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Verdrag inzake duurzame ontwikkeling tussen het Koninkrijk der Nederlanden en het Koninkrijk Bhutan, Noordwijk, 21-03-1994

Geldend van 02-08-1996 t/m heden

Verdrag inzake duurzame ontwikkeling tussen het Koninkrijk der Nederlanden en het Koninkrijk Bhutan

Authentiek : EN

Agreement on co-operation for sustainable development between the Kingdom of the Netherlands and the Kingdom of Bhutan

The Government of the Kingdom of the Netherlands

and

the Government of the Kingdom of Bhutan;

Convinced of the crucial importance of development that meets the needs of the present without compromising the ability of future generations to meet their own needs;

Desiring therefore to promote the implementation of the Rio Declaration on Environment and Development and Agenda 21 adopted by the United Nations Conference on Environment and Development held from 3 to 14 June 1992 at Rio de Janeiro;

Convinced of the necessity to establish a new and equitable global alliance aiming at the creation of new forms of co-operation between States, between key sectors of society and between individuals;

Recognizing the right of each country to strive for higher standards of living for its people;

Desiring further to give effect to the Declaration of Intent signed by the representatives of the Government of the Kingdom of the Netherlands and the Government of the Kingdom of Bhutan in Rio de Janeiro on 11 June 1992;

Realizing the complexity of operationalizing sustainable development in view of differing economic development levels, resource endowments, social and political systems and cultures;

Recognizing that development can only be sustainable if it is comprehensive in nature, i.e. embraces economic, social, cultural, civil and political as well as religious and ecological aspects;

Guided by the precautionary principle, by virtue of which lack of full scientific certainty shall not be used as a reason for postponing efficient measures to prevent or minimize environmental degradation where there are threats of serious or irreversible damage;

Considering that States have to co-operate in a spirit of global solidarity to conserve, protect and establish an ecosystem of the Earth, taking into account that they have contributed to a significant extent to the degradation on a global level and have therefore shared but different responsibilities;

Desiring to enter upon long-term co-operation between their countries based on equality and reciprocity as well as consultation and mutual assistance in order effectively to bring about sustainable development, promoting the participation of all interest groups in society therein;

Considering that to that end an agreement should be concluded which shall create a legal and administrative framework for future action;

Have agreed as follows:

Article I

  • 1 The two Governments hereby agree to establish long-term cooperation between their countries based on equality and reciprocity as well as consultation and mutual assistance in order to pursue effectively and efficiently all aspects of sustainable development, thereby promoting the participation of all interest groups in their respective societies.

  • 2 Accordingly they hereby create a legal and institutional framework for the development and implementation of policies, arrangements, programmes and projects designed to achieve the objective of this Agreement.

Article II

The policies, arrangements, programmes and projects referred to in Article I may have the following aims:

  • a) to develop and implement economic policies which take into account the principles embodied in the Rio Declaration on Environment and Development and the requirements arising from the concept of sustainable development as described in Agenda 21, adopted by the United Nations Conference on Environment and Development held in Rio de Janeiro from 3 to 14 June 1992;

  • b) to implement production, distribution and consumption patterns which protect the ecological base for development;

  • c) to promote and implement sustainable management of natural resources;

  • d) to conserve biodiversity and the sustainable use thereof;

  • e) to promote and implement waste prevention and minimization

  • f) to control transboundary movements of hazardous substances and to prevent, control or eliminate transboundary movements of hazardous wastes, through air, via water or over land;

  • g) to implement measures to gradually eliminate the production and consumption of chlorofluorocarbons and of other ozone depleting substances in order to protect the ozone layer;

  • h) to reduce net emissions of greenhouse gases, in particular CO2, through energy saving, use of alternative fuels, renewable energy sources and afforestation in order to prevent, control or minimize the causes of climate change and mitigate its adverse effects;

  • i) to strive for and adopt policies to provide citizens in their respective countries with equitable access to the sustainable use of available natural resources;

  • j) to promote the participation of citizens in their respective countries in decision-making processes and activities connected with sustainable development;

  • k) to strengthen the vital role of women in environmental management and development as an indisĪensible element in sustainable development ;

  • l) to promote scientific and technological co-operation, transfer of technology and joint human resource development in order to generate adequate capacity in each country for sustainable development;

  • m) with respect to the Kingdom of the Netherlands, to contribute to covering, through direct and indirect transfers of resources, the incremental costs of investment, including investment in production processes, or the incremental loss of income as a result of adjusted production processes, in order to contribute to sustainable development in Bhutan;

  • n) to promote the conclusion and implementation of trade or other agreements conducive to the process of sustainable development;

  • o) to promote debt relief and/or macro-economic support to strengthen the process towards sustainable development;

  • p) to promote any other form of co-operation or exchange that both Governments consider conducive to the process of sustainable development.

