Νόμος 3097/2003

ΝΟΜΟΣ ΥΠ' ΑΡΙΘ. 3097

Κύρωση της Συμφωνίας μεταξύ της Κυβέρνησης της Ελληνικής Δημοκρατίας και της Ομοσπονδιακής Κυβέρνησης της Ομοσπονδιακής Δημοκρατίας της Γιουγκοσλαβίας, της Κυβέρνησης της Δημοκρατίας της Σερβίας και της Κυβέρνησης της Δημοκρατίας του Μαυροβουνίου, για Πενταετές Πρόγραμμα Αναπτυξιακής Συνεργασίας 2002 - 2006.

Ο ΠΡΟΕΔΡΟΣ ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ

Εκδίδομε τον ακόλουθο νόμο που ψήφισε η Βουλή:

Άρθρο πρώτο

Κυρώνεται και έχει την ισχύ, που ορίζει το άρθρο 28 παρ. 1 του Συντάγματος, η Συμφωνία μεταξύ της Κυβέρνησης της Ελληνικής Δημοκρατίας αφ' ενός και της Ομοσπονδιακής Κυβέρνησης της Ομοσπονδιακής Δημοκρατίας της Γιουγκοσλαβίας, της Κυβέρνησης της Δημοκρατίας της Σερβίας και της Κυβέρνησης της Δημοκρατίας του Μαυροβουνίου αφ' ετέρου για πενταετές πρόγραμμα αναπτυξιακής συνεργασίας 2002 - 2006, που υπογράφηκε στη Θεσσαλονίκη στις 25 Ιουλίου 2002, της οποίας το κείμενο σε πρωτότυπο στην αγγλική και σε μετάφραση στην ελληνική έχει ως εξής:

The Government of the Hellenic Republic and the Federal Government of the Federal Republic of Yugoslavia, the Government of the Republic of Serbia and the Government of the Republic of Montenegro,

Taking into consideration the guidelines of the OECD's Development Assistance Committee (DAC),

Recalling the cooperative relationship between the European Union and the states of the region and the existing framework agreements,

Reaffirming the efforts of the international community in the area,

Noting that the Hellenic Republic has formulated and is ready to implement a five-year comprehensive development plan, which, complemented by international organisations, financial institutions and other bilateral donors, aiming at the reconstruction and transition of recipient Balkan countries towards mutually agreed development goals,

Reiterating the importance of a regional development approach aiming at contributing to peace, security, prosperity and stability in the region,

Having in mind that the Hellenic Republic and the Federal Republic of Yugoslavia are eager to enter into an advanced contractual relationship, based on partnership and transparency, coupled with a development assistance programme; "that the objectives of the present programme that is aiming at contributing to the economic development and European orientation of the Federal Republic of Yugoslavia

Have agreed as follows:

ARTICLE 1 Objectives

The target areas of this development assistance programme are the following:

(a) Modernisation of infrastructures, particularly in the energy and transportation sectors,

(b) Promotion of productive investments,

(c) Modernisation of public administration and self-government,

(d) Support of democratic institutions / cooperation of Parliaments,

(e) Support to the rule of law and the welfare state,

(f) Addressing economic inequalities,

(g) Support to education and vocational training, to the administrative and scientific potential. /^S^K

All projects related to the above mentioned target areas shall be mdSQ^ta^^^rated into Annex (Bl) and (B2) of this Agreement upon approval by t^/H^^iic .RepaWk. Annex Bl shall contain all projects approved for funding in the R&ralw&}^fJ§erbi|iJafld Annex B2 shall contain all projects approved for funding in the Repwi^Q^^m^^o. Annex Β1 and B2 form an integral part of this Agreement

ARTICLE 2

Allocation and implementation of development funds

(a) The development assistance by the Hellenic Republic under the present agreement amounts to two hundred fifty million euro (€250,000,000) for a five-year period (2002-2006). The above amount will be allocated on an annual basis, in accordance with the present bilateral framework programme.

