDE 12: IVE AND SUPPLY COMMITMENTS
Business and supply commitments will be based on the promise of a Remarketer of the Special Financing Promise.
Israeli , with the reconciliation of the Commission, with the reconciliation of the Commission, in case of immediate or necessary circumstances, or requiring small-scale or qualifications of some of the procurement, the Commission or the User,:
-covering a specific area of the words the result after the power was made to the RFx;
-the part of the commitments made after the execution of the RFx;
-resulted from the default of the words;
-the public works sections of the commitments execute;
CLAUSE 13: ALLEYFILE
1. For business and procurement commitments, the User will submit the award files to the Commission ' s approval before the tender effort is made. Under this approval, and in close proximity to the Commission, the User will conduct a tender offer, officially receive and depress bids, and notify the outcome of the tender procedure.
2. The commission will always be available when tenders are opened. It has the right to contribute to the debatition of the Entitlements as an observer.
3. The user will submit the results of the award and the proposed contractor's name for approval to the Commission. Pre-approval of the Commission will sign the Users ' attachments and forecasts, and report them to the Commission and the National Coordinator. If necessary, the commission will make commitments to the attachments and forecasts for the following, if necessary. These commitments will precede the commitment of the Specific Financing Agreement.
ARTICLE 14: SPEED COMMITMENTS
The requirements of the applicable Financial Regulations to the European Communities ' general budget If the Commission is deemed clear by the Specific Financing Side, the Commission may authorize the draft of the User's services to be prepared, deliberations, and concluded.
A service The competition is required to award the competitiveness of the In cases of the past, the User and the Commission will use the criteria to ensure that candidates are confident they have the required qualifications, professional experience, and ensure they have the right to be. The list is to be prepared.
The applicable tender procedures are specified in the general public February 11, 12, and 13. Public service commitments that are included in the above General Center will be applied to the public.
ARTICLE 15: PROCEDURES TO APPLY TO USER-MADE COMMITMENTS
Will be concluded by using The procedures to be implemented in competitive tenders for business, procurement, and service commitments are specified in the Technical and International section, which is a part of the Specific Financing Deal, as part of the commitment of the word. (see Appendix Table 1, 2, and 3)
CLAUSE 16: SELECTING CONTRACTORS
By the Commission and User, the proposal selected for each activity, cost, current expenses, technical deities, qualifications of the bidders, and They will be economically the most economically useful, considering the guarantees and the implementation of the business or suppliers. These criteria must be specified in the RFx (s) file. The user will report the results of the tender to the RFx (s).
ENFORCEMENT OF THE CONTRACT IV
ARTICLE 17: WORK AND RESIDENCE
Israel procedures and iart, procurement, or service If deemed appropriate due to the nature of the commitment to real and legal entities that have contributed to their commitments, temporary work and residence permits will be provided in the country of use in the country under the current law. A month will apply after this rights contractor is selected.
The contractors and real people who will serve for the implementation of the agreement; and their families; following the end of the promise and the final acceptance of the will have the same rights for a month.
ARTICLE 18: PROCUREMENT
The supply of funds financed by the community, required to implement il supply and service commitments, otherwise Unless approved, Article 10 of the countries that are
CLAUSE 19: TAX AND CUSTOMS PROVISIONS
1. Tax, customs, and other fees that must be paid in Turkey will not be disburnable from the financial contribution of the Community.
2. In relation to the Community-funded public commitments under the United States, the country's tax and customs regulations will not be less favourable than the country or international organization.
3. Regardless of the above paragraphs, provisions of the Community-funded public notions will be applied:
3. 1-The promises will not be subject to the stamp and record tax forecasted in the laws of the country. People who do not reside in the country will be subject to stamp tax on record cards according to their stay in the country.
3. 2-State-funded goods, services and services financed by the State, local government departments, public institutions, and public-benefit associations will be exempt from the value-added tax and similar taxes.
3. 3-Subject to income tax or execution capital tax in the country during the course of actual business commitments that run the community-funded service commitments but are not citizens of the country and reside in this country. They will not.
In the same way, legal entities are required to do so by registering with no permanent installation or central office.
3. 4-Profit and/or revenues from business and supply commitments, whether real or legal entities that obtain these profits and/or income, are permanent installations in the country or are found to be relevant to the relevant couple approved by Turkey. They will be taxed according to the country's tax system in accordance with the regulations issued with taxation.
3. 5-The materials and equipment required for the implementation of public, procurement, and service commitments may be imported into this country temporarily, with taxes and pictures taken, which are being pushed out of the country's national laws.
