. .. . .. . .. . . . . ' T P 0 4 1 Y 4 q0 4 M A R 2 0 1 3 The World Bank 818 Street N.W. (202) 473-1000 INTERNATIONAL BANK FOR RECONSTRUCTION AND DEJE gton, D.C. 20433 Cable Address: INTBAFRAD INTERNATIONAL DEVELOPMENT ASSOCIATION . Cable Address: INDEVAS December 10, 2012 M!. Juan L6pez-D6riga, Direc :or Agncia Espafiola de Coopcraci6n "nternacional para el Desarrollo (AECID) Ministerio de Asuntos Exterior.s y de Cooperaci6n Av. Reyes Catolicos 4 28040 Madrid Mr, Alberto Soler Vera, Director G -neral de Andlisis Macroecon6mico y Economia Internacional Direcci6n General de Andli ;is q4ac -oecon6mico y Economia Internacional Ministerio de Econormia y Corr.peti tividad P0 de la Castellana, 1 62, pla nta 16 28071 Madrid Re: Amendment to the Admninistri'tion Agreement between the Kingdom of Spain, and the International Bank fcr Reconstruction and Development and the International Development Association concerr ing the Multi-Donor Trust Fund for Justice Sector Support in the Rephblic of Serbia (TFO71444) (Successor of TFO71171) Dear Mr. L6pez-D6riga and Ar. Sol(r Vera: 1. We refer 10 the kdministration Agreement between the Kingdom of Spain represented by the Spanish A.ency fi r International Development Cooperation and the Ministry of Economy and Finaice (th: "Donc r") and the International Bank for Reconstruction and Development (IBF-D) and the International Development Association (IDA), (collectively, the "3ank") re )ard Ing the Multi-donor Trust Fund for Justice Sector Support in the Rerublic of Serb a (TF071444) (successor of TF071171) (the "Trust Fund") dated June 18, 2009, as amended as of April 15, 2010 and December 23, 2011 (the "Administration Agree:nent"). 2. Pursuant to recert discussions between the Donor and the Bank, the Bank hereby proposes to amend tie Agr(ement as follows: Attachment 1 titl.,d "De3cription of Activities and Expenditures under the Multi-Donor Trust Fund" of t ie Agreement is replaced in its entirety by a new Attachment 1 attached hereto, which constitutes an integral part of this Amendment il. In addition, costs for pr( gram management and trust fund administration as defined in Attachment 2tit ed "Standard Provisions Applicable to the Multi-Donor Trust Fund for Justice S.;,ctor Si ipport in the Republic of Serbia", Section 3.b, up to a maximum of one hundred and twenty thousand five hundred and fifty nine United States Dollars (JS$ 1:0,559) will be amended to a maximum of one point six percent (1.6%) of each Contrilution to be charged to the Trust Fund on an actual basis. If the contributions iricre ase beyond what was originally expected at the time of counter-signature of the fir ;t administration agreement, and the administrative costs increase as a result, te E onors acknowledge that an additional administrative fee may be applied to such new contributions. 0' -A A'- F l Al AII II CAAA f CAY lOnl A77 PqQ1 Mr. Juan L6pez-D6riga Mr. Alberto Soler Vera -2- December 10, 2012 iii. The Donor's Contribution, as defined in the Agreement, that was already paid into the Trust Fund No.07 1444 prior to the date of this Amendment letter shall not be subject to the administritive cost set forth in Section 3.b of the Attachment 2; provided, however, that thi sa d administrative cost set forth in Section 3.2 shall apply to all new or unpa.d contr ibutions made to the Trust Fund after the date of this Amendment letter. iv. Attachment 2, Secion 3.t will read as follows, "In addition, costs for program management and trust fuid Ldministration as defined by Attachment 1 to a maximum of one point six percent (1.6%) of each Contribution will be charged to the Trust Fund on an act ial basi s." 3. All other terms of he Agr,ement shall remain the same. 4. It is the Bank's polic) to make publicly available the Administration Agreement and any information relat:,d ther -to, including this Amendment. By confirming its agreement below, tle Donor conse,nts to the disclosure of this Amendment after it has become effective. 