(b) From the total amount, two hundred thirty two million five hundred thousand euro (€232,500,000), equivalent to 93% of the total funds, shall be distributed to the Republic of Serbia

(c) From the total amount, seventeen million five hundred thousand (€17,500,000), equivalent to 7% of the total funds, shall be distributed to the Republic of Montenegro.

(d) Of the total amount, twenty per cent (20%) will be allocated by the Ministry of Economy and Finance of the Hellenic Republic to private productive investments in the Republic of Serbia and the Republic of Montenegro, which meet the objectives of this Agreement. The allocation of funds will take place according to the percentage specified above in Article 2, b and c. The Greek relevant authorities will, upon application from private enterprises, decide on the inclusion and financing of private investments according to procedures defined in the Greek national legislation. All applications shall be in conformity with the legislation and regulations of the Republic of Serbia and the Republic of Montenegro governing the implementation of the specific projects proposed.

(e) The implementation of the present agreement shall be carried out by the Government of the Republic of Serbia and the Government of the Republic of Montenegro, according to the procedure laid down in Annex (A) of the present Agreement.

(f) The present bilateral assistance for the, economic, social, institutional and environmental reconstruction process in the Federal Republic of Yugoslavia is complementary to the overall development programmes of the European Union, international financial institutions and bilateral donors. The regional impact of the development assistance shall also be taken into consideration.

ARTICLE 3

Evaluation and monitoring procedures

s

The Parties agree on an evaluation and monitoring procedure for the abpve^dj assistance. / /~

In this context, the overall responsibility for the monitoring and ev^lu^^-ropuie⁷ development assistance in the recipient Party is entrusted to the National Cd&dMator of the. Republic of Serbia and the National Coordinator of the Republic of Montenegro for the Implementation of the Hellenic Plan for the Economic Re-construction of the Balkans, hereafter called the HiPERB.

The modalities are provided for in the Annex (A), which constitutes an integral part of this Agreement.

ARTICLE 4

Joint Management Committees

Two Joint Management Cornmittees shall be established with the Republic of Serbia and the Republic of Montenegro respectively for the management and implementation of the development assistance programme.

Modalities concerning the composition, competence and functioning of the Joint Management Committees are provided for in Annex (A) to the present Agreement.

ARTICLE 5

Compatibility with European Community Policies

In applying this Agreement, the Hellenic Republic shall respect its obligations arising from its membership to the European Union.

Projects and activities financed under the Development Cooperation Programme shall comply with European Community policies, including those concerning environmental protection, gender equality, transport, Trans European Networks (TREN), competition, as well as public procurement.

The HiPERB Monitoring Committee shall ensure coordination and coherence among projects financed under this Programme.

ARTICLE 6

Coherence and Synergy with other donors

The Parties agree that other countries or international organisations and institutions of regional co-operation may participate to the financing support for the implementation expenditure of projects and activities under this Programme.

The co-financed expenditure concerns clearly visible parts. The accumulation of financial support under the HiPERB and other financing sources shall not exceed 90% of the cost of the project.

ARTICLE 7

Impediments and Overpowering Circumstances (force majeure)

In case of impediments to the implementation of this Agreement due to overpowering circumstances, recognised by the Parties, in practice (such as war, civil unrest or natural disasters) or in case of peril, the following provisions shall apply:

(a) In case the duration of the impediment to the implementation of this Agreement is less than 24 (twenty-four) months, the use of the funds for the implementation of the activities shall be suspended. Funding shall resume again, once the impediment has been overcome.

(b) In case the duration of the impediment to the implementation of this Agreement is more than twenty-four (24) months, the Parties shall hold discussions on the continuation of this Agreement. The residual funds shall be used only after an agreement has been reached between the Parties.

Independently of the above, the Parties, in any event which may hamper the realisation of the objectives, for which this assistance has been provided for, or the fulfilment of the obligations established by this Agreement, shall take any action which may be necessary for the best use of this assistance.