The user will authorize the contractor to temporarily import, use, and export this type of equipment.
3. 6-Goods that are subject to the public procurement promise will be imported into the country without being subject to taxes and pictures.
3. 7-In the course of locally employed people, it will be exempted from taxes and images that will be imported temporarily and temporarily, which will be imported for use of real people (and family members) responsible for the implementation of the commitments.
If this exemption is at least 1 year of residence and will be introduced to the competent authorities of the duly approved exemption within six months from the date of arrival, this exemption will not be followed by an unexpected period of time. in the case of completion, the goods are exported back to tax, customs or non-tuition It is If the goods in question are not to be exported, the picture being applied in the country will be subject to levy and fines.
3. 8-In the course of the commitment, one car for each expert will be temporarily exempt from the import of images and taxes.
ARTICLE 20: QUARTERS OF QUARTERS
The country of use, in Article 10, is the same. Your surveillance is committed to the application of national quarters regulation.
MADDE 21: FON OWNERSHIP
The Commission reserves the right to use, publish, and third-place information from the National Coordinator, which is funded under Special Funding.
ARTICLE 22: SLEEP BETWEEN USER AND DEVELOPER
1. The compliance of paragraph 2 through the implementation of a Community-funded commitment to the use of the contractor and the contractor complies with the procedures specified in an unallocated part of the Special Financial Leap. .
2. The user is committed to the Commission to reconcile the claim or the right to be a judge before a final decision is made on a claim of compensation from the contractor. If it does not arrive at the reconciliation, there will be no financial obligations regarding the amounts committed by the Commission's sole.
BALANCE V-GENERAL AND FINAL PROVISIONS
MADPLACE 23: DESCRIPTION
The project will be applied by providing the European Community with maximum opening for the project to be included. Communications and information activities will be determined by the European Community Representative.
ARTICLE 24: AUDIT OF ACCOUNTS
1. If required to monitor the implementation of the project, the Commission will have the right to submit its own vectors or authorized representatives to undertake technical, accounting, or financial duties.
2. Fulfillment of responsibilities within the scope of the European Community 's fulfillment of the accounts and accounting records and the project' s financing of all other documents, if needed, to complete control of the site based on supporting documents They will have the right to claim.
3. Delegations or representatives who are assigned to the project by the Commission or the Respect will be notified of the National Coordinator and User.
4. Use, in this direction;
commits to the information and documentation requested and will take measures to facilitate the execution of the people who undertake these audits.
Representation with representation, and is most suitable In accordance with the accounting application, along with supporting documents relating to local expenses, the specific financing will hold the required files and records to determine the funds, procurement and services financed under the Specific Financing Program.
- The number of people who were given to the Council of Europe. to perform its responsibilities, the project will be able to review its accounts in place if necessary.
The review of the number of members in the country is reconcilable with the competent authorities in that country. will be required.
When executing these reviews, the Page will collect controller edits that are applied only to the provisions that govern the Community contribution, not the application arrangements under which the User is obligated.
-Speerik of the Commission's reps It will be able to review accounting records or other documents related to the measures financed under the Financing statement, and will help the Page to monitor the usage of Community funds.
MADDE 25 : CONSULTATION
1. The National Coordinator, User and Commission will be present in the issues that will be available in the process of implementing and interpresing the specific financing deal. These concursions may result in the addition of the Specific Financing Statement, if necessary.
2. In the event of a breach of the obligation stipulated in the Specific Financing Situation, the Commission may stop funding after the use of the User and the National Coordinator.
3. The user can be fully or withdrawn from the project with the approval of the Commission and the National Coordinator.
4. Stopping funding from the Commission or withdrawing from a project entirely or from a project will be reported in a letter to the Parties.
ARTICLE 26: SLEEP
Article 25 (1) The Specific Financing Agreement, which cannot be resolved within a reasonable period of time with the stipulated consultation, is the right to arbitration within the framework of the Permanent Court of the Rights of the Rights of the Rights of the International and the Rights of the Rights of the Rights of the International will be resolved.
MADDE 27: CHANGES-ADDRESS
The communications and reconciliation between the parties will be saved with the project number and name as written. It will be sent to the address of the official. In case of emergency, the fax, telegraph or e-mail will be immediately available to the letter by the letter of the letter. Addresses will be specified in the Specific Financing Understand.
aling="CENTER"> Technical and Religious Media
The Tables in Business can be Adapt Based on the Directives of ITO.
Table: 1-a (MEDA)
UNSUBSCRIBE FROM THE COUNTRY ' S NON-MEMBER STATE
Amount of words (x)
x in ecu