Convention between the European Community and the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) concerning aid to refugees in the countries of the Near East
Date: 1999-09-29
Institutions: European Community, United Nations Relief and Works Agency for Palestine Refugees in the Near East
Subjects: Middle East, UNRWA, aid to refugees, international convention

7. 10. 1999

EN

Official Journal of the European Communities

L 261/37

between the European Community and the United Nations Relief and Works Agency for Palestine
Refugees (UNRWA) concerning aid to refugees in the countries of the Near East

CONVENTION

Article 1

tions, and structure of the specific programmes where the
contribution of the Community will be used.

The European Community (hereinafter referred to as ‘the
Community’) hereby concludes
this Convention with the
United Nations Relief and Works Agency for Palestine Refugees
in the Near East (hereinafter referred to as ‘UNRWA’) in order
to confirm its commitment to a programme of aid to UNRWA.
This funding, extending over a three-year period (1999 to
2001), shall take the form of cash contributions for use under
the UNRWA education and health programmes and contribu-
tions in kind or in cash for use under the UNRWA food aid
programme.

The financial commitment will be made subject to budgetary
availability and with respect to the financial perspectives of the
European Communities until the year 2006.

2. UNRWA shall inform the Community beforehand of any
significant changes that may be planned in the education or
health programmes provided by UNRWA.

In the event of any significant changes in the education or
health programmes provided by UNRWA during the period of
validity of this Convention, the Community reserves the right
to withdraw its agreement on the use of the funds made
available to UNRWA under the Convention for these purposes.
In such a case or cases the Community would notify UNRWA
accordingly.

Article 2

Payment arrangements and reporting

Article 4

Community contribution

1. The Community shall pay to UNRWA annually a cash
contribution towards the cost of the education and health
programmes.

The size of this contribution for the education programme
shall be EUR 32,45 million in 1999, EUR 34,07 million in
2000 and EUR 35,77 million in 2001.

The size of this contribution for the general health programme
shall be EUR 5,88 million in 1999, EUR 6,17 million in 2000
and EUR 6,48 million in 2001.

2. Taking into account the annual evaluation of the needs of
the refugee population, other Community resources may also
be mobilised for UNRWA's food aid programme to meet the
specific needs of vulnerable groups.

The amounts, quantities and characteristics of the commodities,
cash and services provided and all other conditions related to
support to the food aid programme will be subject to separ-
ately agreed conditions, based on annual
from
UNRWA.

requests

Article 3

Information

1. Before the beginning of each year UNRWA shall send the
Community all relevant information as regards the planned
implementation of the programmes as well as information on
the planned distribution and use of the Community contribu-
tion.

This information shall in particular contain a clear and precise
definition of
the UNRWA programmes and the relevant
budget, its priorities and the corresponding budgetary alloca-

1. The Community contribution shall be used for the educa-
tion and health programmes, in accordance with Article 2(1).

2. The Commission shall each calendar year pay the contribu-
tion to UNRWA as follows:

— 50 % of the annual amount specified in Article 2 by way of
an advance the first semester, normally on 1 March of that
year, within 60 days upon receipt of a request for payment
and the documentation pursuant to Article 3(1);

— 45 % of the annual amount specified in Article 2 by way of
an advance the second semester, normally on 1 October of
that year, within 60 days upon receipt of a request for
payment and for the first quarterly financial report;

— the remaining 5 % of the annual amount specified in Article
2 within 60 days upon receipt of
the annual report
pursuant to Article 5(2) and of a request for payment.

3. The Commission shall make payments in euro.

4. Without prejudice to the payment schedule in Article 4(2),
payments shall normally be made within 60 days of
the
approval of documentation supporting all payments. The
Commission shall provide its approval or comments within 30
days after their reception.

Article 5

Reports, audit and review

1. UNRWA shall provide the Community with all relevant
information that it may require relating to the progress of the
execution of the education and health programmes, which shall
include documents that will give detailed accounts of expendi-
ture and budgetary estimates of future expenditure and the
annual statistics of the UNRWA departments of education and
health.

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Official Journal of the European Communities

7. 10. 1999

2. An annual report of the programmes and of the execution
of the programmes financed under the Convention, including
an audit of
the programme accounts including the part
financed by the Community, must be established for each year
and at the end of the period covered by this Convention.

The report on the operation of the food aid programme shall
in particular indicate the number, category and location of
recipients and the services provided, the cost of the programme
and the use made of Community contributions in kind and in
cash.

Article 6

Adjustments

If necessary, during the life of the Convention, the parties can
by mutual agreement change those parts of the contributions
otherwise fixed under this Convention, on the basis of an
exchange of letters between the Community and UNRWA.

By the end of 2000, political developments regarding the refu-
gees will be reviewed by the parties, and an evaluation made of
any plans UNRWA has formulated, and, if this is the case, put
into effect, for the hand-over of its functions to the Palestinian
Authority and/or any other body.

If, during the life of the Convention, any or all of the functions
of UNRWA are transferred to the Palestinian Authority or to
any other body, necessary adjustments will be made to those
parts of the Community contribution to UNRWA under the
Convention, on the basis of an exchange of letters between the
Community and UNRWA.

Article 7

Financial control and visits

Financial

transactions and financial statements shall be
1.
subject to the internal and external auditing procedures laid
down in the Financial Regulations, rules and directives of
UNRWA. A copy of the audited financial statements shall be
submitted to the European Commission by UNRWA.

