Rogelio Ramos Martínez, Acting Minister of Foreign Affairs and Religion, in which the Agreement on the project "Clean Air San José" was formalized, the texts of which are as follows:
THE AMBASSADOR OF THE FEDERAL REPUBLIC OF GERMANY San José, February 26, 2004 Ref: Wz 445 P21 II Mr. Minister:
With reference to the Convention on Technical Cooperation concluded between our two Governments on July 23, 1965, and to the Protocol of Amendment 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 "Clean Air 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 is the improvement of air quality in San José through the integration of urban and transport planning and environmental policy by public and private entities.
3. Contributions of the Government of the Federal Republic of Germany:
- a)It shall send:
— an expert in transport management as an interlocutor, on an intermittent basis for a total of up to 15 months/expert, His Excellency Mr. Roberto Tovar Faja Minister of Foreign Affairs and Religion of the Republic of Costa Rica San José — an expert in urban environmental protection for a total of up to 15 months/expert, — experts on short-term missions for the fields of immission measurement networks, technical vehicle inspection and exhaust gas control, local public transport, and public outreach, for a total of up to 19 months/expert, — if necessary, project assistants or participants within the framework of the program for the promotion of young experts of the Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ), separately financed, who shall work on the project for training and professional development purposes and shall perform special tasks for the project; b) it shall make available at the project site national experts on long- and short-term missions for the fields of immission measurement networks, technical vehicle inspection, local public transport, environmental advisory services, and public outreach, for a total of up to 144 months/expert; c) it shall supply material goods, in particular two vehicles, measuring devices for mobile measurement stations, work computers, software, as well as teaching materials, for a total value of up to 176,000 EUR (in words: one hundred seventy-six thousand euros); d) it shall defray the costs of — remuneration of experts sent on long-term missions as well as of experts and assistants contracted in situ (in situ), — accommodation of experts sent on long-term missions and their family members, — official travel of the experts sent as well as of the experts contracted in situ (in situ), within and outside the Republic of Costa Rica, — transport and insurance of the material goods to be supplied, specified in letter c, to the place of project execution, — operation and administration of the German contribution; e) it is willing to provide professional development outside the project for counterparts for a maximum of 400 months/expert in fields to be agreed upon with the counterpart, who upon their return shall work on the project and autonomously continue the tasks of the experts sent. To this end, it budgets a total sum of up to 36,000 EUR (in words: thirty-six thousand euros).
4. Contributions of the Government of the Republic of Costa Rica:
- a)It shall make available at its own expense — the land and buildings necessary for the execution of the project, including their equipment, insofar as this is not supplied by the Federal Republic of Germany at its own expense; — the necessary personnel, in particular experts in aa) vehicle emissions control, bb) planning of the purification of the atmospheric environment and coordination of measures with the participating institutions and organizations, cc) transport planning and optimization of the local public transport system; b) it shall cover the running costs of the project, including fuel and vehicle maintenance costs; c) it shall guarantee its own planning and budget allocation to ensure the uninterrupted processing and continuity of the project; d) it shall exempt the material goods, office materials, vehicles, and other objects to be supplied for this project on behalf of the Government of the Federal Republic of Germany from import and export duties and other public levies, as well as from storage fees and port charges, insofar as the corresponding services are provided by the State and authorization from the competent national authority is obtained. It shall ensure customs clearance without delay as soon as the corresponding legal and administrative procedures have been fulfilled, in accordance with the above-mentioned Technical Cooperation Convention of July 23, 1965, and the Protocol of Amendment of March 13, 1986; e) it shall facilitate, in accordance with the national and international provisions in force and according to its technical level, the recognition of examinations passed by Costa Rican officials trained and specialized within the framework of this Agreement. It shall ensure that these persons are available to the project for a minimum of three years; f) it shall grant the experts sent all kinds of support in carrying out the tasks entrusted to them and shall make all necessary documentation available to them.
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 (Ministerio de Obras Públicas y Transportes, MOPT) and other competent institutions and organizations for the purpose of achieving integrated public transport organization; c) development of an adapted air quality control plan at the national level; d) planning with public participation, application, and dissemination of a program with a specific focus on ecological education.
6. The material goods supplied by the Federal Republic of Germany shall become the direct property of the Ministry of Public Works and Transport (Ministerio de Obras Públicas y Transportes, MOPT) or of other executing agencies (organismos ejecutores) integrated into the project. Said goods shall be entirely available to the project and to the experts sent for the fulfillment of their tasks.
