Communication from the Ministry of Foreign Affairs No. 207 / 1997 Coll.
Communication from the Ministry of Foreign Affairs on the negotiation of the Framework Agreement between the Government of the Czech Republic and the European Commission on the participation of the Czech Republic in the European Community assistance programme
Valid
International Treaty
Effective from 06.08.1997
Text versions:
21.08.1997
Zobrazeno prvních 200 z celkem 216 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
207
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs states that a Framework Agreement between the Government of the Czech Republic and the European Commission on the participation of the Czech Republic in the European Community assistance programme was signed in Prague and Brussels on 12 March and 12 July 1996.
The Parliament of the Czech Republic agreed to the Agreement and the President of the Republic ratified it.
Letters relating to the interpretation of Articles 12 and 14 of the Agreement were exchanged on 24 July and 6 August 1997.
The Agreement entered into force on 6 August 1997 on the basis of Article 7 thereof. This date expired in the relations between the Czech Republic and the European Commission Framework Agreement between the Czech and Slovak Federal Republic and the Commission of the European Communities of 7 December 1990.
The Czech translation of the Agreement and the letters is announced simultaneously.
FRAMEWORK AGREEMENT
between the Government of the Czech Republic and the European Commission on the participation of the Czech Republic in the European Community assistance programme
Government of the Czech Republic, acting on behalf of the Czech Republic (hereinafter the Czech Republic)
of the one part, and
Commission of the European Communities (hereinafter referred to as the Commission), acting on behalf of and on behalf of the European Community (hereinafter referred to as the Community)
of the other part,
hereinafter referred to as the "Contracting Parties',
whereby, pursuant to Council Regulation No 3906 / 89 of 18 December 1989, as last amended and supplemented by Regulation No 1366 / 95 of 12 June 1995 (hereinafter referred to as the Regulation), the Czech Republic is authorised to receive Community assistance programme PHARE,
establishing a technical, legal and administrative framework to implement the measures financed in the Czech Republic under the Community assistance programme,
agree on the following:
In order to deepen cooperation between the Contracting Parties and to support the process of economic and social reform and development in the Czech Republic, the Contracting Parties agreed to implement the Financial and Technical Measures and on other forms of cooperation defined by the Regulation. These measures will be financed and implemented in the technical, legal and administrative framework defined by this Agreement. The specific details of each measure (or package of measures) will be set out in a memorandum adopted by both Contracting Parties (hereinafter referred to as the Financial Memorandum), a model of which is set out in Appendix C.
The Czech Republic shall take all necessary measures to ensure that all measures are properly implemented.
Any measure financed under this Agreement shall be implemented in accordance with the General Conditions set out in Appendix A, which shall be considered an integral part of each Financial Memorandum. If necessary, when implementing the measure: Financial memorandum to amend or supplement General Terms and Conditions.
On matters relating to the measures financed under this Agreement, KOMISI will represent its Delegation in Prague in the Czech Republic, which will ensure the implementation of the measure on behalf of the Commission in accordance with the applicable financial and technical methodology.
With the agreement of both Contracting Parties, the Commission may delegate responsibility for the implementation of the measure in whole or in part to a third party, state or authority.
In such a case, an agreement shall be concluded between the Commission and a third party, a State or an authorised entity determining the rules and conditions of the delegation. This agreement requires the prior approval of the Government of the Czech Republic for its validity.
Any disputes concerning this Agreement which cannot be settled by negotiation shall be dealt with in arbitration proceedings within the meaning of Appendix B.
This Agreement shall be drawn up in English in two original specimens.
This Agreement shall enter into force and replace the Framework Agreement concluded with the Czech and Slovak Federal Republic on the date on which the Contracting Parties inform each other of its approval in accordance with the existing internal legal standards or procedures of each Party. This Agreement shall apply for an indefinite period, unless it is concluded by written denunciation by one of the Contracting Parties to the other Contracting Party.
Following the expiry of this Agreement, all the measures developed will be completed in accordance with the terms of the relevant Financial Memorandum and the General Terms and Conditions mentioned here.
