Overeenkomst inzake het fonds voor de bestrijding van rivierblindheid (onchocerciasis) 1992

Agreement dated February 25, 1992 between the Governments of the Kingdom of Belgium, the French Republic, the Federal Republic of Germany, the Italian Republic, Japan, the State of Kuwait, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, Portugal, the Kingdom of Saudi Arabia, the Swiss Confederation, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, the African Development Bank, the Commission of the European Economic Communities, the Organization of Petroleum Exporting Countries Fund for International Development (the OPEC Fund), the United Nations Development Programme (UNDP), the World Health Organization (WHO), the International Bank for Reconstruction and Development (the Bank) and the International Development Association (the Association).

Whereas

the Onchocerciasis Fund Agreement of February 4, 1986 on the Programme for Onchocerciasis Control (hereinafter called the Programme) terminates at the end of the third phase of the Programme;

the institutional and operational arrangements applicable to the Programme as of January 1, 1992 are described in the Memorandum of Agreement on the Onchocerciasis Control Programme (hereinafter called the Memorandum of Agreement2)The text of the Memorandum of Agreement is attached.the provisions of which are incorporated into this Agreement with the same force and effect as if they were fully set forth herein;

the objectives and plan of action for the years 1992-1997 of the Programme (hereinafter called the fourth phase of the Programme) are summarized in the Appendix II to the Memorandum of Agreement;

the governments and organizations party to this Agreement have agreed to assist in the financing of the cost of the fourth phase of the Programme, at present evaluated at about one hundred and seventy-six million United States dollars (US$ 176,000,000); and

WHO has agreed to continue to serve as Executing Agency for the Programme and in that capacity to carry out the functions described in the Memorandum of Agreement;

Now therefore, the parties hereto hereby agree as follows:

Article I. Definitions

Unless the context otherwise requires, wherever used in this Agreement, the several terms defined in the Preamble to this Agreement have the respective meanings therein set forth and the following additonal terms have the following meaning:

• 1. "Contributing Parties" means those Parties which agree to make contributions to the Phase IV Fund pursuant to this Agreement and accept to be bound by this Agreement.

• 1. "JPC" means the Joint Programme Committee described in the Memorandum of Agreement.

• 1. "CSA" means the Committee of Sponsoring Agencies described in the Memorandum of Agreement.

• 1. "Phase IV Fund" means the Fund established under this Agreement for the purpose of financing the fourth phase of the Programme.

• 1. "Phase III Fund" means the Fund established under the Onchocerciasis Fund Agreement of February 4, 1986 for the purpose of financing the third phase of the Programme.

Article II. Onchocerciasis Fund

The Phase III Fund shall be closed upon the entry into force of this Agreement. Any monies contributed to the Phase III Fund and remaining undisbursed shall be credited to the Phase IV Fund, together with any other assets or receipts of the Phase III Fund. The Phase IV Fund shall be held in trust and administered by the Bank and used only for the purposes, and in accordance with the provisions, of this Agreement.

The Phase IV Fund and its assets and accounts shall be kept separate and apart from all other accounts and assets of the Bank and shall be separately designated in such appropriate manner as the Bank shall determine.

The Bank shall exercise the same care in the administration and management of the Phase IV Fund and in the discharge of its other functions under this Agreement as it exercises in respect of the administration and management of its own affairs.

Article III. Contributions to the Phase IV Fund; Disbursements from the Phase IV Fund; Annual Report

The Contributing Parties undertake, subject to the conditions set forth in this Agreement, to assist in financing the cost of the fourth phase of the Programme. The following contributions have been announced:

• a). The Kingdom of Belgium undertakes to support the fourth phase of the Programme. Its contribution will be denned annually on the basis of availability of budget funds and on the evolution of the Programme.

• b). The French Republic has indicated that it is in a position to make a total contribution to the Phase IV Fund of forty-five million French francs (FF 45,000,000) distributed over the six years of the fourth phase of the Programme, subject to approval by the Management Committee of the Fonds d'Aide et de Cooperation.