7. Designation of the executing agencies (organismos ejecutores):
- a)The Government of the Federal Republic of Germany entrusts the realization 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 (Ministerio de Obras Públicas y Transportes, MOPT). c) The agencies (organismos) entrusted pursuant to letters a and b may jointly set the details of the project execution in an operational plan or in another suitable manner and, if necessary, adapt them to the project's development.
8. Should this project not be realized, or only be realized in part, it may be replaced by another if both Governments so agree.
9. Moreover, the provisions of the above-mentioned Technical Cooperation Convention of July 23, 1965, and those of the Protocol of Amendment of March 13, 1986, shall also apply to this Agreement.
10. This Agreement is concluded in German and Spanish, both texts being equally authentic.
11. The Agreement shall enter into force on the date on which the Government of the Republic of Costa Rica has notified the Government of the Federal Republic of Germany that the internal requirements necessary for its entry into force have been fulfilled. For these purposes, the date of receipt of the notification shall be determinative.
Should the Government of the Republic of Costa Rica declare itself in agreement with the proposals contained in paragraphs 1 to 11, this Note and Your Excellency's Note of reply stating the conformity of your Government shall constitute an Agreement between our Governments which shall enter into force on the date on which the Government of the Republic of Costa Rica has notified the Government of the Federal Republic of Germany that the internal requirements necessary for its entry into force have been fulfilled. For these purposes, the date of receipt of the notification shall be determinative.
I take this opportunity to reiterate to Your Excellency the testimony of my highest and most distinguished consideration.
Dr. Helmut Göckel REPUBLIC OF COSTA RICA MINISTRY OF FOREIGN AFFAIRS AND RELIGION San José, February 26, 2004 Ref: 068-04-OAT-PE His Excellency the Ambassador:
I have the honor to address Your Excellency to acknowledge receipt of your kind Diplomatic Note Wz 445 P21 II of February 26, 2004, concerning the Agreement on the project "Clean Air San José", the text of which is as follows:
"Mr. Minister:
With reference to the Convention on Technical Cooperation concluded between our two Governments on July 23, 1965, and to the Protocol of Amendment 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 'Clean Air 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 is the improvement of air quality in San José through the integration of urban and transport planning and environmental policy by public and private entities.
3. Contributions of the Government of the Federal Republic of Germany:
HIS EXCELLENCY HELMUT GÖCKEL AMBASSADOR FEDERAL REPUBLIC OF GERMANY CITY a) It shall send:
— an expert in transport management as an interlocutor, on an intermittent basis for a total of up to 15 months/expert, — an expert in urban environmental protection for a total of up to 15 months/expert, — experts on short-term missions for the fields of immission measurement networks, technical vehicle inspection and exhaust gas control, local public transport, and public outreach, for a total of up to 19 months/expert, — if necessary, project assistants or participants within the framework of the program for the promotion of young experts of the Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ), separately financed, who shall work on the project for training and professional development purposes and shall perform special tasks for the project; b) it shall make available at the project site national experts on long- and short-term missions for the fields of immission measurement networks, technical vehicle inspection, local public transport, environmental advisory services, and public outreach, for a total of up to 144 months/expert; c) it shall supply material goods, in particular two vehicles, measuring devices for mobile measurement stations, work computers, software, as well as teaching materials, for a total value of up to 176,000 EUR (in words: one hundred seventy-six thousand euros); d) it shall defray the costs of — remuneration of experts sent on long-term missions as well as of experts and assistants contracted in situ (in situ), — accommodation of experts sent on long-term missions and their family members, — official travel of the experts sent as well as of the experts contracted in situ (in situ), within and outside the Republic of Costa Rica, — transport and insurance of the material goods to be supplied, specified in letter c, to the place of project execution, — operation and administration of the German contribution; e) it is willing to provide professional development outside the project for counterparts for a maximum of 400 months/expert in fields to be agreed upon with the counterpart, who upon their return shall work on the project and autonomously continue the tasks of the experts sent. To this end, it budgets a total sum of up to 36,000 EUR (in words: thirty-six thousand euros).
