OFCIAL P(f272 0/4I DOCUMENTS' IMPLEMENTATION AGREEMEh T FOR STRENGTHENING WASTE MANAGEMENT PROJECT FINANCED OUT OF TYE "WESTERN BALKANS: WBIF PROGRAM TRUST FUND-KOSOVO" Trust Fund Number: TF072016 Wheri-as, the International Bank for Rezonstruction and Development (hereinafter referred to as the "WorIld Bank") and the European Bak ft r Reconstruction and Development acting as co-manager of the European Western Balkans Joint Fur d (h ,reinafter referred to as the "EBRD") entered into a Trust Fund Administration Agreement Regarding Implementation by The World Bank of Projects Approved by the Steer,ng Committee of the Joir tC rant Facility of the Western Balkans Investment Framework, in Koscvo, dated March 20, 2013 (t ie "Adn inistration Agreement"). Wheras, the Ministry of Envirorment ar d Spatial Planning (the "Project Beneficiary") has requested the World Bank to provide to the Pr)ject Beneficiary technical assistance for implementation of the Project, as described in Schedule 1 of this Impletr entation Agreement. Whereas, on June 14, 2012, the Steoring Committee of the JGF has approved the Project to be financed out of the EWBJF Resources anJ has as signed the World Bank to act as a Lead Financial Institution, as such term is defined in the Admi iist ratio i Agreement. Whereas, the World Bank agrees to impl:-ment the Project in accordance with the terms and conditions set forth in the Administration Agre.mcnt and in this Implementation Agreement. Now therefore, the World Bank and the 'BBRD, agree as follows: Tenns not otherwise de Tned in ihis Imp lementation Agreement are used as defined in the Administration Agroement. 1. Implementation Perio I ol the Project The implementation pe iod of t e Project shall commence on the day following the date of entry into force of this Implementition Agreement (the "Commencement Date") and shall be completed by December 3', 20 14, which shall in no case be less than four (4) months prior to the End Disbursement Dat: (the 'Closing Date). The period of time between the Commencement Date and the Closing Date, bol h inclusive, shall constitute the "Implementation Period" of the g Project. 2. Amount and disburse meit of the Contribution In accordance with tf e f rovi:,ions of the Administration Agreement and the approval of the Steering Committee of th- JGF of the WBIF dated June 14, 2012, the EBRD shall transfer the EWBJF Grant to the Wor.d Bank in the amount of EUR 400,000 (four hundred thousand Euros) to the Trust Fund. EBRD shall inform the World Bank when such payment has been initiated. When making each such transfer. EBRD shall instruct its bank to include in its payment details information (remittance advice) field of its SWIFT payment message, information indicating: the amount paid, that the payment s made by the EBRD for TFO72016 the "Western Balkans: WBIF Program-Kosovo" (tlie "Tnst Fund") for the "Strengthening Waste Management Project * (P143131)", and the ([ate of the deposit (the "Deposit Instruction"). In addition, the EBRD shall -1- a provide a copy of the EBR's F eposit Instruction to the World Bank's Accounting Trust Funds Division by e-mail sent I0 tfremi ,advice@worldbank.org or by fax sent to (202) 614-1315. The World Ba:k shall prompt,y confirm receipt of the full amount of the EWBJF Grant so transferred. 3. Payment Terms 3.1 Following the entry ir to force of this Implementation Agreement, the EWBJF Grant shall be paid in full by the EBRD ia EJR, so the Trust Fund, within 15 (fifteen) days of the receipt of a Call of Funds from tre Worl I B ink. 3.2 It is expressly acknoNlelged and agreed that the EBRD shall not be obliged to make any payment under and/or pursuant t3 thii Implementation Agreement, except to the extent that an amount in respect of, and equil to, su;h payment is available to the EBRD in the Fund Account for such purpose. 4. Use of the EWBJ1 Grant The EWBJF Grart stall te used by the World Bank solely for the purpose of implementing the Project in accoidarce with this Implementation Agreement, and the provisions of the Administration A gre,emer t. Upon transfer of thc E)A BJF Grant by the EBRD to the World Bank, the World Bank shall be solely responsib,e for tfe management and administration of the EWBJF Grant in accordance with the terms of the Ad ninistration Agreement and this Implementation Agreement. 