• c). The Federal Republic of Germany shall contribute to the Phase IV Fund two million Deutsche marks (DM 2,000,000) for 1992. Similar orders of magnitude of annual contributions will be considered for the subsequent years of Phase IV.

• d). The Government of the Italian Republic shall take under consideration the possibility of continuing with its support to Phase IV of the Programme.

• e). Subject to legislative approval and other action, Japan will contribute two million United States Dollars (US$ 2,000,000) to the Phase IV Fund for 1992 and intends further to continue its cooperation with the Programme for the period 1993-1997.

• f). The State of Kuwait has undertaken to make a contribution to the Phase IV Fund in the amount of one million five hundred thousand United States Dollars (US$ 1,500,000) over the period 1992 to 1997.

• g). The Grand Duchy of Luxembourg, subject to governmental and annual parliamentary approval, shall contribute fifty-one million Luxembourg francs (LuxF 51,000,000) to the financing of the fourth phase of the programme, in the form of six equal annual installments.

• h). The Kingdom of the Netherlands has undertaken, subject to parliamentary approval, to make a total contribution to the Phase IV Fund in the amount of twenty-seven million Dutch guilders (ƒ 27,000,000) to meet the cost of expenditures for the carrying out of the fourth phase of the Programme.

• i). Portugal shall contribute to the Phase IV Fund an annual amount of fifty thousand United States dollars (US$ 50,000), subject to parliamentary approval.

• j). The Government of the Kingdom of Saudi Arabia shall extend a grant of fourteen million United States dollars (US$ 14,000,000) for the fourth phase of the Programme. The disbursement of the fourth phase grant will commence from 1992 in six equal yearly installments of two and one-third million United States dollars (US$ 2,333,333) each.

• k). The Swiss Confederation shall contribute to the Phase IV Fund eighteen million Swiss francs (SwF 18,000,000) in six annual installments of three million Swiss francs (SwF 3,000,000) each. This schedule may be modified by mutual agreement between the Bank and the Swiss Confederation as necessary to meet the actual disbursement needs of the Programme.

• l). The United Kingdom of Great Britain and Northern Ireland shall contribute nine hundred and fifty thousand pounds sterling (£ 950,000) to the Phase IV Fund for 1992.

• m). Subject to administrative approval and the availability of funds, the Government of the United States of America intends to contribute to the Phase IV Fund twenty-one million United States dollars (US$ 21,000,000) over the period 1992-1997. Depending upon fund availability, contributions will be made in equal annual installments over the period.

• n). The African Development Bank shall contribute three hundred thousand (300,000) Units of Account per annum to the Phase IV Fund, subject to approval by its Board of Directors.

• o). The European Economic Communities, represented by the Commission in its capacity of management of the European Development Fund, envisage to continue their support to the Phase IV Fund at the same level as the Phase III Fund (ECU 7,000,000) under the Regional Funds scheme. However, this commitment is subject to the procedures of the Lome IV Convention, including the request of the African Participating Countries and the final decisions to be taken by the competent Community bodies. Nonetheless, the Commission is confident that both the African Participating Countries and the 12 Members States will share our favorable opinion of the Programme.

• p). The OPEC Fund has approved the allocation of three hundred thousand United States dollars (US$ 300,000) to support the fourth phase of the Programme. The funds are designated to be allocated over a six-year period (1992-1997) in six equal installments.

• q). Under its Fifth Regional Programme for Africa (1992-1996) UNDP shall contribute seven million five hundred thousand United States dollars (US$ 7,500,000) to the Phase IV Fund through 1996. UNDP will consider maintaining its contribution at the same annual level for 1997 under the Sixth Regional Programme for Africa.

• r). In addition to the contribution which it makes to the Programme by providing administrative and financial services as Executing Agency, WHO intends to contribute to the Phase IV Fund, subject to the availability of funds, a total of one million five hundred thousand United States dollars (US$ 1,500,000), in six equal annual installments.