The provisions of this Agreement shall also apply to technical cooperation and other activities agreed between the Contracting Parties, which by their nature are not covered by a specific memorandum financed under the relevant PHARE assistance programme at the request of the Government of the Czech Republic.
Provisions of this The agreements also apply to measures originally agreed with Czechoslovakia, which have been divided between the successor States and confirmed by a "supplement 'or have been and are the subject of a Financial Memorandum concluded between the Contracting Parties.
The Appendices shall be considered an integral part of this Agreement.
Done at Prague, 12 March 1996
For the Government of the Czech Republic:
Karel Dyba v. r.
Done at Brussels, 12 July 1996
For the Community:
Hans van den Broek v. r.
Appendix A
GENERAL CONDITIONS FOR THE FINANCIAL MEMORANDUM
In these General Terms and Conditions, "REVENUE 'means the Government of the Czech Republic.
CHAPTER I
PROJECT FINANCING
COMMUNITY Undertaking
The Community commitment (hereinafter referred to as the EC Grant), the volume of which is set out in the Financial Memorandum, lays down the framework for the implementation of commitments and payments through duly approved contracts and budgets.
All expenditure in excess of the EC grant shall be borne by the beneficiary.
Validity of EC grant
If the implementation of the measure depends on the fulfilment of the financial obligations of the beneficiary's own reserves or other source funds, the EC grant will only be available once the financial commitments of the beneficiary or other source funds are available in accordance with the Financial Memorandum.
Reimbursements
According to the provisions of the Financial Memorandum, only contracts concluded before the expiry of the Financial Memorandum are valid. Reimbursements under these contracts may be made no later than 12 months after the expiry of the Financial Memorandum. Any exceptional extension of this 12-month period shall be approved by the Commission.
Applications for funding shall be submitted to the Commission's Delegation by the beneficiary in the form of a Work Programme in accordance with the schedule established by the Financial Memorandum and within the framework of the EC Grant. If the Commission so requests, evidence relating to payments made in connection with the operation must be submitted in support of the request for funding.
However, certain contracts covered by the measure and listed therein may allow direct payments by the Commission to contrahents. Each contract shall specify the periodicity and dates of such payments as well as the submission of supporting documents.
For the part of the programme implemented by the REVENUE, no later than 9 months before the end of the Financial Memorandum, the implementing authority shall submit to the Commission a work programme containing, inter alia, the contracts to be concluded to implement the programme. The work programme should include proposals for the use of net interest on bank accounts opened in the implementation of the programme, provided that the entire EC grant has already been passed on.
Save as otherwise provided in the Financial Memorandum, the first instalment granted to the beneficiary in order to facilitate the launch of the measures implemented on the basis of the budgets prepared may not exceed 20% of the budget approved by the Commission. The other instalments shall be made at the request of the BENEFICIARY under the same conditions as set out in paragraph 2 above.
CHAPTER II
PROCUREMENT OF PUBLIC CONTRACTS
General provisions
The procedure for concluding contracts for works, supplies of goods and technical cooperation contracts shall be laid down in the Financial Memorandum, subject to the following principles.
Conditions of participation
1. Except as provided for in Article 6, the BENEFICIARIES and THE COMMISSION shall take the necessary measures to ensure a level playing field for participation in contracts, in particular by publishing information on the selection procedure in due time. This publication shall be made in the Community territory in the Official Journal of the European Communities and in the beneficiary country in the relevant Official Journal.
2. The General Terms and Conditions will be drawn up in accordance with internationally used models such as the General Regulations and the terms for concluding contracts for the supply of goods and services financed by PHARE.
Derogations from standard procedures
In cases where the urgency of the situation so requires, or where the nature, minor or specific features of a particular measure so justify (for example, operations financed in two stages, multi-stage operations, special technical conditions, exceptional importance of the measure for the process of integrating the beneficiary into the Community, etc.) or subsequent contracts, the beneficiary may exceptionally approve, in agreement with the Commission:
- the choice of the contracting parties on the basis of the results of the restricted selection procedure,
- the conclusion of contracts by agreement without a tender; and
- implementation of contracts through public procurement bodies.
These derogations shall be specified in the Financial Memorandum.
