October 12, 1970

EXCHANGE OF NOTES BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE FEDERAL REPUBLIC OF GERMANY CONCERNING THE EXTENSION OF THE RAT EXTERMINATION PROGRAMME

Note: The Agreement entered into force, October 12, 1970.

Reference: This Agreement is also published in IX DFA TS No. 1, p. 73.

8 August 1970

Excellency:

I have the honour to refer to the Memorandum from the Bureau of Plant Industry, transmitted by Note Verhale of 29 April 1970, concerning a rat extermination programme and to propose on behalf of the Government of the Federal Republic of Germany that in pursuance of the Agreement of 5 February 1963 between our two Governments concerning Technical Cooperation and the Arrangements of 5 February 1969 and 14 May 1970 for the extension and expansion of the rat extermination programme the following Arrangement be concluded.

1. The Government of the Federal Republic of Germany shall supply to the Government of the Republic of the Philippines free of charge c.i.f. port of unloading Manila.

a. various rat extermination agents
b. six cross-country vehicles
c. One VW station wagon
d. two 16-mm film projectors
e. two slide projectors
f. two 16-mm film cameras
g. various laboratory equipment.

2. The rat extermination agents, vehicles and equipment listed in paragraph 1 above shall, upon arrival at the port of unloading, become the property of the Republic of the Philippines provided that they shall be at the unrestricted disposal of the German experts for the rat extermination campaign. The German experts shall decide in agreement with the component representtative of the Government of the Republic of the Philippines which agent shall be used in each case.

3. The Government of the Republic of the Philippines shall

a. exempt the rat extermination agents, vehicles and equipment listed in paragraph 1 above from harbour dues, import duties and other public charges,
b. ensure their early transportation from the port of unloading to the place of utilization and bear any necessary storage costs,
c. bear the cost of transport from the port of unloading to the place of utilization.

4. The Government of the Republic of the Philippines shall

a. provide the technical facilities and personnel for the storage and utilization of the rat extermination agents, vehicles and equipment listed in paragraph 1 above,
b. bear the running and maintenance costs, including insurance costs, for the vehicles listed in subparagraphs (b) and (c) of paragraph 1 above, and shall provide suitable drivers,
c. provide a sufficient number of counterparts who, after the termination of the programme, will be able to continue the extermination campaign and, above all, to prevent a reinfection of the cleared area.

5. The Government of the Republic of the Philippines shall, in agreement with the German experts, provide the necessary bait.

6. The Government of the Federal Republic of Germany shall at its expense dispatch another expert for an initial period of two years.

7. The expert shall carry out, in co-operation with the expert already on assignment, research work on behaviour in the areas with the highest rate of rat infestation, train Philippine technicians, and conduct pilot rat extermination campaign.

8. In all other respects the provisions of the aforementioned Agreement of 5 February 1963, the Arrangement of 5 February 1969 and of 14 May 1970, as well as the Memorandum, shall apply to the present Arrangement. The Government of the Republic of the Philippines shall ensure that the provisions of the Agreement of 5 February 1963, shall in accordance with paragraph 2 Article 9 thereof, apply to the project even if the extension of the Agreement has not yet been agreed upon.

If the Government of the Republic of the Philippines agrees to the proposals contained in paragraphs 1 to 8 above, I have the honour to suggest that this Note and Your Excellency's Note in reply thereto expressing the agreement of your Government shall constitute an Arrangement between our two Governments, to enter into force on the date of your reply.

Accept, Excellency, the assurances of my highest consideration.

	(Sgd.) BARON JOBST VON BUDDENBROCK
	Ambassador Extraordinary and Plenipotentiary
	of the Federal Republic of Germany

DEPARTMENT OF FOREIGN AFFAIRS

Manila, 12 October 1970

Excellency:

I have the honor to refer to Your Excellency's Note No. III-B7-87, dated 9 August 1970, the text of which is quoted in full as follows:

"I have the honour to refer to the Memorandum from the Bureau of Plant Industry, transmitted by Note Verbale of 29 April 1970, concerning a rat extermination programme and to propose on behalf of the Government of the Federal Republic of Germany that in pursuance of the Agreement of 5 February 1963 between our two Governments concerning Technical Co-operation and the Arrangements of 5 February 1969 and 14 May 1970 for the extension and expansion of the rat extermination programme the following Arrangement be concluded.

"1. The Government of the Federal Republic of Germany shall supply to the Government of the Republic of the Philippines free of charge c.i.f. port of unloading Manila.

a. various rat extermination agents
b. six cross-country vehicles
c. one VW station wagon
d. two 16-mm film projectors
e. two 16-mm film cameras
f. various laboratory equipment.

"2. The rat extermination agents, vehicles and equipment listed in paragraph 1 above shall, upon arrival at the port unloading, become the property of the Republic of the Philippines provided that they shall be at the unrestricted disposal of the German experts for the rat extermination campaign. The German experts shall decide in agreement with the competent representative of the Government of the Republic of the Philippines which agent shall be used in each case.

"3. The Government of the Republic of the Philippines shall

a. exempt the rat extermination agents, vehicles and equipment listed in paragraph 1 above from harbour dues, import duties and other public charges,
b. ensure their early transportation from the port of unloading to the place of utilization and bear any necessary storage costs,
c. bear the cost of transport from the port of unloading to the place of utilization.

"4. The Government of the Republic of the Philippines shall

a. provide the technical facilities and personnel for the storage and utilization of the rat extermination agents, vehicles and equipment listed in paragraph 1 above,
b. bear the running and maintenance costs, including insurance costs, for the vehicles listed in sub-paragraphs (b) and (c) of paragraph 1 above, and shall provide suitable drivers,
c. provide a sufficient number of counterparts who, after the termination of the programme, will be able to continue the extermination campaign and, above all, to prevent a reinfection of the cleared area.

"5. The Government of the Republic of the Philippines shall, in agreement with the German experts, provide the necessary bait.

"6. The Government of the Federal Republic of Germany shall at its expense dispatch another expert for an initial period of two years.

"7. The expert shall carry out, in co-operation with the expert already on assignment, research work on behaviour in the areas with the highest rate of rat infestation, train Philippine technicians, and conduct pilot rat extermination campaign.

"8. In all other respects the provisions of the aforementioned Agreement of 5 February 1963, the Arrangement of 5 February 1969 and of 14 May 1970, as well as the Memorandum, shall apply to the present Arrangement. The Government of the Republic of the Philippines shall ensure that the provisions of the Agreement of 5 February 1963, shall in accordance with paragraph 2 Article 9 thereof, apply to the project even if the extension of the Agreement has not yet been agreed upon.

"If the Government of the Republic of the Philippines agrees to the proposals contained in paragraphs 1 to 8 above, I have the honour to suggest that this Note and Your Excellency's Note in reply thereto expressing the agreement of your Government, to enter into force on the date of your reply.

"Accept, Excellency, the assurances of my highest consideration."

I have the honor to inform Your Excellency that my Government agrees to the proposals contained in the above-quoted Note, and to confirm that Your Excellency's Note and this Note shall constitute as Agreement between our two Governments to take effect on this date.

Accept, Excellency, the assurances of my highest consideration.

	(Sgd.) MANUEL COLLANTES
	Acting Secretary of Foreign Affairs

Source: Supreme Court e-Library