2. UNRWA shall:

(a) keep financial and accounting documents concerning the

programmes financed by the Community, and

(b) make available to the competent bodies of the Community,
upon request, all relevant financial information, including
statements of accounts concerning the programme/project,
whether they are executed by UNRWA or by subcon-
tracting.

Article 8

Visibility of the Community contribution

1. UNRWA shall contribute to the visibility of the action
financed by the Community, provided that this does not harm
its mandate,

its basic principles or the safety of its staff.

2. During each action, UNRWA shall endeavour to bring the
support and financing given by the Community to the atten-
tion of the target populations, the general public and the media
and refer to this contribution in its internal and annual reports.

3.
In keeping with this objective UNRWA should present,
where appropriate, a visibility plan within the framework of an
action.

UNRWA shall ensure that all supplies, equipment and any
other material financed by the Community display the EC logo
which should be of the same size and have the same promi-
nence as the logo of UNRWA, taking into account the provi-
sions of paragraph 1 of this Article.

Evidence of

4.
implementation of activities undertaken to
ensure appropriate visibility will be provided in the final
reports.

5. Where appropriate, obligations in terms of visibility stem-
ming from paragraphs 1, 2 and 3 of this Article shall apply to
subcontractors.

Article 9

Arbitration clause

1. Any dispute, controversy or claim arising out of or relating
to the interpretation, application or fulfilment of this Conven-
tion,
including its existence, validity or termination, which
cannot be settled amicably between the Parties shall be referred
to arbitration in accordance with the Permanent Court of
Arbitration's Optional Rules for Arbitration involving Inter-
national Organisations and States in force at the date of the
signature of this Convention.

2. There shall be one arbitrator.

3. The language to be employed during arbitration is English.

In the absence of agreement between the two Parties, the
4.
arbitrator shall be designated by the President of the Inter-
national Court of Justice following written request submitted
by either Party.

5. The Arbitrator shall reach his/her decision in accordance
with the terms and conditions of the contract in the light of the
general principles of law recognised by States.

Article 10

Agreement on global arrangements

3.
the
In conformity with the Financial Regulation of
Community, the Commission and the Court of Auditors may
undertake, including on the spot, checks related to the opera-
tions financed by the Community.

4. UNRWA shall facilitate the access of the representatives of
the Community to the sites of UNRWA operations.

Following agreement in the discussions being held between the
United Nations and the Commission on the general rules
governing the donation of voluntary contributions, the relevant
provisions of such agreement and this Convention shall be
promptly reviewed and any necessary amendments agreed to
by UNRWA and the Commission shall be made to the relevant
provisions of this Convention.

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Official Journal of the European Communities

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Article 11

Duration of the Convention

The Convention shall cover a period of three calendar years (1999, 2000 and 2001).

Article 12

This Convention shall be approved by the parties in accordance with their own procedures.

This Convention shall enter into force on the first day following the date on which the Parties notify each
other that the procedures referred to in the first paragraph have been completed.

This Convention shall be drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German,
Greek, Italian, Portuguese, Spanish and Swedish languages, each version being equally authentic.

Article 13

Hecho en Bruselas, el veintinueve de septiembre de mil novecientos noventa y nueve.

Udfærdiget i Bruxelles, den niogtyvende september nitten hundrede og nioghalvfems.

Geschehen zu Brüssel am neunundzwanzigsten September neunzehnhundertneunundneunzig.

Έγινε στις Βρυξέλλες, στις είκοσι εννέα Σεπτεµβρίου χίλια εννιακόσια ενενήντα εννέα.

Done at Brussels on the twenty-ninth day of September in the year one thousand nine hundred and
ninety-nine.

Fait à Bruxelles,

le vingt-neuf septembre mil neuf cent quatre-vingt dix-neuf.

Fatto a Bruxelles, addì ventinove settembre millenovecentonovantanove.

Gedaan te Brussel, de negenentwintigste september negentienhonderd negenennegentig.

Feito em Bruxelas, em vinte e nove de Setembro de mil novecentos e noventa e nove.

Tehty Brysselissä kahdentenakymmenentenäyhdeksäntenä päivänä syyskuuta vuonna tuhatyhdeksänsataayh-
deksänkymmentäyhdeksän.

Som skedde i Bryssel den tjugonionde september nittonhundranittionio.

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Official Journal of the European Communities

7. 10. 1999

Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Por el Organismo de Obras Públicas y Socorro de las Naciones Unidas para los Refugiados de Palestina
(UNRWA)

For De Forenede Nationers Hjælpeorganisation for Palæstinaflygtninge i Det Mellemste Østen (UNRWA)

Für das Hilfswerk der Vereinten Nationen für Palästinaflüchtlinge (UNRWA)

Για την Υπηρεσία Αρωγής και Έργων των Ηνωµένων Εθνών για τους Πρόσφυγες της Παλαιστίνης (UNRWA)

For the United Nations Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA)

Pour l'Office de secours et de travaux des Nations unies pour les réfugiés de Palestine (UNRWA)

Per l'Ente soccorso e lavori delle Nazioni Unite per i profughi della Palestina nel Vicino Oriente (UNRWA)

Voor de Organisatie van de Verenigde Naties voor hulpverlening aan Palestijnse vluchtelingen (UNRWA)

Pela Agência das Nações Unidas de Assistência aos Refugiados da Palestina (UNRWA)

Yhdistyneiden Kansakuntien palestiinalaispakolaisten avustus- ja työelimen (UNRWA) puolesta

På Förenta nationernas hjälporganisation för palestinaflyktingars (UNRWA) vägnar