ARTICLE 8

Denunciation or suspension of the Agreement

This Agreement may be denounced or suspended at any time after due notification to the other Party. The denunciation or suspension shall come into effect in the following circumstances:

(a) Breach by one of the Parties of the terms and conditions of this Agreement, particularly in the case of prolonged and unjustified delays in the completion of the activities foreseen by this Agreement, as well as severe mismanagement of the funds.

(b) Adverse developments, which seriously hamper the realisation of this Agreement's, objectives.

ARTICLE 9 Settlement of disputes

Disputes arising with respect to the implementation and/or the application^of^ii^^^ement shall be settled through diplomatic channels.

ANNEX Α

Article ΑΙ

Cooperation Programme — Eligible Actions

Within the HiPERB framework, an Agreement on Five Year Development Cooperation Programme for the Republic of Serbia (hereafter Serbia) and the Republic of Montenegro (hereafter Montenegro) shall be concluded by the Governments of the parties to the Agreement, for the period 2002-2006, based upon priorities defined in common and agreed upon between the Parties. The Programme aims at defining the long-term objectives and the sectors in need of intervention. The HiPERB Monitoring Committee evaluates the projects proposed and makes a recommendation to the Greek Minister^ Foreign Affairs. The recommendation is then subject to approval by the Greek Minister for Foreign Affairs.

On the basis of the above Agreement, an Annual Action Programme shall be defined by the Greek Minister for Foreign Affairs. In the Annual Action Programmes, the objectives, the areas of intervention and the allocated budget shall be clearly denned. These Annual Action Programmes · may include a detailed list of projects or activities to be financed as well as their corresponding costs.

The Agreement on Five Year Development Cooperation Programme according to the vertical classification of the Bilateral Development Assistance (per sector of destination), may provide grant aid to the following areas, on the condition that HiPERB objectives are served:

social infrastructure and social services i.e. activities aiming at the development of the living

standards and the human resources of the partner country,

economic infrastructure arid services i.e. activities aiming at the development of networks, infrastructure and services which shall foster economic activity, production sectors i.e. contribution to the whole range of productive sectors, horizontal projects i.e. support to programmes that shall cover more than one sector

Article A2 Financial Resources

1. For the period 2002 - 2006 the total budget available for the Republic of Serbia and the Republic of Montenegro is € 250 million, in 2002 prices.

2. Of the total budget, 79% concerns projects officially proposed by the Republic of Serbia and the Republic of Montenegro. The rate of the assistance for these projects shall not exceed 80% of the total cost of the approved projects. In exceptional, duly justified cases, the rate may reach 100% of the total cost of the project.

3. Twenty percent (20%) of the above funds shall be allocated for the purpose of private productive investments. The Greek Ministry of Economy and Finance will, upon application from private enterprises, decide on the inclusion and financing of private investments accordi^tOjpSeedures defined in Greek national legislation. All applications shall be in conformi^/w^ffl

and regulations of Serbia and Montenegro governing the implementation0~m&^>eciB.c*

proposed. s_ ι1_ / <) t \

One percent (1%) of the above funds of the Programme shall be put atmlpis^sa^^ _ Embassy in the Federal Republic of Yugoslavia for establishing a Small Proje^ts^ynd/Fiis^nd may, in particular, provide support to small and mainly technical projects, of anSn^rgency*nature

ΦΕΚ 17

and with direct impact on the local community, at a cost not exceeding € 50.000. The allocation of resources shall be approved by the Head of the Greek Embassy, who ihall retain responsibility for the evaluation of priorities and the monitoring of the implementation of the actions as well as for reporting to the HiPERB Monitoring Committee in the framework of the Annual Reports as provided in Article Al 1 of the present document

5. With the consent of both parties the allocation of the above funds can be reviewed in order to ensure a more efficient fulfillment of the Agreement's objectives.

6. The contributions of the Greek Government under this Agreement shall not ^m any circumstances, be used to pay for any taxes or custom duties for projects in the territories of Serbia or Montenegro. If such taxes, duties or relevant permits and authorizations are required, they will be paid by the beneficiary, be it private or public entities.

