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Administratief Akkoord tussen het Koninkrijk der Nederlanden en Egypte inzake het project "Fayoum Drinking Water and Sanitation - Phase V", Caïro, 01-04-2007[Regeling vervallen per 31-12-2009.]

Geldend van 12-04-2007 t/m 30-12-2009

Administratief Akkoord tussen het Koninkrijk der Nederlanden en Egypte inzake het project "Fayoum Drinking Water and Sanitation - Phase V"

Authentiek : EN

Administrative Arrangement [Vervallen per 31-12-2009]

The Minister for Development Cooperation of the Kingdom of the Netherlands, being the competent Netherlands Authority for the purpose of this Administrative Arrangement, hereinafter referred to as “the Netherlands Party”, represented in this matter by the Ambassador Extraordinary and Plenipotentiary of Her Majesty the Queen of the Netherlands in Cairo,

and

the Governor of Fayoum of the Arab Republic of Egypt being the competent Egyptian Authority for the purpose of this Administrative Arrangement, hereinafter referred to as the “the Egyptian party”;

Having decided to cooperate in the field of “Rural Water Supply and Sanitation”

Having regard to the provision of Article I of the Agreement on Technical Cooperation between the Kingdom of the Netherlands and the Arab Republic of Egypt, signed in Cairo on 30 October 1976, hereinafter referred to as the Agreement”,

Have entered into the following administrative arrangement:

Article I. The Project [Vervallen per 31-12-2009]

  • 1 The two Parties shall jointly execute a project to be known as the “Fayoum Drinking Water and Sanitation – Phase V”, hereinafter referred to as “the Project”.

  • 2 The Project aims to empower the Fayoum Company for Drinking Water and Sanitation to improve coverage of water supply and sewerage services for the inhabitants of Fayoum, such that the number of house connections is increased by respectively, 40% and 200% in relation to current figures. The Fayoum Drinking Water and Sanitation Company shall also be capacitated to carry out its mission in a cost effective manner, and such that 85% of all collected waste water shall be adequately treated before discharging into recipient water bodies. The utility management model generated in Fayoum through the various phases of cooperation shall serve other water and sanitation companies in Egypt which encounter similar institutional and financial challenges.

  • 3 The afore-mentioned cooperation between the two Parties is planned to last five years. Project implementation is planned as of January 1, 2007 and end December 31, 2011.

Article II. The Netherlands Contribution [Vervallen per 31-12-2009]

  • 1 The Netherlands Party’s contribution shall consist of four components:

    • a) “Technical Assistance” in the form of a consultancy contract including:

      • provision of expatriate and local consultants and support staff;

      • investment costs for equipment, goods and vehicles;

      • operational and running costs;

      • local support fund, and

      • costs of training and capacity building.

      These activities shall be carried out by a consultancy firm. A contract shall be concluded between the Netherlands Embassy and the consultancy firm.

      A maximum of Euro 5.5 million shall be allocated for the “Technical Assistance” component.

    • b) A “Contribution Arrangement” in the form of “financial assistance” shall be concluded between the Governor of Fayoum and the Minister for Development Cooperation of the Netherlands, to enable the Fayoum Company for Drinking Water and Sanitation to commission physical improvement at the New El Azab drinking water treatment plant in order to comply with environmental regulations vis-à-vis discharging wastewater into irrigation/drainage canals.

      This financial contribution shall not exceed € 1.9 million and shall be managed by the Governorate of Fayoum and the Fayoum Company for Drinking Water and Sanitation in accordance with the terms of the Contribution Arrangement;

    • c) A “Contribution Arrangement” in the form of “financial assistance” shall be concluded between the Governor of Fayoum and the Minister for Development Cooperation of the Netherlands upon completion and commissioning the priority sewerage and waste water treatment plants listed in the annex to Letter of Commitment no. KAI/OS-629/06, which has been accepted by the Egyptian Party. This Contribution Arrangement shall enable the Fayoum Company for Drinking Water and Sanitation to expand the drinking water treatment capacity (Phase II) of the New El Azab drinking water treatment plant. This financial contribution shall not exceed € 5 million and shall also be managed by the Governorate of Fayoum and Fayoum Company for Water and Sanitation in accordance with the terms of the Contribution Arrangement;

    • d) A “Contribution Arrangement” in the form of “financial assistance” shall be concluded between the Governor of Fayoum and the Minister for Development Cooperation of the Netherlands to enable the Fayoum Company for Drinking Water and Sanitation to upgrade existing sewerage and waste water treatment plants, and to perform high priority sanitation works which shall be jointly identified through the technical assistance component. This financial contribution shall not exceed Euro 5 million and shall also be managed by the Governorate of Fayoum and the Fayoum Company for Drinking Water and Sanitation in accordance with the terms of this Contribution Arrangement,

  • 2 Activities performed under the “Contribution Arrangements” shall be carried out by and under the full responsibility of the Governorate of Fayoum and the Fayoum Company for Drinking Water and Sanitation and funds shall be spent in accordance with the provisions of the concerned Egyptian laws.

