The Government of the Republic of Indonesia on behalf of the member countries of the Association of Southeast Asian Nations (ASEAN) and the Commission of the European Communities, acting for and on behalf of the European Economic Community;
RECOGNIZING the important role of energy resources in economic and industrial development;
AWARE that the development of skills in energy management has become a necessity to provide the necessary and effective instruments for implementation of the basic strategy of cooperation in planning, research and development, training and education and data information services;
RECALLING the Cooperation Agreement between the member countries of ASEAN and the European Economic Community, signed at Kuala Lumpur on 7 March 1980, and the decision of the ASEAN - EC Economic Ministerial Meeting at Bangkok on 16 - 17 October 1985 to establish the ASEAN - EC Energy Management Training and Research Centre (AEEMTRC);
RECALLING FURTHER the decision of the Special Meeting of ASEAN Senior Officials on Energy Cooperation, on 3 - 4 December 1986 in Jakarta after having been duly mandated by the 18th ASEAN Economic Ministerial Meeting on 28 - 30 August 1986 in Manila to decide on the seat of the ASEAN - EC Energy Management Training and Research Centre and the endorsement of the Sixth Meeting of ASEAN Economic Ministers on Energy Cooperation at Jakarta on 12 - 13 March 1987.
RECOGNIZING the mutual benefits to be derived from the ASEAN - EC Energy Management Training and Research Centre;
HAVE AGREED AS FOLLOWS:
Article 1
Establishment
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There shall be established the ASEAN - EC Energy Management Training and Research Centre, hereinafter referred to as "the Centre".
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The Centre shall have its seat in Jakarta, Indonesia hereinafter referred to as the "Host Country", based at "Lemigas" Research and Development Centre for Oil and Gas Technology.
Article 2
Purpose
The purpose of the Centre is to strengthen cooperation among the ASEAN countries and between ASEAN and the European Community (EC) in the field of energy through proper energy management to secure energy supply for economic and social development.
Article 3
Activities
To achieve its purpose, the Centre shall undertake the following activities:
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to organize exchange of research results on energy policy management, planning techniques, energy statistics and forecasting for institutes, administrations, industries and other institutions of ASEAN countries;
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to support energy research activities for ASEAN researchers and arrange joint ASEAN - EC energy management research programmes;
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to organize exchange of energy researchers between the ASEAN countries and the EC, in particular to act as an institutional link between ASEAN and European Energy Institutes, Industries and Administrations;
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to train energy planners and experts of the ASEAN countries at different levels. of management;
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to assist in arranging short term training programmes and visits in European energy institutes and industries.
Article 4
Organization and Management
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The organization of the Centre, shall comprise the Project Steering Committee, the Technical Advisory Panel, a Director, an EC Special Advisor, an Administration Staff and three Divisions;
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The Project Steering Committee hereinafter referred to as "PSC".
(a) the PSC shall consist of National Coordinators on energy cooperation appointed by each ASEAN member country, as well as senior officials appointed by the EC;
(b) the Chairman of the PSC shall be elected by its members;
(c) the PSC shall advise the Senior Officials Meeting (SOM) on Energy Cooperation or the appropriate Committee to be established under the auspices of ASEAN Energy Ministers' Meeting in the formulation of the general policy and direction for the Centre, to supervise and monitor the implementation and administration of the Centre and approve its work programmes and annual budget;
(d) the PSC shall meet once a year and all its decisions shall be by consensus;
(e) the PSC shall report to the SOM on Energy Cooperation.
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Technical Advisory Panel hereinafter referred to as "TAP".
(a) the TAP shall consist of the members of the PSC, the Director and Senior Researchers of ASEAN countries and EC representatives;
(b) the TAP will advise the PSC in formulating the work programmes for the Centre.
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Director
(a) the Director shall be headed by a Director appointed by the SOM on Energy Cooperation or the appropriate Committee to be established under the auspices of the ASEAN Energy Ministers' Meeting on a rotation basis among ASEAN member countries or as otherwise decided by the SOM on Energy Cooperation on the recommendation of the PSC;
(b) the Director shall be responsible for the proper operation and management of the Centre in keeping with the directions and guidelines established by the SOM on Energy Cooperation;
(c) in carrying out his task the Director shall be responsible to the PSC;
(d) the term of office of the Director shall be three years extendable on a yearly basis but not more than three additional years.
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Special Adviser
(a) The appointment of the EC Special Adviser shall be proposed by the EC and approved by the SOM on Energy Cooperation;
(b) The Special Adviser shall cooperate in particular in European energy policy matters. He shall furthermore coordinate the European contributions to the Centre in agreement with its Director, in particular concerning the European researchers and lecturers as well as the training, exchange and visitor programmes for ASEAN nationals in Europe.
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Heads of Division
(a) the Centre shall have three operational divisions: Training, Information and Research, each headed by a Head of Division;
(b) the Heads of Division are appointed by the Director upon the approval of the PSC;
(c) the Heads of Division shall plan and coordinate respective activities conducted at different sub-focal points;
(d) in the exercise of this task, the Head of Division shall cooperate with the National Coordinators.
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Head of Administration
The Head of Administration shall be appointed by the Director from candidates proposed by ASEAN member countries upon approval by PSC, and shall be responsible for the administrative and financial matters of the Centre.
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Locally Recruited Staff
The Director shall employ such Locally Recruited Staff for clerical and other duties as are necessary for the normal functioning of the Centre.
Article 5
Staff Regulations
Subject to the other provisions of this Agreement, the terms and conditions of employment of the members of the Staff and of the Locally Recruited Staff of the Centre shall be set out in Staff Regulations laid down by the Director and approved by the PSC.
Article 6
Budget and Funding
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The Centre shall be financed by the EC and the Host Country.
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The Host Country's contribution to the Centre shall be in kind and shall be in the form of :
(a) Office facilities;
(b) Training courses and seminar facilities;
(c) General office expenses, including salaries of local auxiliary staff
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The EC financial support shall cover:
(a) The cost of research and training programmes;
(b) Allowances or Salaries for the management of the Centre, the permanent researchers and other scientific supporting personnel;
(c) Operational cost of the Centre, except those indicated under point 2 (c).
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The EC financial contribution for the Centre shall be settled in accordance with a Special Financing Agreement covering the three year period and from other EC contributions to be agreed upon on an annual basis in accordance with internal budgetary appropriations and procedures.
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The income obtained from payment or compensation of consulting services rendered by the Centre may be used to cover part of the annual budget of the Centre.
Article 7
Other Donor Parties
There shall be possibility for other countries or international/Regional Organizations to cooperate
Article 8
Privileges
The Host Country shall grant to the Centre, the Director and the Staff such privileges as may b necessary for the performance of their duties an functions in accordance with the laws and regulation prevailing in the Host Country.
Article 9
Amendment
Each Party may propose amendments to this Agreement. Such amendments when approved b both Parties shall come into force from such date as may be agreed upon.
Article 10
Working Language
The working language of the Centre shall in English.
Article 11
Entry into Force and Duration
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This Agreement shall come into force as the date of its signing and shall remain force initially for the period of three years and thereafter for the period of two years subject to the right of either Party to terminate it in writing given six months before the date of expiry of any period;
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The termination shall not prejudice the completion of any on going programmes of the Centre
This Agreement is drawn up in the English language in two copies each being equally valid.
DONE at Brussels, this 8th day of September 1988.
For ASEAN
signed
ATMONO SURYO
For the COMMUNITY :
signed
J. DURIEUX