Wz 445.P 21 II of April 6, 2001, from Ambassador Friedrich Gröning of the Republic of Germany, and note No. DM-DCI-864-01 of August 3, 2001 (response note) from Mr. Roberto Rojas, Chancellor of the Republic of Costa Rica, on the Purification of the Atmospheric Environment in San José, whose texts are the following:
San José, August 3, 2001 DM-DCI-864-01 His Excellency Friedrich Gröning Ambassador Federal Republic of Germany City Your Excellency Mr. Ambassador:
I am pleased to acknowledge receipt of your kind note of April 6, 2001, by which the proposal is submitted, to the Government of the Republic of Costa Rica, of the agreement on the project "Purification of the atmospheric environment in San José," whose text is as follows:
"With reference to the Convention on Technical Cooperation concluded between our two Governments on July 23, 1965, and to the amending Protocol of March 13, 1986, I have the honor to propose to Your Excellency, on behalf of the Government of the Federal Republic of Germany, the following Agreement on the project 'Purification of the atmospheric environment in San José':
1. The Government of the Federal Republic of Germany and the Government of the Republic of Costa Rica shall jointly promote the purification of the atmospheric environment in San José.
2. The objective of the project consists of the participatory definition and application of effective measures to improve air quality and road traffic by the Ministry of Public Works and Transport (MOPT) and other participating institutions and civil society organizations.
3. Contributions of the Government of the Federal Republic of Germany:
- a)Shall send - an expert in transport management as a counterpart, on an intermittent basis for a period of up to 20 expert-months, - short-term mission experts for the areas of immission measurement networks, technical vehicle inspection/exhaust gas testing, public passenger transport, and public relations, for a total of up to 20 expert-months, - if necessary, project assistants/interns, who will work on the project for training and further education purposes within the framework of the junior expert promotion program of the Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ), financed separately, and shall perform special tasks for the project; b) shall make available at the project site - long-term mission experts for the areas of immission measurement networks, technical vehicle inspection, public passenger transport, environmental consulting, and public relations, for a total of up to 92 expert-months, - short-term mission experts for the areas of immission measurement networks, technical vehicle inspection/exhaust gas testing, public passenger transport, and public relations, as well as organizational development and moderation, for a total of up to 5 c) shall supply material goods, in particular vehicles, measuring devices for mobile measurement stations, desktop computers, office equipment and supplies, for a total value of up to 285,000,-DM (in words: two hundred eighty-five thousand Deutsche Mark); d) shall bear the costs of - remuneration of the long-term expert sent and of the experts and auxiliaries contracted on site, - accommodation for the expert sent on a long-term mission and for their family members, - the official travel of the experts sent and contracted on site, within and outside the Republic of Costa Rica, - transport and insurance of the material specified in paragraph c, to the project site, - operation and administration of the German contribution; 4. Contributions of the Government of the Republic of Costa Rica:
- a)Shall make available, at its own expense, the land and buildings necessary for the implementation of the project, including their equipment, insofar as this is not supplied by the Federal Republic of Germany at its own expense; b) Shall cover the current expenses of the project, including fuel and maintenance costs of the vehicles; c) Shall make available the necessary personnel, in particular experts in - vehicle exhaust gas control, - planning of the purification of the atmospheric environment and coordination of measures with the participating institutions and organizations, - transport planning and optimization of the public passenger transport system; d) shall guarantee its own budget planning and allocation to ensure uninterrupted processing and the continuity of the project; e) shall exempt the material goods to be supplied on behalf of the Federal Republic of Germany from licenses, port fees, import and export duties and other public levies, as well as from storage charges, or shall assume the corresponding costs, and shall ensure that they clear customs without delay; the foregoing shall also be applicable, at the request of the executing agency, to material goods acquired in the Republic of Costa Rica; f) shall recognize, according to their technical level, the examinations passed by Costa Rican nationals trained within the framework of this Agreement; shall offer these persons placement, promotion, or career opportunities commensurate with their training; g) shall grant the expert sent all kinds of support in carrying out the tasks entrusted to them and shall make available to them all necessary documentation.