  • 3 The total Netherlands contribution to the Project shall not exceed Euro 17.4 million.

Article III. The Egyptian Contribution [Vervallen per 31-12-2009]

  • 1 The Egyptian Party shall make the following contribution to the Project:

    • LE 60 million earmarked towards civil works for Phase II of the New Azab Water Treatment Plant;

    • LE 37.5 million for infrastructural works related to high priority items as jointly defined during the technical assistance component.

  • 2 The Egyptian Party shall furthermore provide staff with adequate capabilities to perform all tasks and shall provide office space for the Project team.

Article IV. The Executive Authorities [Vervallen per 31-12-2009]

  • 1 The Netherlands Party shall appoint the Embassy of the Kingdom of the Netherlands as the Executive Authority in charge of the Netherlands contribution to the Project.

  • 2 On the Egyptian side, the Executive Authority shall be the Governorate of Fayoum and the Fayoum Company for Drinking Water and Sanitation.

  • 3 The above-mentioned Netherlands Executive Authority shall be represented in Egypt as far as the day-to-day operations of the Project are concerned, by the Team leader appointed by the Netherlands party.

    From the Governorate of Fayoum the Chairman of the Fayoum Company for Drinking Water and Sanitation will be directly responsible for the project.

  • 4 Both parties shall appoint members for an Advisory Committee under the chairmanship of the Secretary General of Fayoum, the responsibility of which shall be the approval of the project implementation plans, follow-up and present reports to the Governor of Fayoum.

Article V. Delegation [Vervallen per 31-12-2009]

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 extend of such delegation.

Article VI. The Team leader [Vervallen per 31-12-2009]

The Netherlands Team leader shall be responsible to the Netherlands Executive Authority for the correct implementation of the technical assistance component. The Team leader shall act in close consultation with the Egyptian Executive Authority and respect the operational instructions given by the said Authority to the Egyptian personnel. The Egyptian Executive Authority shall provide the Team leader with any information that may be considered necessary by both parties for the execution of the Project.

The Team leader, who shall also be a member of the Advisory Committee, shall work in close consultation with the said committee and respect its recommendations.

Article VII. The Schedule of Operations [Vervallen per 31-12-2009]

  • 1 The Project is described in the project document entitled “Project Document, Phase 5 of FaDWSP,” 2005–2009, which shall serve as the basis of the schedule of operations.

    • This document provides an indication of:

      • the contribution of either party;

      • the number and duties of the staff appointed by each party;

      • their job descriptions;

      • the duration of their assignments;

      • an indicative time-table and

      • a description of the equipment and materials to be made available.

  • 2 The document mentioned in paragraph 1, which may be amended in common agreement by the Executive Authorities, shall form an integral part of this Administrative Arrangement.

Article VIII. Reporting [Vervallen per 31-12-2009]

The Netherlands Team leader shall submit six-monthly reports in the English language on the progress made in the execution of the Project to both Executive Authorities. Narrative and financial reporting shall reflect on activities implemented with the Netherlands and Egyptian Contributions. 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 connection with the Project to all parties involved.

Concerning the ‘Contribution Arrangements’, the Governorate of Fayoum shall present, in English, to the Embassy of the Kingdom of the Netherlands, six-monthly progress and financial reports and claims and a final report at the end of the project.

Article IX. Status of the Netherlands Staff [Vervallen per 31-12-2009]

The non-Egyptian staff assigned to the Project by the Netherlands shall enjoy the privileges and facilities, as described in the Articles II and III of the Agreement.

Article X. Status of Netherlands Equipment and Materials [Vervallen per 31-12-2009]

  • 1 In conformity with the provisions of Article V of the Agreement, the Government of the Arab Republic of Egypt shall exempt from all import duties and other charges, the equipment (inclusive passenger cars, spare parts, etc.) and other supplies provided by the Netherlands Government in connection with the Project.

  • 2 The ownership of all equipment and materials (inclusive motor vehicles) supplied by the Netherlands Party in connection with the Technical Assistance component of the Project, shall be transferred to the Egyptian Party at the time the cooperation between the two Parties on the project will be completed, unless both Parties decide to give another destination to the equipment and materials.

Article XI. Evaluation [Vervallen per 31-12-2009]

The Executive Authorities may start an evaluation of the Project during the last year of the Project.

Article XII. Settlement of Disputes [Vervallen per 31-12-2009]

Any disputes concerning the implementation of this Administrative Arrangement, which can not be settled in consultation between the two 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 [Vervallen per 31-12-2009]

The Administrative Arrangement shall enter into force with retroactive effect to 1 January 2007 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 the Arrangement and the Schedule of Operations, whichever date is the later.

DONE in Cairo on the 1st day of April 2007, in two originals in the English language.

For the Minister for Development Cooperation of the Kingdom of the Netherlands,

T.F. DE ZWAAN

Ambassador

The Governor of Fayoum,

MAGDY QUBASSY