Allocation of contracts for supply of works and goods
The beneficiary and the Commission shall ensure that the most economically advantageous tender is selected for each action, in particular as regards the competence of the participants in the selection procedure, the guarantees provided by the tenderers, the costs of services and their quality, the nature of the works and the conditions under which they are carried out, the costs of their use and their technical values.
The results of the selection procedure shall be published in the Official Journal of the European Communities. The beneficiary may also publish these results in the relevant Official Journal.
Technical cooperation agreements
(1) Technical cooperation contracts which may take the form of contracts for the preparation of studies, for the supervision of works or technical assistance contracts shall be concluded following direct consultation with the consultant or, where justified by technical, economic or financial reasons, on the basis of a selection procedure.
2. Contracts will be designed, negotiated and concluded either by the beneficiary or by the Commission, as determined by the Financial Memorandum.
3. If contracts are designed, negotiated and concluded by the BENEFICIARIES, the Commission shall submit a list of one or more candidates in accordance with criteria guaranteeing their eligibility, experience and independence and taking into account their availability for the project.
4. If a direct negotiation procedure is to be applied and several candidates are proposed by the Commission, the beneficiary of the candidates offered may freely choose with whom he intends to conclude the contract.
5. If the method of the selection procedure is used, the contract will be concluded with the participant whose offer is recognised as being the most economically advantageous.
CHAPTER III
PROVISION OF THE CONDITIONS
General privileges
Persons participating in the implementation of the measure financed by the COMPENSATION and their closest relatives may enjoy at least the advantages, privileges and exceptions normally granted to other foreigners employed in the beneficiary country under any other bilateral or multilateral agreement or economic assistance arrangements and on technical cooperation programmes. The provisions of this Article do not imply that persons participating in the implementation of the measure financed by the Community are entitled to a diplomatic status.
Activity, entry and stay
In the case of contracts for work, supplies or services, natural and legal persons entitled to participate in the selection procedure shall have the right to short-term activity and to short-term residence in the beneficiary country where this requires the importance of the contract. This authorisation shall enter into force after the invitation to tender has been issued and shall apply to technical staff required to prepare preliminary studies for the tender. This right shall expire one month after the appointment of the contractor.
The beneficiary shall allow persons involved in the performance of contracts for the supply of works, goods or services financed by the Community as well as their closest relatives to join the State of the beneficiary, to reside in that State, to work in that State and to leave it as required by the nature of the contract.
Import and export of equipment
The beneficiary shall grant authorisation to import the professional equipment required to implement the measure in accordance with the existing laws, regulations and regulations of the beneficiary.
In addition, the BENEFICIARY shall grant the natural and legal persons involved or involved in the implementation of contracts for the supply of goods, services and works, the authorisations necessary for the re-export of the said establishment.
Imports and foreign exchange rules
In order to implement the measure, the BENEFICIARY undertakes to grant import licences and consent to obtain foreign exchange funds and to apply its foreign exchange rules without discrimination to the Member States of the European Community to Albania, Bulgaria, the Czech Republic, Estonia, Croatia, Lithuania, Latvia, Hungary, Poland, Romania, Slovakia and Slovenia.
The beneficiary shall grant the authorisation necessary to export funds obtained in connection with the implementation of the measure in accordance with existing foreign exchange rules in the beneficiary country.
Taxes and duties
1. Taxes, duties and import charges shall not be financed by the EC Grant.
2. Imports made on the basis of supply contracts concluded by the beneficiary authorities and financed by the EC Grant shall not be subject to customs duties, import charges, taxes or charges having similar effect upon entry into the country.
The beneficiary shall ensure that the imports concerned are released from the point of entry for supply to the contractor as required by the provisions of the contract and are ready for immediate application necessary for the normal implementation of the contract, regardless of delays and disputes concerning the settlement of the abovementioned duties, taxes or levies.
3. Contracts for the supply of goods or services provided by Czech or foreign firms, financed by the EC Grant, shall not be subject to value added tax, the payment of stamp duty or registration fees or financial charges having similar effect in the State of Benefit, regardless of whether such fees already exist or are still to be introduced.