RULES AND PROCEDURES

Article A3 Definitions

Instruments for the implementation of the present Programme shall be the following:

a) The HiPERB Monitoring Committee: the instrument responsible for the monitoring and evaluation of the HiPERB. The Secretary General for International Economic Relations of the Hellenic Ministry of Economy and Finance chairs the Committee. Members of this Committee are the Secretary Generals of the fallowing Greek Ministries: Investment and Development of the Ministry of National Economy, Ministry of Foreign Affairs, Ministry of Development Ministry of Environment Ministry of Spatial Planning and Public Works, Ministry of Transport and Ministry of Macedonia-Thrace.

b) Secretariat to the HiPERB Monitoring Committee (hereafter the Secretariat): supporting mechanism to the Monitoring Committee set up by officials of the central service of the Ministry of Foreign Affairs and of the regional office of International Relations of the Ministry of Foreign Affairs in Thessaloniki.

c) National Coordinators of the Development Cooperation Programme (hereafter National Coordinator): high officials of the public administration of the Republic of Serbia and the Republic of Montenegro respectively, proposed by their respective governments as their official representatives and approved by the Hellenic Republic, in order to ensure the overall coordination of the Programme, transparency in the use of HiPERB funds and appropriate financial management

d) Joint Management Committees: two joint committees set up in arrangement between the Hellenic Republic and the Republic of Serbia and the Republic of Montenegro respectively under the chairmanship of the representative of the competent office of the Ministry of Foreign Affairs of the Hellenic Republic and the National Coordinator or his representative. h^ys^QTMiittee participate also representatives of the competent authorities of the parmer^unrc-^®Spnal Coordinator, line ministries, regional and local authorities responsible for^e^p^enrcn^ott^f the projects), and representatives of Greek Ministries who participate in ute₁t|iPERB Momfering Committee as well as desk officers for each partner country to the-ffi^^|& MonltOTfig Committee. The Joint Management Committee reports to the HiPERB Mor^Storuig C^c^mij&e/~/

e) Two Special Accounts: an interest bearing account denominated in Euro in a, determined by Greece, commercial bank with presence in Serbia and Montenegro respectively, to which Greece transfers the resources of the Programme following a specific request by the National Coordinator with the indication 'HiPERB Five-Year Development Cooperation Programme*.

Article A4 Joint Management Committee

The Joint Management Committees as provided in Article A3 § d of the present document shall be responsible for the application, the management and the implementation of the Programme and more specifically:

a) for the implementation and the physical and economic progress, of the approved projects of the Programme and related technical matters which eventually concern the Programme as well as the provision of related information to the HiPERB Monitoring Committee,

b) the examination of Progress Reports of the Programme and the approval of Annual Reports before these are submitted to the HiPERB Monitoring Committee,

c) the application of guidelines and decisions of the HiPERB Monitoring Committee,

d) the proposals submitted to the HiPERB Monitoring Committee regarding the necessity of applying appropriate measures.

Article A5

Approval of Works - Selection Criteria of works / projects

The official project proposals shall be submitted by the respective National Coordinator on the basis of a standard 'Application Form'. The projects must be of a sufficient scale with a significant impact on the priority areas. However, the total cost of a project shall in principle not be less than € 150 000. Only in duly justified cases may the total cost of a project may be less than € 150 000.

The official project proposals shall include the following information: the entity responsible for the implementation of the project, the nature of the investment and a description thereof,

the estimated cost and location of the project including, where applicable, a reference to projects of inter-regional interest,

an indicative timetable of the implementation of the project,

where appropriate, a cost-benefit analysis including the direct effects on employment and an assessment of the environmental impact, information on public contract rules,

the financing plan including, where possible, indications about the economic viability of the project and the total financing that Serbia and Montenegro are seeking from^e^ogramme, compatibility and correlation of the projects with European Communit3^>el^^s^^swith eventual other complemented financial assistance

all relevant information, proving that the projects comply with selectiohj-criteria" prowd^d in the present document, and in particular that the medium term economic arid socjal'beneStifDe commensurate with the resources deployed. " ' "'' ^!~^h

3. In order to ensure high quality of works the following selection criteria shall be used in the appraisal of requests: ·

compatibility with the priorities set out in arrangement with the parties (nature and sort of work),

feasibility and economic viability of the works,

contribution of works to the implementation of European Community policies, soundness of project (soundness of physical object and operability of the project), ensuring financing (from the same or other Programmes or other source of funding) for other, projects with synergy or complementary effects with the said projects, maturity of necessary tendering conditions.

