CELEX: 21986A0805(01)
Language: en
Date: 1986-07-07 00:00:00
Title: Protocol on financial and technical cooperation between the European Economic Community and the Republic of Malta

Avis juridique important

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21986A0805(01)

Protocol on financial and technical cooperation between the European Economic Community and the Republic of Malta  

Official Journal L 216 , 05/08/1986 P. 0002

PROTOCOLon financial and technical cooperation between the  European Economic Community and the Republic of MaltaTHE COUNCIL OF THE EUROPEAN  COMMUNITIES, of the one part, andTHE GOVERNMENT OF THE REPUBLIC OF MALTA, of the other part, CONSCIOUS of the need to promote the accelerated development of the Maltese economy with a view to  facilitating the pursuit of the objectives of the Agreement establishing an association between the  European Economic Community and Malta, HAVE DECIDED to conclude this Protocol and to this end have designated as their plenipotentiaries: THE COUNCIL OF THE EUROPEAN COMMUNITIES: Josef WEYLAND, Ambassador Extraordinary and Plenipotentiary, Permanent Representative of Luxembourg, Chairman of the Permanent Representatives Committee; Jean DURIEUX, Special Adviser in the Directorate-General for External Relations of the Commission of the European  Communities; THE GOVERNMENT OF THE REPUBLIC OF MALTA: Dr Paul FARRUGIA, Ambasssador Extraordinary and Plenipotentiary, Permanent Delegate of the Republic of Malta to the European Economic Community; WHO, having exchanged their full powers, found in good and due form, HAVE AGREED AS FOLLOWS: Article 1Within the framework of the financial and technical cooperation  provided for in the Agreement establishing an Association between the European Economic Community  and Malta, the Community shall participate, on the terms set out in this Protocol, in the financing  of measures intended to contribute to the economic and social development of Malta. Article 2For the purpose specified in Article 1 and for a period expiring on 31 October 1988 an  aggregate amount of 29,5 million ECU may be committed as follows: (a)  16 million ECU in the form of loans from the European Investment Bank, hereinafter referred to  as 'the Bank', made from its own resources; (b)  13,5 million ECU from the Community's budgetary resources, composed of: - 3 million ECU in the form of loans on special terms, - 10,5 million ECU in the form of grants. Provision may be made for contributions to risk capital formation, to be charged against the amount  shown in the first indent of (b); these may take the form inter alia of subordinated loans,  conditional loans or acquisitions of holdings. Article 31.  The total amount fixed in Article 2 shall be used for the financing or  part-financing of: - capital projects in the fields of production and economic infrastructure, aimed in particular at  diversifying theeconomic structure of Malta and especially at promoting its industrialization and  modernizing its agriculture, - technical cooperation schemes that are a preliminary or a complement to capital projects drawn up  by Malta, - technical cooperation in the field of training. 2.  The Community's financial contributions shall be used to cover internal and external costs  necessarily incurred in carrying out approved projects or schemes (including costs in respect of  studies, consulting engineers and technical assistance). They may not be used to cover current  administrative, maintenance or operational expenditure. Article 41.  Capital projects shall be eligible for financing either by loans from the Bank, or  by loans on special terms, or by grants, or by a combination of these three means. 2.  Technical and economic cooperation shall normally be financed by grants. Article 51.  The amounts to be committed each year shall be distributed as evenly as possible  throughout the period of application of this Protocol. 2.  Any funds not committed at the end of the period referred to in Article 2 shall be used, until  exhausted. In that case, the funds shall be used in accordance with the same arrangements as those  laid down in this Protocol. Article 61.  Loans granted by the Bank from its own resources shall be made in accordance with  the arrangements, conditions and procedures laid down in its statute. They shall, as regards their  duration, be subject to terms established on the basis of the economic and financial  characteristics of the projects for which these loans are intended, also taking into account the  conditions obtaining on the capital markets on which the Bank procures its resources. The interest  rate shall be determined in accordance with the Bank's practice at the time of signature of each  loan contract. 2.  Loans on special terms shall be granted for 40 years with 10 years' postponement of  amortization and at an interest rate of 1 % per annum. The terms and arrangements for contributions  to risk capital formation shall be determined on a case-by-case basis. 3.  The loans may be granted through the intermediary of the State or appropriate Maltese bodies,  on condition that they onlend the amounts to the recipients on terms decided, by agreement with the Community, on the basis of the economic and financial characteristics of the  projects for which they are intended. Article 7Aid contributed by the Community for the execution of certain projects may, with the  agreement of Malta, take the form of co-financing in which, in particular, credit and development  bodies and institutions of Malta, of Member States or of third States or international finance  organizations would take part. Article 8The following shall be eligible for financial and technical cooperation: (a)  in general: - the State of Malta, (b)  with the agreement of the Maltese Government, for projects or measures approved by it: - Maltese official development agencies, - private agencies working in Malta for economic and social developments, - undertakings carrying on their activities in accordance with industrial and business management  methods and set up as legal persons within the meaning of Article 12, - groups of producers who are nationals of Malta, and exceptionally, where no such groups exist,  the producers themselves, - scholarship holders and trainees sent by Malta under the training schemes referred to in Article  3. Article 91.  Upon the entry into force of this Protocol, the Community and Malta shall establish  by mutual agreement the specific objectives of financial and technical cooperation, by reference to  the priorities set by Malta's development plan. These objectives may be reviewed by mutual agreement to take account of changes in Malta's economic  situation or in the objectives and priorities set by its development plan. 2.  