4. Natural and legal persons from the Member States of the European Community, including foreign workers participating in the implementation of technical cooperation contracts financed by the EC Grant, shall be exempt from the income tax on natural and legal persons in the beneficiary country in respect of revenue accruing from the European Communities' funds for the implementation of such contracts.
5. Articles of personal use and household articles imported for personal use by natural persons (and their closest relatives), other than domestic persons hired at the place to carry out the tasks specified in the technical cooperation contracts, shall be exempt from customs duties, import charges and other financial charges having similar effect, with the said items of personal and household needs being re-exported or settled in the beneficiary country under the rules applicable in the beneficiary country after the expiry of the contract.
6. Natural and legal persons importing professional establishments as referred to in Article 11, if they so request, shall benefit from the temporary importation procedure for such establishments in accordance with existing laws in the beneficiary country.
7. The free acquisition of PHARE assets is not subject to donation tax. Property for these purposes shall mean movable and immovable property, funds, other assets and assets.
CHAPTER IV
IMPLEMENTATION OF CHECKS
Origin of goods
THE BENEFICIARY agrees that, save as otherwise provided in the COMMISSION, the materials and goods needed to implement the contracts must come from the Community, Albania, Bulgaria, the Czech Republic, Estonia, Croatia, Lithuania, Latvia, Hungary, Poland, Romania, Slovakia and Slovenia.
Payment procedures
1. In the case of contracts financed by the EC grant, tenders must be indicated and payments made either in European currency units (ECU) or in accordance with the foreign exchange rules of the beneficiary country in the currency of the beneficiary country or in the currency of the State in which the tenderer has its registered office or in the country of origin of the supply.
2. Where the tender is presented in ecus, the relevant payments shall be made in the currency specified in the contract on the basis of the ecu exchange rate on the day preceding the payment.
The beneficiary and the Commission shall take all necessary measures to ensure that payments are made as soon as possible.
CHAPTER V
COOPERATION BETWEEN THE BENEFICIARY AND THE COMMISSION
Control and audit
1. The Commission shall be entitled to send its own representatives or authorised agents to carry out the technical or financial checks or audits it considers necessary to monitor the implementation of the measure. However, the Commission shall inform the beneficiary in advance of such checks.
The beneficiary shall provide all information and written material required and shall take all necessary measures to facilitate the work of the persons responsible for carrying out audits or checks.
2. BENEFICIARY
(a) keep records and accounts in order to identify the supply of works, goods and services financed under the Financial Memorandum in accordance with sound accounting procedures; and
(b) ensure that the representatives or agents of the Commission referred to above have the right to check all relevant documentation and accounts relating to appropriations financed under the Financial Memorandum. It will also assist the Court of Auditors of the European Community in carrying out audits on the use of EC grants.
The Commission is also authorised to carry out an ex post evaluation of the measure and a final audit of the measure. The ex post assessment sets out the degree of achievement of the objectives and tasks of the measure as well as their impact on the development and restructuring of the sector concerned.
In the final audit, local financial data relating to the measure are reviewed, which provides an independent view on the reliability and consistency of contracts and payments as well as on their compliance with the provisions of the Financial Memorandum. The audit shall determine the balance of uncontracted or outstanding amounts to be reimbursed by the Commission.
Control of the implementation of the measure
When monitoring the implementation of the measure, the Commission may request any explanation and, if necessary, agree with the beneficiary on a new focus of the measure which it considers would be more appropriate for achieving the objectives pursued.
The beneficiary will report to the Commission both during and after the implementation of the measure according to the timetable set out in the Financial Memorandum.
On the basis of the reports and where appropriate on the basis of ex post evaluations, the COMMISSION will proceed to the formal termination of the measure and inform the beneficiary of the official termination of the measure.
CHAPTER VI
GENERAL AND FINAL PROVISIONS
Negotiations - disputes
1. Any question relating to the implementation or interpretation of the Financial Memorandum or of these General Terms and Conditions shall be the subject of negotiations between the BENEFICIARY and the COMMISSION and shall, if necessary, lead to a modification of the Financial Memorandum.
2. If the BENEFICIARY is unable to comply with its commitments under the Financial Memorandum and these General Terms and Conditions and its commitment was not subject to corrective measures taken in a timely manner, the Commission may, after negotiations with the BENEFICIARY, abolish the measures.