The above selection criteria shall be subject to further specification by the HiPERB Monitoring

Committee.

4. The HiPERB Monitoring Committee shall make recommendations to the Greek Minister for Foreign Affairs on the grant of assistance under the Programme, provided that the conditions contained in this article are met, within three months from the day of receipt of the official project proposal.

Article A6

Financial Provisions - Expenditure Eligibility

Expenditure shall be eligible for support from the date of the approval decision by the Greek Minister for Foreign Affairs.

The final date for eligibility of expenditure shall be the 31.12.2006.

Payment claims may be submitted until 30.6.2007, unless otherwise required due to circumstances referred to in article 7 of this Agreement

The expenditure eligibility of individual projects and activities is defined in the OECD DAC Guidelines.

Expenditure for the purchase of land or buildings or eventual land expropriations shall not - in any way- be eligible for support under this Programme.

Article A7 Contracting Procedures

The procedures for tendering and contracting pf services, procurement and project contracts financed under.HiPERB shall be made according to the European Community Program PHARE.

The calls for tender, the contract awarding and the signing of contracts shall be carried out by the recipient parties. Costs of the tendering and contracting procedures may be covered by the HiPERB Programme.

Article A8 Commitments

The HiPERB budgetary commitments shall be made on the basis for Foreign Affairs by which the related actions project, stage of project, gE^u^iafpro,

technical support measures are approved. The commitments shall be valid for a period, the duration of which depends on the nature and the special conditions for the implementation of the action.

Article A9 Payments

The disbursement of financial support shall be made according to the commitments in the budget of the Agreement on Five Year Development Cooperation Programme. The payments may take the form of advance payments, or intermediate payments or payments of the final balance.

1. Disbursements shall be made as follows:

a) an advance payment which may reach 20% of the budget and shall be paid following the issue of a financing decision,

b) intermediate payments may be transferred on the condition that the project progresses satisfactorily towards its completion and that at least two thirds of the expenditure which corresponds to the previous payment has been realised,

c) the total amount of the payments made under a) and b) may not exceed the 80% of the total assistance granted. For significant projects and in duly justified cases the percentage may be increased up to 90%,

d) the balance of Greek assistance shall be paid provided that:

the project, or stage of project or group of projects have been carried out according to its objectives,

the HiPERB National Coordinator has submitted to the HiPERB Monitoring Committee an application for payment within six months from the physical completion of the project or the stage of the project,

the parties have sent tcrthe HiPERB Monitoring Committee a declaration certifying that the information given in the application for payment is correct.

2. The National Coordinator is responsible for the issue of certificates referred to in §2 point b) and d). Applications for payments shall be sent twice a year and shall be accompanied by standard semester Monitoring fichus.

3. The National Coordinator will order payments to be made to the contractors of the specific projects. The payments for each project shall be deposited in the Special Account, through which all payments of works shall be realised and eventual revenues (interests etc.) shall be deposited.

4. Each payment order shall be accompanied by a certificate of execution of the physical object which shall be assessed following an on the site control.

5. Interest generated by the Special Account shall cover various needs of the Programme (account expenses etc.).

Article A10 Monitoring and Evaluation

The HiPERB National Coordinators shall have overall responsibility for the mofuSSg^of^tiie Programme in Serbia and Montenegro respectively. /^/^ζΕ^ο>^\

Serbia and Montenegro together with Greece shall ensure that the execufen^drjprojec^|n^|i HiPERB framework is subject to monitoring and evaluation. " * ' ^^τ' ~

3. In order to ensure the efficiency of the financial support, Greece and the Serbia and Montenegro shall proceed to systematic assessment and evaluation of the programmes.

