FRAMEWORK PROTOCOLON FINANCIAL AND TECHNICAL COOPERATION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SERBIA AND THE GOVERNMENT OF THE KINGDOM OF SPAIN IN THE FIELD OF INFRASTRUCTURE PROJECTS("Off. Herald of RS - Treaties", No. 6/2022) |
The Government of the Republic of Serbia, through the Ministry of Finance, and Government of the Kingdom of Spain, through the Ministry of Industry, Trade and Tourism (hereinafter referred to collectively as the "Parties"),
Reaffirming the bonds of friendship that exist between the two countries,
Proposing to enhance bilateral economic cooperation in the field of infrastructure development,
Have agreed as follows:
Article 1
The objective of this Framework Protocol is to promote cooperation between the Parties in the field of infrastructure development. Based on the principle of mutual convenience, the parties shall abide by relevant provisions of their national legislation and international agreements, including obligations arising from their membership in a customs, economic or monetary union, a common market or a free trade area.
The Parties will initiate the collaboration by identifying, implementing and carrying out projects contributing to the sustainable development of the Republic of Serbia and facilitating the transfer of technology and the exchange of knowledge between the Parties.
Article 2
Cooperation under this Framework Protocol include primarily but not exclusively the following areas:
1) transport and sustainable mobility,
2) drinking and wastewater management,
3) energy,
4) solid waste management,
5) smart cities,
6) remediation and recultivation,
7) environmental protection.
Article 3
Cooperation under this Framework Protocol shall be carried out in the following forms:
1) development and implementation of infrastructure projects,
2) preparation of strategic and feasibility studies and impact analysis, modernization and reconditioning of existing infrastructure, expansion and construction of new infrastructure,
3) technical assistance of experts, professionals specialized in the capacity building of national employees to draw up development plans and other areas related to infrastructure projects,
4) exchange of experiences and knowledge between the Parties in any of the areas within the scope of application of this Framework Protocol,
5) any other agreed form of cooperation in the field of infrastructure projects.
Article 4
The Ministry of Finance of the Republic of Serbia and the Ministry of Industry, Trade and Tourism of the Kingdom of Spain are assigned to monitor this Framework Protocol.
Article 5
Activities under this Framework Protocol shall be implemented by conclusion of agreements, contracts, programmes or projects of competent institutions and private entities of the Parties that will set out the work plan and the special procedures for the use of funds. Furthermore, the abovementioned documents shall deal with other issues of mutual interest with the consent of state authorities of the Parties.
Article 6
The Parties agree that the preparation and implementation of infrastructure projects in the areas defined under ARTICLE 2 represent the priority of cooperation under the present Framework Protocol.
Article 7
The financial activities arising from the implementation of this Framework Protocol shall be decided by mutual agreement between the Parties, subject to their respective budgetary availability.
Spain will consider the FIEM fund as a source of funds for this purpose, subject to the provisions of the Spanish Law 11/2010 of 28 June, in particular article 13bis. Export credits insured with official support by the Spanish Export Credit Agency (CESCE) will also be considered.
The provisions of the international regulations on export credits shall apply, and in particular the provisions of the Arrangement on Officially Supported Export Credits of the Organization for Economic Cooperation and Development (hereinafter, OECD Arrangement).
Article 8
For the purposes of the implementation of this Framework Protocol, the Parties shall establish a steering committee consisting of representatives of relevant ministries and/or state authorities mutually agreed by the assigned Ministries who will meet periodically, at least annually, in Spain and/or in Serbia in order to identify and monitor precise activities to be carried out under this protocol The dates and agendas of their meetings shall be determined by mutual agreement in writing.
Article 9
This Framework Protocol may be amended by mutual consent of the Parties. The amendments shall enter into force in accordance with the procedures determined in ARTICLE 11 of this Framework Protocol.
Article 10
Differences and disputes that may arise from the interpretation and/or implementation of this Framework Protocol shall be settled by friendly negotiations through diplomatic channels.
Article 11
This Framework Protocol shall enter into force thirty (30) days after the date of receipt of the last notification by which the Parties inform each other that all internal procedures necessary for its entry into force were fulfilled. This Framework Protocol shall be in force for a period of five (5) years, with the possibility of its automatic renewal for further five-(5)-year terms, unless one of the Parties notifies the other Party, in writing or through diplomatic channels, about its intention not to renew the Protocol, at least three (3) months prior the date of expiry of the specified period. Unless otherwise agreed by the Parties, cancellation of this Framework Protocol shall not affect the implementation of programs, projects and activities already underway.
This Framework Protocol is signed in Belgrade, on the 3rd of November 2022, in two originals in English language.
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