5. The experts sent shall advise and assist their Costa Rican counterparts in the following tasks:
- a)improvement and implementation of technical vehicle inspection processes (exhaust gas control, technical control, and safety verification); b) improvement of the capacities of the Ministry of Public Works and Transport and other competent institutions and organizations for the intermodal integration of public transport; c) development of an adequate air quality control plan at the national level; d) planning and participation of the population, implementation and dissemination of a specifically focused ecological awareness program.
6. Designation of the executing agencies:
- a)the Government of the Federal Republic of Germany entrusts the execution of its contributions to the Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ), GmbH, based in Eschborn; b) the Government of the Republic of Costa Rica entrusts the execution of the project to the Ministry of Public Works and Transport; c) the agencies entrusted pursuant to paragraphs a and b may jointly establish the details of the project implementation in an operational plan or in another suitable manner and, if necessary, shall adapt them to the project's development.
- 7)In the event that this project is not carried out or is only partially carried out, it may be substituted by another if both Governments so agree.
- 8)Additionally, the provisions of the above-mentioned Convention on Technical Cooperation of July 23, 1965, and those of the amending Protocol of March 13, 1986, shall also apply to this Agreement.
- 9)This Agreement is concluded in German and Spanish, both texts being equally authentic." In this regard, by virtue of this note I express the agreement of the Government of Costa Rica on the transcribed text, and Your Excellency's note, together with this response, constitute an Exchange of Notes that shall enter into force on the date of this response note.
I take this opportunity to renew to Your Excellency the assurances of my highest and most distinguished consideration, San José, April 6, 2001 H.E.
Mr. Roberto Rojas López Minister of Foreign Affairs of the Republic of Costa Rica San José Mr. Minister:
With reference to the Convention on Technical Cooperation concluded between our two Governments on July 23, 1965, and to the amending Protocol of March 13, 1986, I have the honor to propose to Your Excellency, on behalf of the Government of the Federal Republic of Germany, the following Agreement on the project 'Purification of the atmospheric environment in San José':
1. The Government of the Federal Republic of Germany and the Government of the Republic of Costa Rica shall jointly promote the purification of the atmospheric environment in San José.
2. The objective of the project consists of the participatory definition and application of effective measures to improve air quality and road traffic by the Ministry of Public Works and Transport (MOPT) and other participating institutions and civil society organizations.
3. Contributions of the Government of the Federal Republic of Germany:
- a)Shall send - an expert in transport management as a counterpart, on an intermittent basis for a period of up to 20 expert-months, - short-term mission experts for the areas of immission measurement networks, technical vehicle inspection/exhaust gas testing, public passenger transport, and public relations, for a total of up to 20 expert-months, - if necessary, project assistants/interns, who will work on the project for training and further education purposes within the framework of the junior expert promotion program of the Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ), financed separately, and shall perform special tasks for the project; b) shall make available at the project site - long-term mission experts for the areas of immission measurement networks, technical vehicle inspection, public passenger transport, environmental consulting, and public relations, for a total of up to 92 expert-months, - short-term mission experts for the areas of immission measurement networks, technical vehicle inspection/exhaust gas testing, public passenger transport, and public relations, as well as organizational development and moderation, for a total of up to 5 c) shall supply material goods, in particular vehicles, measuring devices for mobile measuring stations, desktop computers, office equipment and supplies, for a total value of up to 285,000,- DM (in words: two hundred eighty-five thousand Deutsche Mark); d) shall bear the costs of - remuneration of the long-term expert sent and of the experts and auxiliaries contracted on site, - accommodation for the expert sent on a long-term mission and for their family members, - the official travel of the experts sent and contracted on site, within and outside the Republic of Costa Rica, - transport and insurance of the material specified in paragraph c, to the project site, - operation and administration of the German contribution; e) is willing to train and further educate counterparts outside the project in areas to be agreed upon with the counterpart, who upon their return will work on the project and independently continue the tasks of the expert sent. To this end, it budgets a sum of 75,000,- DM (in words: seventy- five thousand Deutsche Mark).