4. During the execution of the projects and following their completion Greece and Serbia and Montenegro shall proceed to an evaluation of the execution and the impact of their implementation so as to assess whether the foreseen targets already have, or may be achieved. This assessment includes, inter alia, the environmental impact of the projects, according to the European Community rules.

5. During the examination of individual requests for grant support, Greece shall take into account the results of the assessment and evaluation realised according to the provisions of the present article.

6. Monitoring shall be ensured through the reports set up according to article All.

7. The National HiPERB Coordinator shall send a report on the progress achieved (Annual Report), three months before the end of each full implementation year. The Final Report shall be submitted within six months after the completion of the Programme.

8. On the basis of monitoring results and taking into account the comments of the HiPERB Monitoring Committee, following a proposal by Serbia or Montenegro the amount and the conditions of the financial assistance, as initially approved, as well as the financing plan of the said assistance may be adjusted.

9. In order to increase the HiPERB effectiveness particular attention shall be given to management transparency.

10. The application for assistance submitted by Serbia or Montenegro shall be examined by the HiPERB Monitoring Committee in order, particularly, to verify that the administrative and financial mechanisms are adequate for the effective implementation of the projects.

11. The HiPERB Monitoring Committee shall appraise the projects in order to determine then-anticipated impact in terms of the HiPERB objectives, which are defined on the basis of appropriate quantified indicators. Serbia and Montenegro shall provide all necessary information referred to in Article A9 § 3 including the results of the feasibility studies and the ex ante appraisals. In order to make this appraisal as effective as possible, Serbia and Montenegro also provide the results of environmental impact assessment and eventually an indication of alternatives as well as coordination possibilities with other projects of common interest in the same intervention area.

Article Al 1 Reports

Within the monitoring framework, the reports that are carried out include the following information:

a) significant socio-economic developments, or modification of national, regional or sector policies,

b) the progress of implementation of the HiPERB priorities and measures, proceeding to a quantified definition of the material indicators of result and impact,

c) the financial execution of works with a list of overall expenditure paid by Greece and^^uantified definition of financial indicators,

d) measures taken by the HiPERB Monitoring Committee to ensure quality an^^f^dviege^s^f implementation,

e) measures taken to ensure compatibility with European Community policies.

The reports, that shall be submitted to the HiPERB Monitoring Committee are the following:

1. Progress Reports, submitted by the final beneficiary on a six-month basis and reflect the progress of the implementation of a specific project

2. Annual Reports submitted three months after the end of each full year of implementation, which include the following information: '

a) a description of the projects undertaken, accompanied by physical indicators, expenditure per category of projects and eventually, the measures taken as regards the specific clauses contained in the decision to grant assistance,

b) information related to all publicity actions,

c) certification of the conformity of the projects to the decision granting assistance,

d) a first assessment of the extent to which the expected results have been achieved, including notably:

the effective date of implementation of the project,

the way in which the project shall be managed once completed,

a confirmation, eventually, of financial forecasts, particularly regarding operating costs and expected revenues,

confirmation of socio-economic forecast especially the expected costs and benefits and an indication of measures taken to ensure environmental protection and of their cost.

3. Final Report submitted within six months, at the latest after the final expenditure eligibility date, which include information on the following:

a) financial assistance committed and paid by Greece to Serbia or Montenegro respectively by category of works of supported sectors,

b) the HiPERB socio-economic impact in the respective republics including its impact on the employment,

c) summary on the information concerning "the programmes implemented in Serbia or Montenegro,

d) HiPERB contribution to the efforts of Serbia and Montenegro as regards the application of policies in the supported areas,

e) information on measures taken to ensure coordination and coherence among projects financed under the HiPERB, the investment efforts of the respective Republics in the supported sectors, the undertaking of preparatory studies, the results of appraisal, monitoring and evaluation of projects and information on any adjustment of projects in conformity with the said results,

f) summary information on the results of controls carried out, the irregularities found, and the administrative or judicial proceedings in progress.

