Contract
18 (1988) Nr. 8
TRAC T A TENBLAD
VAN HET
K O N I N K R I J K D E R N E D E R L A N D E N
JAARGANG 1997 Nr. 104
A. TITEL
Overeenkomst tussen het Koninkrijk der Nederlanden en de Islamitische Republiek Pakistan inzake technische samenwerking, met brieven;
Xxxxxxxxx, 0 juni 1988
B. TEKST
De tekst van de Overeenkomst en brieven is geplaatst in Trb. 1988, 128.
C. VERTALING
Zie Trb. 1988, 128.
D. PARLEMENT
Zie Trb. 1989, 46 en, laatstelijk, Trb. 1996, 337.
Het in rubriek J hieronder afgedrukte administratief akkoord behoeft ingevolge artikel 7, onderdeel b, van de Rijkswet goedkeuring en be- kendmaking verdragen niet de goedkeuring der Staten-Generaal.
G. INWERKINGTREDING
Zie Trb. 1989, 46.
J. GEGEVENS
Zie Trb. 1988, 46, Trb. 1991, 194, Trb. 1994, 13 en 245, Trb. 1995,
124 en Trb. 1996, 337.
Ter uitvoering van artikel I van de onderhavige Overeenkomst is op 23 december 1996 te Islamabad tussen de Nederlandse en de Pakistaanse bevoegde autoriteiten een administratief akkoord tot stand gekomen inzake het versterken van de waterafdeling van de Landbouw Universi- teit van Peshawar, fase II. De tekst van het akkoord luidt als volgt:
Administrative Arrangement
The Netherlands Minister for Development Co-operation, being the competent Netherlands Authority for the purpose of this Administrative Arrangement, hereinafter referred to as ‘‘the Netherlands Party’’ repre- sented in this matter by the Ambassador Extraordinary and Plenipoten- tiary of Her Majesty the Queen of the Netherlands at Islamabad,
and
the Pakistan Ministry of Finance and Economic Affairs, Economic Affairs Division, being the competent Pakistan Authority for the purpose of this Administrative Arrangement, hereinafter referred to as ‘‘the Paki- stan Party’’;
Having decided to co-operate in the field of ‘‘Water Management’’; Having regard to the provision of Article I of the Agreement on Tech-
xxxxx Cooperation signed between the Kingdom of the Netherlands and the Islamic Republic of Pakistan signed at Islamabad on 1st June 1988, hereinafter referred to as ‘‘the Agreement’’,
Have entered into the following Administrative Arrangement
Article I
The project
1. The two parties shall jointly execute a project to be known as ‘‘Agricultural University Peshawar, Water Management Department WAMA, Phase II’’, hereinafter referred to as ‘‘the Project’’.
2. The development objective of the Project is to strengthen the Water Management Department of the Agricultural University of Peshawar.
The aim of the Project will be achieved through the following specific objectives:
– curricula development;
– research;
– training of the local staff.
3. The aforesaid cooperation between the two Parties is planned to last 21 months.
Article II
The Netherlands Contribution
1. The Netherlands Party shall make the following contribution to the Project:
– the payment of investments;
– the provision of training;
– the provision of consultancies;
– the payment of monitoring and evaluation unit staff.
2. The value of the Netherlands contribution is maximum Dfl. 1,380,947 (one million three hundred and eighty thousand and nine hundred and fourty seven).
Article III
The Pakistan Contribution
1. The Pakistan Party shall provide the project with counterpart staff and with the payment of investments.
2. The value of the Pakistan contribution is estimated at PKRS. 3,937,000.
Article IV
The Executive Authorities
1. The Netherlands Party shall appoint the Directorate General for International Cooperation of the Ministry of Foreign Affairs or anybody authorized to perform any functions at present exercised by the said Directorate as the Netherlands Executive Authority in charge of the Project.
2. The Pakistan Party shall appoint the Agricultural University of Peshawar as the Pakistan Executive Authority in charge of the imple- mentation of the Project.
3. The above-mentioned Netherlands Executive Authority shall be represented in Pakistan, as far as the day-to-day operations of the Project are concerned, by the Team-leader appointed by the Netherlands party.
Article V
Delegation
Each of the Executive Authorities, mentioned in Article IV, shall be entitled to delegate under its own responsibility, partly or entirely its duties in connection with the Project to a third party. In doing so, the Executive Authorities shall inform each other immediately in writing of the names of persons or institutions delegated and of the extent of such delegation.
Article VI
The Team-leader
The Netherlands Team-leader shall be responsible to the Netherlands executive authority for the correct implementation of the Netherlands
contribution. The Team-leader shall act in close consultation with the Pakistan executive authority and respect the operational instructions given by the said authority to the Pakistan personnel. The Pakistan executive authority shall provide the Team-leader with any information that may be considered necessary for the execution of the project.
Article VII
The Plan of Operations
1. The Executive Authorities shall establish in common agreement a Plan of Operations indicating in detail:
– the contribution of either Party;
– the number and duties of the staff appointed by each Party;
– their job-descriptions;
– the duration of their assignment;
– a time-table;
– a description of the equipment and materials to be made available;
– the monitoring of progress and the reporting.
2. The Plan of Operations shall form an integral part of this Admin- istrative Arrangement.
3. The Plan of Operations may be amended in common agreement by the Executive Authorities.
Article VIII
Reporting
The Netherlands Team-leader shall submit semi-annual reports in the English language on the progress made in the execution of the Project to both executive authorities.
At the termination of the Project, the Team-leader shall submit a final report in the English language on all aspects of the work done in con- nection with the Project to all parties involved.
Article IX
Status of Expatriate Staff
The expatriate staff supplied to the Project by the Netherlands Party shall enjoy the privileges and immunities as described in the Articles II and III of the Agreement on Technical Cooperation.
Article X
Status of Netherlands equipment and meterials
1. In conformity with the provisions of Article V of the Agreement on Technical Cooperation the Government of the Islamic Republic of
Pakistan will exempt from all import duties and other charges the equip- ment (including motor vehicles) and other supplies provided by the Netherlands Government in connection with the Project.
2. The ownership of all equipment and materials (including motor vehicles) supplied by the Netherlands Party, will be transferred to the Pakistan Party at the time the cooperation between the two Parties on the Project will be terminated unless both Parties decide to give another destination to the equipment and materials.
Article XI
Review and Evaluation
The Executive Authorities shall start an evaluation on completion of the project.
Article XII
Settlement of disputes
Any dispute concerning the interpretation or implementation of this Administrative Arrangement which cannot be settled in consultation between both Parties shall be referred to the respective Governments and shall be settled in a way to be decided upon by the latter.
Article XIII
Entry into force and duration
This Administrative Arrangement shall enter into force, with retroac- tive effect to 1 March 1996, on the date of signature by both Parties and shall expire at the end of the period mentioned in Article I, paragraph 3, of this Arrangement or on the date on which the Project has been com- pleted in conformity with the provisions of this Arrangement and of the Plan of Operations, whichever date is the later.
DONE at Islamabad on the day of 23/12/96 in two originals in the English language.
For the Netherlands Minister for Development Cooperation
(sd.) X. XXXXXXXXX
The Ambassador in Pakistan, Xxx Xxxxxxxxx
For the Pakistan Ministry of Finance and Economic Affairs
(sd.) XXXXXX X. XXXXX
Joint Secretary
Economic Affairs Division, Xxxxxx X. Xxxxx
Het akkoord is ingevolge zijn artikel XIII op 23 december 1996 in werking getreden, met terugwerkende kracht vanaf 1 maart 1996.
Uitgegeven de zesde mei 1997.
De Minister van Buitenlandse Zaken,
H. A. F. M. O. VAN MIERLO
7T0130
ISSN 0920 - 2218
Sdu Uitgevers
’s-Gravenhage 1997