4. Contributions of the Government of the Republic of Costa Rica:
- a)Shall make available, at its own expense, the land and buildings necessary for the implementation of the project, including their equipment, insofar as this is not supplied by the Federal Republic of Germany at its own expense; b) shall cover the current expenses of the project, including fuel and maintenance costs of the vehicles; c) shall make available the necessary personnel, in particular experts in - vehicle exhaust gas control, - planning of the purification of the atmospheric environment and coordination of measures with the participating institutions and organizations, - transport planning and optimization of the public passenger transport system; d) shall guarantee its own budget planning and allocation to ensure uninterrupted processing and the continuity of the project; e) shall exempt the material goods to be supplied on behalf of the Federal Republic of Germany from licenses, port fees, import and export duties and other public levies, as well as from storage charges, or shall assume the corresponding costs, and shall ensure that they clear customs without delay; the foregoing shall also be applicable, at the request of the executing agency, to material goods acquired in the Republic of Costa Rica; f) shall recognize, according to their technical level, the examinations passed by Costa Rican nationals trained within the framework of this Agreement; shall offer these persons placement, promotion, or career opportunities commensurate with their training; g) shall grant the expert sent all kinds of support in carrying out the tasks entrusted to them and shall make available to them all necessary documentation.
5. The experts sent shall advise and assist their Costa Rican counterparts in the following tasks:
- a)improvement and implementation of technical vehicle inspection processes (exhaust gas control, technical control, and safety verification); b) improvement of the capacities of the Ministry of Public Works and Transport and other competent institutions and organizations for the intermodal integration of public transport; c) development of an adequate air quality control plan at the national level; d) planning and participation of the population, implementation and dissemination of a specifically focused ecological awareness program.
6. Designation of the executing agencies:
- a)The Government of the Federal Republic of Germany entrusts the execution of its contributions to the Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ), GmbH, based in Eschborn; b) the Government of the Republic of Costa Rica entrusts the execution of the project to the Ministry of Public Works and Transport; c) the agencies entrusted pursuant to paragraphs a and b may jointly establish the details of the project implementation in an operational plan or in another suitable manner and, if necessary, shall adapt them to the project's development.
7. In the event that this project is not carried out or is only partially carried out, it may be substituted by another if both Governments so agree.
8. Additionally, the provisions of the above-mentioned Convention on Technical Cooperation of July 23, 1965, and those of the amending Protocol of March 13, 1986, shall also apply to this Agreement.
9. This Agreement is concluded in German and Spanish, both texts being equally authentic.
If the Government of the Republic of Costa Rica declares itself in agreement with the proposals contained in paragraphs 1 to 9, this Note and Your Excellency's response Note stating your Government's agreement shall constitute an Agreement between our Governments that shall enter into force on the date of your response Note.
I take this opportunity to reiterate to Your Excellency the testimony of my highest and most distinguished consideration.
JORGE BALLESTERO QUESADA HEAD OF THE ADVISORY OFFICE FOR INTERNATIONAL TREATIES GENERAL DIRECTORATE OF FOREIGN POLICY MINISTRY OF FOREIGN AFFAIRS AND WORSHIP CERTIFIES:
That in accordance with our archives, the ten attached photocopies, identified with the seal of this Ministry, are faithful and exact to the original text of the Agreement by exchange of notes on Purification of the Atmospheric Environment in San José, carried out by means of note No. Wz 445.P 21 11 of April 6, 2001, from Ambassador Friedrich Gröning of the Republic of Germany, and note No. DM- DCR-864-01 of August 3, 2001, from Mr. Roberto Rojas, Minister of Foreign Affairs and Worship of the Republic of Costa Rica. Issued in the Advisory Office for Treaties on the third day of the month of April of the year two thousand two.