The Annual Report is submitted to the HiPERB Monitoring Committee and is also examined and approved by the Joint Management Committee.

If, within two months after receipt of the Annual Report, the HiPERB Monitoring Committee does not send justified declaration of insufficiency of this report, the said report shall be considered acceptable. In the case of Final Report this period is of five months.

Article A12

Control S'*Z£~^9%*

Serbia and Montenegro shall establish, in the framework of their respective natioW^epsiatiornneX mechanisms of financial control, inform Greece accordingly and communicate [miojmation Jo the;

HiPERB Monitoring Committee on the range, timetable and the conclusions of the controls as regards' projects financed under the HiPERB.

The HiPERB Monitoring Committee reserves its right to carry out, through the Secretariat or independent experts in cooperation with the national control mechanisms of the respective Republics:

on the spot monitoring visits to final beneficiaries and to projects in progress,

verification controls under the form of financial audit

In case of assessed irregularities as regards the information provided by the Final Beneficiary through the reports or the applications for payment, the HiPERB Monitoring Committee may decide to proceed to corrective measures regarding the Final Beneficiary. In case that corrective measures fail to apply properly, this may lead the HiPERB Monitoring Committee to reduce, suspend and/or cancel assistance. Any reduction or cancellationof the assistance can give rise to recovery of the sums paid. The size of the correction shall be determined by Greece while the HiPERB National Coordinator shall be responsible for the coordination of the procedure to offset or recover sums paid.

Article A13 Publicity and Information

Serbia and Montenegro shall ensure that adequate publicity is given for projects financed under HiPERB and, particularly,'shall inform:

potential Final Beneficiaries for the possibilities of co-financing,

the general public in respect of the role played by Greece in relation with the said projects and the results produced by them.

The responsibility of informing the.general public about the projects shall be bore by the competent final beneficiaries of the projects, who shall publicise the content of actions and inform thereof the mass media (press, radio, television) in the most appropriate manner (press release, articles, websites, leaflets, brochures etc).

The information and publicity measures as regards public opinion shall include the following elements:

the setting of billboards on construction sites,

the setting of permanent commemorative plaques at sites of infrastructure accessible to the general public.

Billboards and commemorative plaques shall include the Greek national emblem and an indication of the financial participation of Greece. In case of publications (invitations, communications etc), the participation of Greece shall be clearly indicated. Any communication regarding granting of assistance to beneficiaries from the competent authorities shall mention the sum or the percentage of the Greek participation. A visible indication of the Greek participation as well as the Greek emblem shall be contained in the other information material (leaflets, printed material, information bulletins etc).

Serbia and Montenegro shall inform the HiPERB Monitoring Committee, through the Annual Reports, on the initiatives undertaken in order to ensure the publicity of the works co-financed under HiPERB.

Article A14 Use of Euro

1. The financing plan, the requests for support, the expenditure declarat payments and disbursement shall be expressed in Euro. j,,

2. The disbursements of financial support transferred by Greece shall be expreKei^

3. The conversion rate to be used shall be the one published by the European Central Bank on the date the declaration of expenditures is registered in the accounting documents of the authorities, competent for the financial management of the project/Programme. In case this information is not available, the conversion rate to be used shall be the one published by the Financial Times of London the first working day of the month during which the declaration of expenditures is registered in the accounting documents of the responsible authorities for the financial management of the project/Programme. In case this information is not available the conversion rate shall be decided in arrangement with the International Monetary Fund.

Article A15 Final Provisions

1. This Annex shall enter into force upon the entry into force of the Agreement on Five Year Development Cooperation Programme and remain into force until the last payment of the last year of the Programme, unless otherwise required due to circumstances referred to in Article 7 of this Agreement.

2. Reports referred to in Article All as well as documents exchanged between the Parties will be written in the English language.

