AGREEMENT BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF ESTONIA,
THE GOVERNMENT OF THE REPUBLIC OF FINLAND,
THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY,
THE GOVERNMENT OF THE REPUBLIC OF ICELAND,
THE GOVERNMENT OF THE REPUBLIC OF LATVIA,
THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA,
THE GOVERNMENT OF THE KINGDOM OF NORWAY,
THE GOVERNMENT OF THE REPUBLIC OF POLAND,
THE GOVERNMENT OF THE RUSSIAN FEDERATION,
and THE GOVERNMENT OF THE KINGDOM OF SWEDEN
ON THE ESTABLISHMENT OF THE SECRETARIAT OF THE NORTHERN DIMENSION
PARTNERSHIP
IN PUBLIC HEALTH AND SOCIAL WELL-BEING, NDPHS
The Government of the Republic of Estonia, the Government of
the Republic of Finland, the Government of the Federal Republic
of Germany, the Government of the Republic of Iceland, the
Government of the Republic of Latvia, the Government of the
Republic of Lithuania, the Government of the Kingdom of Norway,
the Government of the Republic of Poland, the Government of the
Russian Federation and, the Government of the Kingdom of Sweden,
hereinafter referred to as "the Parties",
TAKING INTO ACCOUNT that the NDPHS, as defined in the
Declaration Concerning the Establishment of a Northern
Dimension Partnership in Public Health and Social Wellbeing
(the Oslo Declaration), adopted at the Ministerial Meeting in
Oslo on 27 October 2003, has since 2004 been served by the highly
appreciated secretariat service hosted by the Council of the
Baltic Sea States Secretariat,
HAVING REGARD to the Oslo Declaration of 2003 and the
Memorandum of Understanding Concerning the Establishment of a
Secretariat of the Northern Dimension Partnership in Public
Health and Social Well-being signed at the ministerial-level
Annual Partnership Conference in Oslo on 25 November 2009, in
both of which the Partners expressed the intent and interest to
establish a permanent Secretariat,
AFFIRMING that all references to the Partnership's structures
and procedures shall be interpreted according to the Oslo
Declaration, and, in particular, that the "Partners"
refers to the eligible partners as defined in Article 2 of the
Oslo Declaration and the "CSR" refers to the Committee
of Senior Representatives, the regular co-ordination mechanism of
the Partnership, consisting of senior representatives appointed
by each Partner.
The Parties have agreed as follows:
Article 1 -
Establishment
The Parties hereby establish the Secretariat of the Northern
Dimension Partnership in Public Health and Social Well-being
(hereinafter referred to as the Secretariat) as an international
legal entity.
Article 2 -
Juridical Personality
The Secretariat shall possess full juridical personality in
the Host Country and enjoy such capacities as may be necessary to
exercise its functions and fulfil its objectives, including the
capacity to contract, to acquire and dispose of movable and
immovable property and to institute and participate in legal
proceedings.
Article 3 -
Decision Making
All decisions shall be made by consensus between the Parties,
unless otherwise provided for in this Agreement.
Article 4 -
Seat
The seat of the Secretariat shall be in Sweden.
Article 5 - Host
Country Agreement
A separate agreement shall be concluded between the
Secretariat and the Host Country (hereinafter referred to as the
Host Country Agreement). The Host Country Agreement shall
determine privileges and immunities of the Secretariat as deemed
necessary for the exercise of its functions.
Article 6 - Aims
and Functions of the Secretariat
1. The main function of the Secretariat is to provide
administrative, analytical and other support to the NDPHS
Committee of Senior Representatives (CSR) and to ensure the
continuity and coordination of the work of the Northern Dimension
Partnership in Public Health and Social Well-being. In addition,
the Parties may assign the Secretariat with other tasks, as
appropriate.
2. Detailed aims and functions of the Secretariat are set out
in the Terms of Reference.
Article 7 -
Personnel
1. The Secretariat shall be composed of a Director and, within
the financial resources available, such number of other Staff
Members as the successful performance of its tasks will
require.