Within the framework established pursuant to paragraph 1, financial and technical cooperation  shall apply to projects and schemes drawn up by Malta or by other beneficiaries approved by that  country. Article 101.  The State of Malta or, with the agreement of its Government, the other possible  beneficiaries referred to in Article 8, shall submit their requests for financial aid to the  Community. 2.  The Community shall appraise the requests for financing in collaboration with the competent  Maltese authorities and other beneficiaries, in accordance with the objectives referred to in  Article 9 (1), and shall inform them of the decisions taken on such requests. Article 111.  The execution, management and maintenance of schemes that are the subject of  financing under this Protocol shall be the responsibility of Malta or the other beneficiaries  referred to in Article 8. The Community shall make sure that this financial aid is expended in accordance with the agreed  allocations and to the best economic advantage. 2.  Certain rules for administering the financial aid granted by the Community will be the subject  of an exchange of letters between the Commission and Malta at the conclusion of this Protocol. Article 12All natural and legal persons which come within the scope of the Treaty establishing  the European Economic Community and all natural and legal persons of Malta may participate on equal  terms in tendering procedures and other procedures for the award of contracts likely to be  financed. Such legal persons formed in accordance with the law of a Member State of the EEC or of  Malta must have their registered offices, their administrative head offices or their principal  establishments in the territories in which the Treaty establishing the EEC is applied or in Malta;  however, where only their registered offices are in those territories or in Malta, the activities  of such legal persons must be effectively and continuously linked with the economy of those  territories or of Malta. Article 13To promote participation by Maltese undertakings in the performance of works  contracts, an accelerated procedure for issuing invitations to tender involving shorter time limits  for the submission of tenders may be used where the works in question, because of their scale, are  mainly of interest to Maltese undertakings. This accelerated procedure may be used for invitations to tender the value of which is estimated at  less than 2 million ECU. Article 141.  Malta shall apply to contracts awarded for the execution of projects or schemes  financed by the Community fiscal and customs arrangements no less favourable than those applied  vis-à-vis the most favoured international development organization. 2.  The fiscal and customs arrangements shall be established by means of an exchange of letters  between the Parties. Article 15Malta shall take the necessary measures to ensure that interest and all other payments  due to the Community in respect of loans granted under this Protocol are exempted from any national  or local tax or levy. Article 16Where a loan is accorded to a beneficiary other than the State of Malta, the  provisions of a guarantee by the latter or of other adequate guarantees may be required by the  Community as a condition of the grant of the loan. Article 17Throughout the duration of the loans accorded pursuant to this Protocol, Malta shall  undertake to make available to debtors enjoying such loans, or to the guarantors thereof, the  foreign currency necessary for the payment of interest, commission and other charges and the  repayment of principal. Article 18The results of financial and technical cooperation may be examined within the  Association Council. The latter shall establish, were appropriate, the general guidelines of such  cooperation. Article 19One year before the expiry of this Protocol, the contracting parties shall examine  what arrangements could be made for financial and technical cooperation during a possible further  period. Article 20This Protocol shall be annexed to the Agreement establishing an association between the  European Economic Community and Malta. Article 211.  This Protocol shall be subject to approval in accordance with the contracting  parties' own procedures; the contracting parties shall notify each other that the procedures  necessary to this end have been completed. 2.  This Protocol shall enter into force on the first day of the second month following the date on  which the notifications provided for in paragraph 1 have been given. Article 22This Protocol is drawn up in two original copies in the Danish, Dutch, English,  French, German, Greek and Italian languages, each of these texts being equally  authentic.EWG:L666UMBE01.95FF: 6UEN;   SETUP: 01;   Hoehe: 1879 mm;   245 Zeilen;   11312 Zeichen;  Bediener: FJJ0   Pr.: C; Kunde: ................................ Til bekraeftelse heraf har undertegnede befuldmaegtigede underskrevet denne  Protokol. Zu Urkund dessen haben die unterzeichneten Bevollmaechtigten ihre Unterschriften unter dieses  Protokoll gesetzt. AAéò ðssóôùóç ôùí áíùôÝñù, ïé õðïãaaãñáììÝíïé ðëçñaaîïýóéïé Ýèaaóáí ôéò õðïãñáoeÝò ôïõò óôï ðáñueí  ðñùôueêïëëï. In witness whereof the undersigned Plenipotentiaries have signed this Protocol. En foi de quoi, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent  protocole. In fede di che, i plenipotenziari sottoscritti hanno apposto le loro firme in calce al presente  protocollo. Ten blijke waarvan de ondergetekende gevolmachtigden hun handtekening onder dit Protocol hebben  gesteld. Udfaerdiget i Bruxelles, den fjerde december nitten hundrede og femogfirs. Geschehen zu Bruessel am vierten Dezember neunzehnhundertfuenfundachtzig. éAAãéíaa óôéò ÂñõîÝëëaaò, óôéò ôÝóóaañéò AEaaêaaìqñssïõ ÷ssëéá aaííéáêueóéá ïãaeueíôá ðÝíôaa. Done at Brussels on the fourth day of December in the year one thousand nine hundred and  eighty-five. Fait à Bruxelles, le quatre décembre mil neuf cent quatre-vingt-cinq. Gedaan te Brussel, de vierde december negentienhonderd vijfentachtig. For Raadet for De europaeiske FaellesskaberFuer den Rat der Europaeischen GemeinschaftenÃéá ôï  Óõìqïýëéï ôùí AAõñùðáúêþí ÊïéíïôÞôùíFor the Council of the European CommunitiesPour le Conseil des  Communautés européennesPer il Consiglio delle Comunità europeeVoor de Raad van de Europese  GemeenschappenFor republikken Maltas regeringFuer die Regierung der Republik MaltaÃéá ôçí  ÊõqÝñíçóç ôçò AEçìïêñáôssáò ôçò ÌUEëôáòFor the Government of the Republic of MaltaPour le  gouvernement de la république de MaltePer il governo della Repubblica di MaltaVoor de Regering  van de Republiek Malta