4. Contributions of the Government of the Republic of Costa Rica:
- a)It shall make available at its own expense — the land and buildings necessary for the execution of the project, including their equipment, insofar as this is not supplied by the Federal Republic of Germany at its own expense; — the necessary personnel, in particular experts in aa) vehicle emissions control, bb) planning of the purification of the atmospheric environment and coordination of measures with the participating institutions and organizations, cc) transport planning and optimization of the local public transport system; b) it shall cover the running costs of the project, including fuel and vehicle maintenance costs; c) it shall guarantee its own planning and budget allocation to ensure the uninterrupted processing and continuity of the project; d) it shall exempt the material goods, office materials, vehicles, and other objects to be supplied for this project on behalf of the Government of the Federal Republic of Germany from import and export duties and other public levies, as well as from storage fees and port charges, insofar as the corresponding services are provided by the State and authorization from the competent national authority is obtained. It shall ensure customs clearance without delay as soon as the corresponding legal and administrative procedures have been fulfilled, in accordance with the above-mentioned Technical Cooperation Convention of July 23, 1965, and the Protocol of Amendment of March 13, 1986; e) it shall facilitate, in accordance with the national and international provisions in force and according to its technical level, the recognition of examinations passed by Costa Rican officials trained and specialized within the framework of this Agreement. It shall ensure that these persons are available to the project for a minimum of three years; f) it shall grant the experts sent all kinds of support in carrying out the tasks entrusted to them and shall make all necessary documentation available to them.
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 (Ministerio de Obras Públicas y Transportes, MOPT) and other competent institutions and organizations for the purpose of achieving integrated public transport organization; c) development of an adapted air quality control plan at the national level; d) planning with public participation, application, and dissemination of a program with a specific focus on ecological education.
6. The material goods supplied by the Federal Republic of Germany shall become the direct property of the Ministry of Public Works and Transport (Ministerio de Obras Públicas y Transportes, MOPT) or of other executing agencies (organismos ejecutores) integrated into the project. Said goods shall be entirely available to the project and to the experts sent for the fulfillment of their tasks.
7. Designation of the executing agencies (organismos ejecutores):
- a)The Government of the Federal Republic of Germany entrusts the realization 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 (Ministerio de Obras Públicas y Transportes, MOPT). c) The agencies (organismos) entrusted pursuant to letters a and b may jointly set the details of the project execution in an operational plan or in another suitable manner and, if necessary, adapt them to the project's development.
8. Should this project not be realized, or only be realized in part, it may be replaced by another if both Governments so agree.
9. Moreover, the provisions of the above-mentioned Technical Cooperation Convention of July 23, 1965, and those of the Protocol of Amendment of March 13, 1986, shall also apply to this Agreement.
10. This Agreement is concluded in German and Spanish, both texts being equally authentic.
11. The Agreement shall enter into force on the date on which the Government of the Republic of Costa Rica has notified the Government of the Federal Republic of Germany that the internal requirements necessary for its entry into force have been fulfilled. For these purposes, the date of receipt of the notification shall be determinative.
Should the Government of the Republic of Costa Rica declare itself in agreement with the proposals contained in paragraphs 1 to 11, this Note and Your Excellency's Note of reply stating the conformity of your Government shall constitute an Agreement between our Governments which shall enter into force on the date on which the Government of the Republic of Costa Rica has notified the Government of the Federal Republic of Germany that the internal requirements necessary for its entry into force have been fulfilled. For these purposes, the date of receipt of the notification shall be determinative.
I take this opportunity to reiterate to Your Excellency the testimony of my highest and most distinguished consideration." In this regard, by virtue of this Note, I state the conformity of the Government of Costa Rica with the transcribed text, and Your Excellency's Note, together with this reply, constitute an agreement under the Exchange of Notes (Canje de Notas) modality which shall enter into force on the date established in numeral 11 thereof.
I take this opportunity to reiterate to Your Excellency the assurances of my high consideration and esteem.
Rogelio Ramos Martínez Acting Minister of Foreign Affairs and Religion JORGE ARTURO AGUILAR CASTILLO HEAD OF THE TREATY ADVISORY OFFICE GENERAL DIRECTORATE OF FOREIGN POLICY MINISTRY OF FOREIGN AFFAIRS AND RELIGION CERTIFIES:
That, in accordance with our archives, the twelve attached photocopies, identified with the seal of this Ministry, are faithful and exact copies of the original text of the Agreement by exchange of notes (canje de notas) on the project "Clean Air in San José", constituted by diplomatic note Wz 445 P21 II of February 26, 2004, from the Embassy of the Federal Republic of Germany, signed by His Excellency Ambassador Helmut Göckel, and diplomatic note 068-04-OAT-PE of February 26, 2004, from Mr. Rogelio Ramos Martínez, Acting Minister of Foreign Affairs and Religion. This is issued for the corresponding legal purposes, at the Treaty Advisory Office of the General Directorate of Foreign Policy, on this third day of March, two thousand four.