• s). In light of progress achieved in meeting agreed programme objectives and in meeting complementary funding targets, and subject to the approval of the Executive Directors of the Bank and/or the Association through the Bank's Annual Budget and Planning Process, the President of the Bank and the Association has undertaken that the Bank and/or the Association shall contribute to the Phase IV Fund about fifteen million eight hundred thousand United States dollars (US$ 15,800,000) which is expected to take the form of six equal installments of two million six hundred thirty thousand United States dollars (US$ 2,630,000) each. Section 3.02.

• a). At the time of the annual meeting of the JPC or promptly thereafter, an understanding shall be reached between the Bank and each Contributing Party on the amount, if any, expected to be contributed by it during the following year and on the time or times at which payment should be made, such understanding to be subject, as necessary, to the approval of the appropriate legislative authorities.

• b). The Bank may include in its estimates of the amounts required to be paid in any year pursuant to this Section such sums as it shall consider necessary or desirable to establish and maintain a reasonable reserve against an excess of actual expenditures over the estimates of such expenditures.

The Contributing Parties agree to accept the Bank's decisions as to the estimated requirements of the Phase IV Fund, and of the reserve required, for the purposes of this Agreement.

The Bank shall, with respect to each calendar year in which monies of the Phase IV Fund remain undisbursed, prepare a statement of contributions to, receipts of, and disbursements from, the Phase IV Fund and cause such statement to be audited by the Bank's external auditors. The Bank shall thereafter send to each of the Contributing Parties a copy of the report of such auditors. The cost of such a statement and report thereon shall be charged by the Bank to the Phase IV Fund as an operating expense. The Bank shall waive all other operating expenses of administering the Phase IV Fund.

The Bank shall pay to, or on the order of, WHO out of the monies of the Phase IV Fund amounts for payment to be made by WHO for the Programme in accordance with the provisions of this Agreement.

When WHO shall desire to withdraw any amount from the Phase IV Fund, WHO shall deliver to the Bank a written application therefor. Except as the Bank and WHO shall otherwise agree, any such application shall be submitted on a quarterly basis on account of estimated payments to be made during the following quarter.

Article IV. Undertakings of WHO

• a). Amounts disbursed from the Phase IV Fund to WHO and any interest earned by such amounts shall be used by WHO exclusively to finance the cost of goods and services required to carry out the fourth phase of the Programme.

• b). WHO shall furnish to the Bank all such information as the Bank shall reasonably request concerning the expenditure of the monies disbursed, or to be disbursed, from the Phase IV Fund.

WHO shall not, in respect of any year of the fourth phase of the Programme, incur obligations against the Phase IV Fund in excess of the amount of funds committed to such Fund.

• a). WHO shall submit to the CSA:(i) an annual report containing appropriate information concerning the progress made in carrying out the fourth phase of the Programme and (ii) an estimated budget for the following financial period.

• b). The CSA will review those documents in time to allow their distribution to all members of the JPC not less than 30 days before the date of the meeting of the JPC at which they will be considered.

Article V. Consultation and Termination

In the event that WHO and/or the Bank shall have determined that circumstances have arisen which lead either party to conclude that it should no longer carry out its obligations hereunder:

• a). WHO and/or the Bank shall promptly notify each other and the Contributing Parties, and the Bank may by notice to said Contributing Parties and WHO suspend disbursements from the Phase IV Fund in WHOle or in part, provided, however, that such suspension, if any, shall not apply to amounts relating to obligations theretofore incurred by WHO for the Programme; and

• b). WHO and the Bank shall forthwith consult with the Contributing Parties concerning measures to be taken to correct the situation. If, after such consultation, WHO and/or the Bank shall decide that the situation is not likely to be corrected, WHO and/or the Bank shall so notify the Contributing Parties. Upon such notification, the obligations of WHO and the Bank under this Agreement shall cease, except to the extent that there would remain in the Phase IV Fund amounts contributed to such Fund and such amounts would be needed by WHO to make payments on account of obligations thertofore incurred by WHO for the Programme. To the extent that such amounts would not be needed by WHO, the Bank shall transfer them to the Contributing Parties in proportion to their respective contributions.

Without limitation upon the provisions of Section 5.01, this Agreement shall terminate upon completion of the fourth phase of the Programme or upon disbursement from the Phase IV Fund of all amounts required to meet payments to be made by WHO for the fourth phase of the Programme, whichever shall come later.