3. Any amendments to the present Annex shall be made in accordance with Article 10 of the Agreement.

ΦΕΚ 17

ΣΥΜΦΩΝΙΑ ΓΙΑ ΠΕΝΤΑΕΤΕΣ ΠΡΟΓΡΑΜΜΑ ΑΝΑΠΤΥΞΙΑΚΗΣ ΣΥΝΕΡΓΑΣΙΑΣ 2002 - 2006 ΜΕΤΑΞΥ

ΤΗΣ ΚΥΒΕΡΝΗΣΗΣ ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ

ΚΑΙ

ΤΗΣ ΟΜΟΣΠΟΝΔΙΑΚΗΣ ΚΥΒΕΡΝΗΣΗΣ ΤΗΣ ΟΜΟΣΠΟΝΔΙΑΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ ΤΗΣ ΓΙΟΥΓΚΟΣΛΑΒΙΑΣ, ΤΗΣ ΚΥΒΕΡΝΗΣΗΣ ΤΗΣ ΔΗΜΟΚΡΑΤΙΑΣ ΤΗΣ ΣΕΡΒΙΑΣ, ΤΗΣ ΚΥΒΕΡΝΗΣΗΣ ΤΗΣ ΔΗΜΟΚΡΑΤΙΑΣ ΤΟΥ ΜΑΥΡΟΒΟΥΝΙΟΥ

Η Κυβέρνηση της Ελληνικής Δημοκρατίας και η Ομοσπονδιακή Κυβέρνηση της Ομοσπονδιακής Δημοκρατίας της Γιουγκοσλαβίας, η Κυβέρνηση της Δημοκρατίας της Σερβίας και η Κυβέρνηση της Δημοκρατίας του Μαυροβουνίου,

ΛΑΜΒΑΝΟΝΤΑΣ ΥΠΟΨΗ τις κατευθυντήριες γραμμές της Επιτροπής Αναπτυξιακής Βοήθειας (ΕΑΒ) του ΟΟΣΑ,

ΑΝΑΦΕΡΟΜΕΝΟΙ στη σχέση συνεργασίας μεταξύ της Ευρωπαϊκής Ένωσης και των κρατών της περιοχής καθώς και τις υφιστάμενες συμφωνίες πλαίσιο,

ΕΠΙΒΕΒΑΙΩΝΟΝΤΑΣ τις προσπάθειες της Διεθνούς Κοινότητας στην περιοχή,

ΣΗΜΕΙΩΝΟΝΤΑΣ ότι η Ελληνική Δημοκρατία έχει διαμορφώσει και είναι έτοιμη να εφαρμόσει πενταετές συνολικό αναπτυξιακό σχέδιο, το οποίο, συμπληρούμενο από διεθνείς οργανισμούς, χρηματοοικονομικά ιδρύματα και άλλους διμερείς δωρητές, αποσκοπεί στην ανασυγκρότηση και τη μετάβαση των ληπτριών Βαλκανικών χωρών προς αμοιβαία συμπεφωνημένους αναπτυξιακούς στόχους,

ΕΠΑΝΑΛΑΜΒΑΝΟΝΤΑΣ τη σπουδαιότητα μιας περιφερειακής αναπτυξιακής προσέγγισης η οποία έχει ως σκοπό τη συνεισφορά στην ειρήνη, την ασφάλεια, την ευημερία και τη σταθερότητα στην περιοχή,

ΕΧΟΝΤΑΣ ΥΠΟΨΗ ότι η Ελληνική Δημοκρατία και η Ομοσπονδιακή Δημοκρατία της Γιουγκοσλαβίας έχουν έντονο ενδιαφέρον να συνάψουν προωθημένη συμβατική σχέση βασιζόμενη στη συνεργασία και τη διαφάνεια, σε συνδυασμό με ένα πρόγραμμα αναπτυξιακής βοήθειας. Και επίσης ότι αντικειμενικοί σκοποί του παρόντος προγράμματος αποβλέπουν στη συνεισφορά στην οικονομική ανάπτυξη και τον Ευρωπαϊκό προσανατολισμό της Ομοσπονδιακής Δημοκρατίας της Γιουγκοσλαβίας,

ΣΥΜΦΩΝΗΣΑΝ ΤΑ ΑΚΟΛΟΥΘΑ: