A. TITEL

Overeenkomst inzake technische samenwerking tussen het Koninkrijk der Nederlanden en de Volksrepubliek Mozambique;

Maputo, 12 juli 1984

B. TEKST

De tekst van de Overeenkomst is geplaatst in Trb. 1984, 104.

C. VERTALING

Zie Trb. 1984, 104.

D. PARLEMENT

Zie Trb. 1985, 142 en, laatstelijk, Trb. 1997, 313.

De in rubriek J van Trb. 1997, 103 en 313 afgedrukte administratieve akkoorden van 9 januari 1997 en 17 december 1996 zijn bij brieven van 14 september 1998 ter kennis van de Staten-Generaal gebracht.

De in rubriek J hieronder afgedrukte administratieve akkoorden behoeven ingevolge artikel 7, onderdeel b, van de Rijkswet goedkeuring en bekendmaking verdragen niet de goedkeuring der Staten-Generaal.

G. INWERKINGTREDING

Zie Trb. 1985, 142.

J. GEGEVENS

Zie Trb. 1994, 12 en Trb. 1997, 103 en 313.

Ter uitvoering van artikel 1 van de onderhavige Overeenkomst is te Maputo op 29 januari 1998 tussen de Nederlandse en de Mozambikaanse bevoegde autoriteiten een administratief akkoord tot stand gekomen inzake een project ter verbetering van de levensomstandigheden van de armen op het platteland geheten „Programa Agrícola de Nampula (PAN)". 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",

and

The Mozambican Minister of Foreign Affairs, being the competent Mozambican Authority for the purpose of this Administrative Arrangement, hereinafter referred to as “the Mozambican Party",

Having decided to co-operate in the field of Agricultural Development in the Province of Nampula, and

Having regarded the provision of Article 1 on Technical Cooperation between the Kingdom of the Netherlands and the Republic of Mozambique signed on 12 July 1984, hereinafter referred to as “the Agreement",

Have entered into the following Administrative Arrangement:

Article I The Project

1. The two Parties shall jointly execute an activity, to be known as “Programa Agrícola de Nampula (PAN)", hereinafter referred to as “the Project".

2. The main objective of the Project can be expressed as follows: “To structurally improve the abilities of smallholders to achieve poverty alleviation, food security and self-reliance, while contributing to the market economy, without endangering the productive capacity of the land for future generations, and to strengthen institutional development both at government and at farm level".

The proposed Project addresses the following issues:

  • a) Sustainable Natural Resource Management. Project components are: strengthening of policy development and planning capacity; strengthening of agricultural research; strengthening of agricultural and rural extension; and land tenure issues.

  • b) Institutional Development. Target organisations for institutionalisation of structures are governmental organisations (GOs), non-governmental organisations (NGOs), and local organisations, particularly farmers' organisations.

  • c) Support to Improvement of Infrastructure. Focus will be on post-harvest handling of agricultural produce, specifically improvement of storage and product processing; support to input supply; strengthening of local transport capacity; information market outlets; market facilities; and (re)development of small-scale irrigation schemes.

3. The aforesaid cooperation between the Parties is planned to last three years initially.

Article II The Netherlands Contribution

1. The Netherlands Party shall make the following contribution to the Project:

– Personnel costs Netherlands' Team Members;

– Consultancies and local contracts;

– Investment and material purchases;

– Equipment and vehicles;

– Operational costs;

– Training costs and fellowships;

– Contributions to local organizations.

2. The total value of the Netherlands contribution is a maximum of NLG 11,375,000.

Article III The Mozambican Contribution

1. The Mozambican Party shall make the following contribution to the Project:

– Salary of National Staff, including travel costs;

– Consultancies and local contracts;

– Equipment and vehicles;

– Operational costs;

– Training costs and fellowships;

– Buildings, installations and land.

2. The total value of the Mozambican contribution is a maximum of MZM 3,412,500,000.– (equivalent to NLG 568,750.–) as per June 1998. Over the years, it shall be at least 5% of the value of the total contribution of the Netherlands.

Article IV The Executive Authorities

1. The Netherlands Party shall appoint the Directorate General for International Cooperation of the Ministry of Foreign Affairs as the Netherlands Executive Authority in charge of the Netherlands contribution.

2. The Mozambican Party shall appoint the Provincial Directorate of Agriculture and Fisheries in Nampula as the Mozambican Executive Authority in charge of the implementation of the Project. The mandate to carry out the Plan of Operations shall be vested in a Project Leader, to be appointed by the Mozambican 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 the extent of such delegation.

Article VI The Team Leaders

The Team Leaders shall be responsible to both Executive Authorities for the correct implementation of the Project and especially for the contributions. They shall do so based upon Yearly Plans of Operation, approved upon by the Executive Authorities. Hereby, the Team Leaders have to respect the operational instructions given by said authorities and they will be accountable for the correct applications of the rules and regulations in general and especially for the bookkeeping, required by both authorities.

Article VII The Plan of Operations

The Executive Authorities agree on the Project Document, “Proposal for an Agricultural Programme in Nampula Province, Mozambique" (January 1997), annexed with this Agreement and forming one part with it. This Project Document may be amended by the Executive Authorities only in common agreement.

Article VIII Reporting

The Team Leaders shall submit three-monthly plans and three-monthly progress reports to keep the Executive Authorities informed. Furthermore, annual plans must be submitted and approved by the authorities, before implementation can take place. Also annual reports must be submitted and approved upon. The official language of the project is Portuguese, however, English communication can be accepted in special cases.

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 2 and 3 of the Agreement.

Article X Status of Netherlands equipment and materials

1. In conformity with the provisions of Article 7 of the Agreement the Republic of Mozambique will exempt from all import duties and other charges the equipment (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 relevant parties, unanimously decided upon by the Project Committee, at the time the cooperation between the two Parties on the Project ends.

Article XI Review and Evaluation

The Executive Authorities shall review the Project on a yearly basis and shall organize a final evaluation in 1999.

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 retroactive effect to 1 July 1997, on the day 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 completed in conformity with the provisions of this Arrangement and the Plan of Operations, whichever date is the later.

DONE at Maputo on 29 January 1998 in two originals in the English language.

For the Netherlands Minister for Development Cooperation,

(sd.) R. VAN DE GEER

R. van de Geer

Ambassador

For the Mozambican Minister of Foreign Affairs and Cooperation,

(sd.) F. V. V. RODRIGUES

F. V. V. Rodrigues

Vice-Minister

Het akkoord is ingevolge zijn artikel XIII op 29 januari 1998 in werking getreden, met terugwerkende kracht tot 1 juli 1997.

Ter uitvoering van artikel 1 van de onderhavige Overeenkomst is te Maputo op 8 juli 1998 tussen de Nederlandse en de Mozambikaanse bevoegde autoriteiten een administratief akkoord tot stand gekomen inzake een project ter verbetering van de basale gezondheidszorg en van het management in de gezondheidsdiensten van de provincie Nampula. De tekst van het akkoord luidt als volgt:

Administrative Arrangement

The Netherlands Minister for Development Cooperation, being the competent Netherlands Authority for the purpose of this Administrative Arrangement, hereinafter referred to as “the Netherlands Party",

and

the Mozambican Minister of Foreign Affairs and Cooperation, being the competent Mozambican Authority for the purpose of this Administrative Arrangement, hereinafter referred to as “the Mozambican Party";

Having decided to co-operate in the field of Basic Health in the province of Nampula;

Having regard to the provision of Article 1 of the Agreement on Technical Cooperation between the Kingdom of the Netherlands and the People's Republic of Mozambique signed at Maputo on July 12, 1984, 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 “the first phase of the support programme for health services in the province of Nampula (PRINDESA)", hereinafter referred to as “the Project".

2. The aim of the Project is to improve the basic health situation and the management of health services in the province of Nampula.

The aim of the Project will be achieved through the following specific objectives:

– strengthening of management and supervision capacity at provincial and district level;

– the set up and consolidation of rural hospitals as centres of reference and clinical supervision;

– improving the quality of training of human resources;

– strengthening the capacity of the Provincial Health Directorate (DPS) in the field of human resources.

3. The aforesaid cooperation between the two Parties is planned to last 14 months.

Article II The Netherlands Contribution

1. The Netherlands Party shall make the following contribution to the Project:

– Personnel costs Netherlands teamleader.

– Financial contribution in the areas training, infrastructure and transport.

– Consultancies and local contracts within the framework of the project.

2. The value of the Netherlands contribution is a maximum of NLG 3.085.786,–.

Article III The Mozambican Contribution

1. The Mozambican Party shall make the following contribution to the Project:

– Salaries of national staff, including travel costs

– Consultancies and local contracts

– Drugs

– Equipment and vehicles

– Investment and material purchases

– Training costs

– Buildings, installations and land

2. The value of the Mozambican contribution is estimated at MZM 107.245.500.000 equivalent to NLG 19.196.944,50.

Article IV The Executive Authorities

1. The Netherlands Party shall appoint the Royal Netherlands Embassy in Maputo as the Netherlands Executive Authority in charge of the Project.

2. The Mozambican Party shall appoint the DPS in Nampula as the Mozambican Executive Authority in charge of the implementation of the Project.

3. The above-mentioned Netherlands Executive Authority shall be represented in Mozambique, as far as the day to day operations of the Project are concerned, by the Teamleader 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 Teamleader

The Netherlands Teamleader shall be responsible to the Netherlands Executive Authority for the correct implementation of the Netherlands contribution. The Teamleader shall act in close consultation with the Mozambican Executive Authority and respect the operational instructions given by the said Authority to the Mozambican personnel. The Mozambican Executive Authority shall provide the Teamleader with any information that may be considered necessary for the execution of the Project.

Article VII The Plan of Operations

The “Proposal of the support programme for health services in the province of Nampula (2502/AFS-3/GD/DPSN/97)" of 10 November 1997, annexed to this Arrangement, shall serve as a plan of operations for the Executive Authorities, who, in common agreement, may amend it. Specific conditions which apply in addition to the project document are mentioned here under:

In the fields of training, transport and infrastructure funds will be made available upon the presentation of adequate policy plans in the areas mentioned. During the first phase of the project a basic health programme will be formulated for a period of 3–5 years. The financing of human resources remains a responsibility of Mozambique. Therefore a pool of personnel as mentioned in the project proposal (par. 4.2.4.c) is excluded from financing by the Netherlands.

Article VIII Reporting

The Netherlands Teamleader shall submit every four months 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 Teamleader shall submit a final report in the English language on all aspects of the work done in connection 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 2 and 3 of the Agreement.

Article X Status of Netherlands equipment and materials

1. In conformity with the provisions of Article 7 of the Agreement the People's Republic of Mozambique will exempt from all import duties and other charges the equipment (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 Mozambican 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

Within six months after completion of the programme (phase) an independent auditor acceptable to the Minister for Development Cooperation of the Netherlands will report to the Minister on the financial audit carried out on the programme.

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 retroactive effect to 1 May 1998, on the day 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 completed in conformity with the provisions of this Arrangement and the Plan of Operations, whichever date is the later.

DONE at Maputo on the 8 July 1998 in two originals in the English language.

For the Netherlands Minister for Development Cooperation

(sd.) R. VAN DE GEER

R. van de Geer

Ambassador

For the Mozambican Minister of Foreign Affairs and Cooperation

(sd.) F. V. V. RODRIGUES

F. V. V. Rodrigues

Vice-Minister

Het akkoord is ingevolge zijn artikel XIII op 8 juli 1998 in werking getreden, met terugwerkende kracht tot 1 mei 1998.

Uitgegeven de achttiende december 1998

De Minister van Buitenlandse Zaken,

J. J. VAN AARTSEN

INHOUD

INHOUD
A.TITEL1
   
B.TEKST1
   
C.VERTALING1
   
D.PARLEMENT1
   
G.INWERKINGTREDING1
   
J.GEGEVENS1
   
 Administratief akkoord inzake een project ter verbetering van de levensomstandigheden van de armen op het platteland geheten „Programa Agrícola de Nampula (PAN)"; Maputo, 29 januari 19982
   
 Administratief akkoord inzake een project ter verbetering van de basale gezondheidszorg en van het management in de gezondheidsdiensten van de provincie Nampula; Maputo, 8 juli 19986
Naar boven