Article III

The two Governments shall, without prejudice to their international commitments, consult with one another on the positions to be adopted with regard to sustainable development issues, which have to be decided upon in international organisations and specialised international conferences. These consultations will also be held with other countries, where necessary and appropriate.

Article IV

  • 1 The co-operation and, in particular, the policies, arrangements, programmes and projects referred to in Article I shall be brought about on the basis of existing international agreements, policies, arrangements, programmes and projects between the two countries and shall in no way affect the obligations of either country under any international agreement.

  • 2 The two Governments shall decide in respect of any programme or project for sustainable development agreed to between the two Governments before the date of entry into force of this Agreement and not yet completed at that date whether, and, if so, to what extent such programme or project shall thereafter be governed by this Agreement.

Article V

  • 1 The two Governments hereby establish a Joint Committee consisting of not more than two high level officials of each Government. Each Government will establish a national mechanism as stipulated in Article VI.

  • 2 The first meeting of the Joint Committee shall be convened by the Government of the Kingdom of the Netherlands and the Government of the Kingdom of Bhutan not later than 6 months after the entry into force of this Agreement. Thereafter, meetings of the Joint Committee shall be held as decided by the Joint Committee or at the written request of either Government.

  • 3 The Joint Committee shall promote and keep under continuous review the implementation of this Agreement through the policies, arrangements, programmes and projects referred to in Article I.

  • 4 The Joint Committee may delegate the implementation of this Agreement, in whole or in part, to the executive entities mentioned in Article VI.

  • 5 The Joint Committee will decide which persons, regardless of whether they are representatives of governmental or non-governmental organisations, may or may not qualify, in view of their experience relevant to this Agreement, to attend the meetings of the Joint Committee as observers, in order to be consulted under conditions to be determined by said Committee.

  • 6 The Joint Committee shall take its decisions by consensus.

Article VI

In order to promote the co-ordination of the implementation of this Agreement, each Government shall define or establish a national mechanism for the relevant preparation and implementation of decisions adopted under this Agreement. Both Governments will inform each other of the executive entity to be established and which will be constituted in accordance with the laws of that country. The national mechanisms, which can also take the form of, for instance, a "task force", will promote inter alia the participation of different segments of society in the preparation and execution of the different programmes and projects.

Article VII

  • 1 This Agreement shall enter into force on the date on which the two Governments have given each other written notification that the procedures legally required therefor in their respective countries have been complied with.

  • 2 This Agreement shall remain in force for an indefinite period of time. Either Government may at any time denounce this Agreement or suspend its operation by means of a notification addressed to the other Government.

    A suspension shall become effective on the date of the receipt of the notification of suspension by the other Government. It shall be terminated on the date on which the notification of the termination of the suspension is received.

    A denunciation shall become effective on the first day of the month following the expiry of a period of three months after the date on which the notification of denunciation by the other Government is received.

  • 3 The two Governments shall decide in respect of programmes or projects started before the date of denunciation of this Agreement or suspension of its operation, whether, and, if so, to what extent the provisions of this Agreement shall continue to apply until such programmes or projects have been completed.

  • 4 If this Agreement is denounced for whatever reason by either of the two Governments, or suspended for more than a year, the destiny of goods and equipment made available as part of the co-operation will be decided upon in mutual consultation.

  • 5 This Agreement may be amended by an exchange of diplomatic notes between the two Governments. Amendments shall take effect on the date on which the two Governments have given each other written notification that the legally required procedures have been fulfilled. IN

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

DONE at Noordwijk on 21 March 1994, in duplicate in the English language.

For the Government of the Kingdom of the Netherlands

(sd.) J.R PRONK

(sd.) J.G.M. ALDERS

For the Government of the Kingdom of Bhutan

(sd.) C. DORJI