(3) THE BENEFICIARY may partially or completely abolish the implementation of the measure. The Contracting Parties shall lay down the details of such cancellation in the form of an Exchange of Letters.
Notification - addresses
Any notification and arrangements between: Contracting Parties under this Agreement must have written form and refer explicitly to the number and name of the measure. Such notification or arrangement shall be indicated in a letter to the party authorised to accept this letter to the address notified by that party. In the event of an urgent need, the dispatch of a notification by fax, telegram or telex with a legal presumption of valid service may be permitted if such notification is immediately confirmed by a letter.
Addresses are listed in the Financial Memorandum.
APPENDIX B
DECISIONS
Any dispute between the Contracting Parties resulting from the Framework Agreement or the Financial Memorandum which is not resolved by the procedures referred to in Article 18 of the General Conditions relating to the Financial Memorandum shall be submitted to the arbitration panel for a decision in accordance with the following provisions.
The parties to this arbitration procedure shall be the beneficiaries of the Agreement, on the one hand, and the Commission, on the other.
The arbitration panel shall consist of three arbitrators designated as follows:
- one arbitrator shall be appointed by the beneficiary,
- the second arbitrator shall be appointed by the Commission, and
- a third arbitrator (hereinafter referred to as ARBITR) shall be designated by agreement between both Parties, or, in the absence of an agreement, by the Secretary-General of the United Nations.
If one of the parties omits to appoint an arbitrator, the arbitrator shall be appointed by ARBITREM.
If an arbitrator designated under these provisions resigns, dies or is unable to act, another arbitrator shall be appointed in the same way as the arbitrator in whose place he is taking up his duties. The successor will have all the powers and duties his predecessor had.
MODEL
APPENDIX C
Exchange of letters between the Czech Republic and the European Union
concerning
Framework agreements between the Government of the Czech Republic and the European Commission on the participation of the Czech Republic
on the European Community assistance programme
Sir,
the following text of Articles 12 and 14 was approved during the negotiations on the Framework Agreement between the Government of the Czech Republic and the European Commission:
In order to implement the measure, the BENEFICIARY undertakes to grant import licences and consent to obtain foreign exchange funds and to apply its foreign exchange rules without discrimination to the Member States of the European Community, Albania, Bulgaria, the Czech Republic, Estonia, Croatia, Hungary, Lithuania, Latvia, Poland, Romania, Slovakia and Slovenia.
The beneficiary shall grant the authorisation necessary for the export of funds obtained in respect of the measures and in accordance with the foreign exchange rules applicable in the beneficiary country.
THE BENEFICIARY agrees that, save as otherwise provided in the COMMISSION, the materials and goods needed to implement the contracts must come from the Community, Albania, Bulgaria, the Czech Republic, Estonia, Croatia, Hungary, Lithuania, Latvia, Poland, Romania, Slovakia and Slovenia.
During the discussion of the Framework Agreement, the former Yugoslav Republic of Macedonia and Bosnia and Herzegovina were added to the list of Council Regulations in accordance with Regulations No 463 / 96 of 11 March 1996 and 753 / 96 of 22 April 1996 with regard to the purpose of the Phare programme.
The Parties agree that the former Yugoslav Republic of Macedonia and Bosnia and Herzegovina should be included in the list of countries - Phare participants and Articles 12 and 14 will be interpreted on both sides as a list of beneficiary countries under Council Regulation No 3906 / 89 and subsequent additions.
I would be obliged if you would kindly confirm the consent of the European Commission in this letter.
Sir, please accept the assurance of my highest consideration
On behalf of the Government of the Czech Republic
24.7.1997
Ing. Ivan Pilip v. r.
Minister for Finance
Exchange of letters between the European Union and the Czech Republic
concerning
Framework agreements between the European Commission and the Government of the Czech Republic on the participation of the Czech Republic in the European Community assistance programme
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 207 / 1997 Coll., on the negotiation of the Framework Agreement between the Government of the Czech Republic and the European Commission on the participation of the Czech Republic in the European Community assistance programme |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.08.1997 |
|---|---|
| Effective from | 06.08.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0