5. Communication Except as proN ide A foi in Section 4.3 of the Administration Agreement, any notice, request or other communication o be given or made under this Implementation Agreement shall be in writing and d,liv2red by mail, facsimile or e-mail to the respective party's address specified below or at such othe address as such party notifies in writing to the other party from time to time:ri t For the Worlk BEnk: Bjorn Philipp Senior Urbar Specialist Sustainable Devlop nent Sector Unit The World Fanl. 1813 H Street, NW Washington DC 20 33 U.S.A. Tel (202) 473-7802 Fax: (202) 22 0895 E-mail: bhi r o -- 2 -- For the EBRD: EBRD One Exchange Square London EC2A 2JN United Kingdom Attention: Director Donor Co-Fina icing Telefax: +44 207 338 6942 E-mail: Jonesr(d)ebrd.com 6. Amendment This Implementation Agre.-mont may be amended only in writing between the World Bank and the EBRD, in accord with the EIE, except for changes in communication addresses, which may be agreed by exchange of letters among the Parties. 7. Disclosure The World Bank will disclose this Implementation Agreement and applicable related information on this Implementation Agre.-ment in accordance with the World Bank Policy on Access to Information. By entering i-ito this Implementation Agreement, the EBRD consents to disclosure of this Implementation Ag eenent and related information on the Implementation Agreement. 8. Settlement of Disputes Any disputes arising out of or in cc nnection with this Agreement, including its existence, validity, interpretation or terminaticn shall be settled amicably between the World Bank and the EBRD. In default of amicabl. settlenieni, the World Bank or the EBRD may refer the matter for resolution through arbitration in accordance xith the UNCITRAL Arbitration Rules as at present in force. There shall be one arbitrator a id tl e appointing authority shall be Permanent Court of Arbitration at The Hague. The place o arbitrai ion shall be The Hague and the English language shall be used throughout the arbitral proceeding.. The arbitral tribunal shall not be authorized to grant, and the Parties agree that neither Pany shall seek from any judicial authority, any interim measures or pre-award relief against the othor Party, any provisions of UNCITRAL Arbitration Rules notwithstanding. 9. Privileges and Immunities Nothing in this Agreemeni shall bc construed as a waiver, renunciation or modification of any of the immunities, privileges or exeriptions enjoyed by the World Bank, the EBRD and the EIB, their Governors, Directois, alteriates, officers and employees pursuant to their respective constituent documents, int.rmation d convention or any applicable law, all of which are expressly reserved. 10. Accord with the European Lives ment Bank For purposes of the EWBJ F C enei al Conditions, the EBRD hereby represents to the World Bank that it is entering into this Agr.em(nt in full accord with the EIB. IN WITNESS WHEREOF, each "arty, a ting through its duly authorized representative(s), has signed two originals of this Agreement in the E iglish language, all originals having equal force for all legal g purposes. This Agreement shall be,one ef ective as the date of the last countersignature. WOR T= ORBANK: FOR THE EBRD: 3y: By: Authorized Representative Authorized Representative '4ame: Name: (10ame LA Ykt 'itle (Z4-~A~ ~Title:0 XCcc - Date: 0 '3 Date: -- 4-- SCHEDULE 1 rO THE IMPLEMENTATION AGREEMENT FOR THE KOSOVO ST RE NGTHENING WASTE MANAGEMENT PROJECT This Sc-iedule 1 shall be ap3licable to End f)rm an integral part of the Implementation Agreement entered into between the World Bark and tle EBRE. A. DESCRIPTION OF THE PROJECT (1) The objective of the Projeci: is to a.sist the Government of Kosovo in defining key reform areas ,and identifying priority inv,stnent. in the waste management sector to improve access, quality, financial sustainabi ity and ,nv ronr iental practice of waste management services. (2) The Project consists of the LllIwinj; Parts: World Bank Executed Act ivilies: Part 1: Development of a 10. -15 3 ear Sector Development Plan for waste management reform 'including industrial and haza-dou; waste), to include phased investment needs, development scenarios and required capit al, oxpa ision of public private partnership, institutional arrangements, tegal framework, operationE I arid m; tintenance costs. Part 2: Pre-feasibility studies and other priority action plans for activities which may include future upgrade of existini) cispoial sites, clean-up of dump sites, assistance with tariff reform/improvemernt of bill ng and collection rates, and assistance with expanding private sector Participation in sen ice delivery. B. CATEGORIES OF EXPENDITURES The EWBJF Grant for the Project nay be used to finance the following categories of expenditure, as applied by the World Bank: - Associated Overheads; - Consultants Fees; - Contractual Services; - Equipment Costs Lease * - Extended Term Consultants; - Media and Workshop Costs; - Staff Costs (with indirects, as ipp icab e); - Travel Expenses; and - Temporary Support Staff Cost;. -- 5--