Administratief Akkoord tussen het Koninkrijk der Nederlanden en Egypte inzake het project "Fayoum Water Users Organisation Project"
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,
the Minister of Water Resources and Irrigation 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 “Water Management in Fayoum”
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:
The two Parties shall jointly execute a project to be known as the “Fayoum Water Users Organisation Project”, hereinafter referred to as “the Project”.
The overall Project aims to assist the Ministry of Water Resources and Irrigation of the Arab Republic of Egypt (MWRI) in improving water management in Fayoum. The improved management is expected to lead to an increased efficiency and a more sustainable use of land and water, and thus to have a positive impact on water distribution, quantity, equity, timeliness and hence economic growth and poverty alleviation. The specific aim of the Netherlands support to the Fayoum Water Users Organisation Project is to capacitate the stakeholders through formation of Water Users Organisations, reform governmental organisations and improve their capacity to cooperate with these Water Users Organisations to manage (plan, implement and maintain) water in an integrated way in terms of quality and quantity.
The afore-mentioned cooperation between the two Parties is planned to last three years. Project implementation is planned as of January 1, 2007 and end December 31, 2009.
The Netherlands Party’s contribution shall consist of two components:
“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 to establish and consolidate Water Users Organisations at various levels, and
Costs of training and capacity building.
The activities shall be carried out by a consultancy firm. A contract shall be concluded between the Netherlands Embassy and this consultancy firm.
A maximum of Euro 3,015,000 million will be allocated for the “Technical Assistance” component.
A “Contribution Arrangement” which shall be concluded between the MWRI and the Minister for Development Cooperation of the Netherlands towards costs for local contracting, office costs, equipment and data systems, etc. in support of the Water Users Organisations. The financial contribution will not exceed Euro 485,000 and shall be managed by the Ministry of Water Resources and Irrigation in accordance with the terms of the Arrangement.
The total Netherlands contribution to the project will not exceed Euro 3.5 million.
The Egyptian Party shall provide staff with adequate capabilities to perform all tasks and provide office space for the Project team.
The value of the Egyptian contribution is estimated at LE 3.5 million.
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
On the Egyptian side, the Executive Authority shall be the MWRI.
The above-mentioned Netherlands Executive Authority shall be represented in Egypt as for as the day-to-day operations of the Project are concerned, by the Team leader appointed by the Netherlands party.
From the MWRI, the Central Department for Water Resources and Irrigation in Fayoum will be directly responsible for reporting, monitoring and implementing the Project.
The consultancy firm will prepare an inception report that will be approved by the Project Advisory Committee and the Embassy of the Kingdom of the Netherlands.
Article V. Delegation
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 extent of such delegation.
Article VI. The Team leader
The 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 will also be a member of the Advisory Committee shall work in close consultation with the said committee and respect its recommendations.
The Project is described in the Project document entitled “Project Document, Fayoum Water Users’ Organisation (Fayoum WUO Project),” 2006- 2010, which shall serve as schedule of operations.
This document indicates:
the contribution of either party;
the number and duties of the staff appointed by each party;
their job descriptions;
the duration of their assignments;
a description of the equipment and materials to be made available.
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
The 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 will 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 MWRI 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.
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.
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, will 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
The Executive Authorities may start an evaluation of the Project during the last year of the Project.
Article XII. Settlement of Disputes
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
This 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 12th 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
The Minister of Water Resources and Irrigation of the Arab Republic of Egypt,
MAHMOUD ABU. ZEID