Article VI. Additonal Parties and Contributions

Any government, institution or entity not a Party to this Agreement, may in accordance with such arrangements as shall be agreed with the Bank, become a Contributing Party and shall be bound by this Agreement on the date specified in such arrangements. The Bank shall promptly after such date notify the other Contributing Parties and WHO.

The Bank may receive on behalf of the Phase IV Fund from any government, institution or entity, not wishing to become a Contributing Party, amounts not provided for herein to be held and used as part of the Phase IV Fund subject to the provisions hereof, in accordance with such arrangements, not inconsistent herewith, as the Bank may approve.

Article VII. Notices and requests

Any notice or request required or permitted to be given or made under this Agreement shall be in writing.

The following addresses are specified for the purposes of Section 7.01:

For the Government of:

The Kingdom of Belgium:

Administration Générale de la

Coopération au Développement

Ministère des Affaires Etrangères

5 Place du Champ de Mars

1050 Bruxelles, Belgique

Cable address:

AGDC BELEXT

BRUXELLES

Fax:

5190585

The French Republic:

Fonds d'Aide et de Coopération

Ministère de la Coopération du Développement

Direction du Développement

Sous-direction de la Santé et du

Développement Social

20, rue Monsieur

75700 Paris, France

Cable address:

COPCE 202363-F

Fax:

43069740

The Federal Republic of Germany:

Federal Ministry for Economic Cooperation

Karl Marx Strasse 4-6

5300 Bonn 1

Federal Republic of Germany

Fax:

535240

The Italian Republic:

Ministero Affari Esteri

Ufficio Cooperazione Multilaterale

Direczione Cooperazione Allo Sviluppo

Ministero Affari Esteri

Piazzale Delia Fornestina

00100 Roma, Italy

Fax:

369-141-38

Japan:

Multilateral Cooperation Division

Economic Cooperation Bureau

Ministry of Foreign Affairs

2-2-1 Kasumiagaseki

Chiyoda-Ku

Tokyo 103, Japan

FAX:

358-129-19

The State of Kuwait:

Kuwait Fund for Arab Economic

Development

P.O. Box 2921

13030 Safat

Kuwait

Cable address:

ALSUNDUK-KUWAIT

Fax:

965-241-9063

The Grand Duchy of Luxembourg:

Ministère des Affaires Etrangères

6, Rue de la Congrégation

L 1352 Luxembourg

Grand Duchy of Luxembourg

Fax:

22048

The Kingdom of the Netherlands:

Ministery of Foreign Affairs

P.O. Box 20061

2500 EB, The Hague

The Netherlands

Fax:

348-6608

Portugal:

Estrangeiros e da Cooperaçao

Palacio das Necessidades

Largo do Rilvas

1300 Lisboa, Portugal

Fax:

396-3984

The Kingdom of Saudi Arabia:

Ministry of Finance and

National Economy

Riyadh 11177

Kingdom of Saudi Arabia

Telex address:

401021 FINANS SJ

Fax:

4035422

The Swiss Confederation:

Development Cooperation and

Humanitarian Aid

Eigerstrasse 80

CH-3003 Berne

Switzerland

Fax:

459605

The United Kingdom of Great Britain

and Northern Ireland:

Overseas Development Administration

94 Victoria Street

London SW1E5JL

England

Cable address:

MINISTRANT

Fax:

273-0016

The United States of America:

United States Agency for International

Development

State Department

320 21st Street, N.W.

Washington, D.C. 20523

United States of America

Cable address:

USAID

Fax:

647-0148

The African Development Bank:

African Development Bank

B.P. No. 1387

Abidjan, 01

Cote d'Ivoire

Fax:

217-753

The Commission of the European

Economic Communities:

Directorate General for Development

200 Rue de la Loi

B-1049 Brussels, Belgium

Fax:

299-2872

The Organization of Petroleum Exporting

Countries Fund for International

Development:

OPEC Fund for International Development

Box 995

1011 Vienna 1

Austria