2. The Director of the Secretariat shall be appointed by the
Parties. The CSR Chair is authorized to sign the employment
contract with the Director of the Secretariat on behalf of the
Parties. Other Staff Members of the Secretariat shall be
appointed by the Director of the Secretariat at the approval of
the Parties.
3. The Director of the Secretariat and other Staff Members
shall be appointed on the basis of merits in a manner which takes
account of geographical balance, gender and of the principle of
rotation.
4. Detailed Staff Rules, Administrative Manual and Regulations
are to be set out in a Personnel Handbook of the Secretariat, to
be developed by the Director of the Secretariat and approved by
the Parties.
Article 8 -
Financial Contributions
1. The financial year of the Secretariat is the calendar
year.
2. The Director of the Secretariat shall every budget year
prepare a financial report and a draft budget to be approved by
the Parties.
3. The Secretariat shall be audited by an independent Auditor
appointed by the CSR.
4. Detailed regulations on the financial matters shall be set
out in the Financial Rules of the Secretariat, to be developed by
the Director of the Secretariat and approved by the Parties.
5. The Parties shall provide annual financial contributions
required for the Secretariat according to the following payment
formula: a larger contribution shall be 2.6 times a smaller
contribution. Larger contributors are: Finland, Germany, Norway,
Poland, the Russian Federation and Sweden; and smaller
contributors are: Estonia, Iceland, Latvia and Lithuania. Before
approving a new Party to the Agreement, the existing Parties
shall agree with that Party on the contribution level.
Article 9 -
Settlement of Disputes
Any dispute regarding the interpretation or application of
this Agreement shall be resolved by consultations between the
Parties.
Article 10 -
Amendments
1. This Agreement may be amended by the Parties. A proposal to
amend the Agreement shall be done in writing and communicated to
the Depositary. The proposed amendment shall be communicated to
all the Parties by the Depositary.
2. The amendment shall be adopted by consent by the Parties
and shall enter into force on the sixtieth day after the
notification of all Parties to the Depositary of the completion
of national legal procedures necessary for the amendment to enter
into force.
Article 11 -
Accession
Any Partner of the NDPHS may at any time, after the entry into
force of this Agreement, make a request to the Depositary to
accede to this Agreement. The Depositary shall inform all Parties
of such a request. If the request is approved by the Parties, the
Agreement shall enter into force for the Partner in accordance
with the procedure laid down in Article 12.1.
Article 12 -
Entry into Force
1. The Parties shall notify in writing the Depositary of the
completion of national legal procedures necessary for this
Agreement to enter into force. The Agreement shall enter into
force on the sixtieth day following the date of the receipt by
the Depositary of the sixth such notification. For each Party
expressing its consent to be bound by the Agreement after the
date of receipt of the sixth such notification by the Depositary,
the Agreement shall enter into force on the sixtieth day after
the deposit by such Party of its notification of the completion
of national legal procedures.
2. The Depositary shall inform the Parties of the date of
entry into force of the Agreement.
Article 13 -
Withdrawal
1. Any Party may withdraw from this Agreement by a written
notice submitted to the Depositary. A withdrawal from the NDPHS
shall consequently result in a withdrawal from the Agreement. The
withdrawal shall take effect at the end of the financial year
following the year in which the Depositary received the
notice.
2. The remaining Parties shall consult on the future existence
and structure of the Secretariat.
Article 14 -
Depositary
The Russian Federation shall be the Depositary of this
Agreement.
In witness whereof the undersigned, being duly authorised by
their respective Governments, have signed this Agreement.
Done at Saint-Petersburg on 25th of November 2011
in one original copy in English to be kept by the Depositary. The
Depositary shall issue authenticated copies to all the
Parties.
For the Government of the Republic of Estonia,
For the Government of the Republic of Finland,
For the Government of the Federal Republic of Germany,
For the Government of the Republic of Iceland,
For the Government of the Republic of Latvia,
For the Government of the Republic of Lithuania,
For the Government of the Kingdom of Norway,
For the Government of the Republic of Poland,
For the Government of the Russian Federation,
For the Government of the Kingdom of Sweden