5. We propose that .his let er shall constitute an amendment to the Agreement between the Bank and the Dor or. )lease confirm your agreement with the foregoing, on behalf of the Donor, by si&nir g and dating the two originals, retaining one original for your records and relurning the oth or original to the Bank. Upon receipt by the Bank of such agreement in writing by all I lonors contributing to this trust fund, the Amendment to the Agreement will become ef Fective as of the last date of the agreements by the Donors. The Bank shall iromptli notify the Donor when the Amendment becomes effective. Sincerely, INTERNATIONAL BA "K FOR RECONSTRUCTION AND DEVELOPMENT INTERNATIONA DEVELOPMENT ASSOCIATION By /s/ Loup Brefort Couitry Ma lager for the Republic of Serbia Eirop, and Central Asia Region AGREED: KINGDOM OF SPAIN By: By: Nume: Name: yt EL DIRECTOR DE IA teE: -;} D__O Date: ________ Juan 1-6pez- nill= pl '-~ - ATTACHMENT I OF THE ADMINISTRATION AGREEMENT Description of Activities and Expenditures under the Multi-Donor Trust Fund forJustico Sectoi- Support in the Republic of Serbia This Attachment shzll be appli -abl - to and form an integral part of all agreements entered imo between the Baak and nt ties (collectively, the "Donors") that provide contributions (the aggregate of all co:itributions from the Donors, the "Contributions") to be administered by the Bank for the T -ust Fund. A. DESCRIPTION OF ACT VITIES The objective of the Trust ur d is to provide support for strengthening the justice sector of :he Republic of Serbia ir. order 10 facilitate its integration to the European Union. The Trust Fund activities consisl: of the following components: a. Bank-executed ActivieA Component 1.Advisoiys,-rvices. Sub-component 1.1.Proiisio of Advisory Services for Justice Sector Reform. Provide advisory services, it cluding but not limited to preparation of analytical reports, provision of trainii g, facilitation of policy dialogue and conducting surveys, in the areas cf (i) in. titutional capacity, (ii) resource management and aid coordination, (iii) legal and 'nstitutional environment, (iv) judicial facilities and infrastructure, and (v oL trea -h, monitoring and evaluation in order to strengthen the justice sector reform in th - Republic of Serbia; Sub-component 1.2. ProvisiLn of Additional Advisory Services for continued Justice Sector Reforn. Adv sory services provided under this Component 1 and initiated after May 1, 20 12, sl iall include, among others: I. Preparation o] z ro tdmap of projects to be used for planning and implementatioi of fu ure initiatives in the Serbian Justice Sector, as well as preparation of form documents which may be used for future planning, design, and implementation of these projects. II. Training related to an i of the above mentioned activities may be provided; III. Development ar d )romotion of a SWAp (sector-wide approach) methocology .0 be u;ed in planning Justice Sector reform at the central level. Training will b.- provided to key MOJ staff to facilitate the SWAp preparations; IV. Support to the newly introduced judicial services in accordance with best practices, includiig bit not limited to notary and bailiff services; V. Preparation of a repc rt on the case management, system in the courts of general jurisdiction, and propose mechanisms to update the case management systlem; VI. Preparation of a prop )sal to adopt certain measures for efficient reduction of inflow of minor ca: es to the courts within the current legal framework. VII. Preparation of documentation setting out best practices in the provision of the newly introduced, udicial services (i.e. notaries, bailiffs, etc). ' A ')A IA)7 ff) 1AII II A1Ar CJ rAY [qfl91 A77-AQO1 VIII. Provision of ,;up ort for the development of justice sector performance indicators for j udges , nd prosecutors; IX. Provision of support for the development of an effective mechanism for collection, aralysis and publishing of statistical data on judiciary performance for he -urposes of better analytical work of the MoJ, HJC and SPC; X. Provision of techni:al assistance for the preparation of a set of recomriendati :ns for the business reengineering of courts. Component 2.Supervisio l of Recipient-executed activities. Carry out supervision of Reci pient-executed activities. Component 3. Trust F und Administration and Program Management Manage and adminisi:er the Trust Fund as per trustee responsibility, including donor and stakeholder coordi iation and report preparation. b. Recipient-executed A 7til itiei Component 4. Techni:al Ass stance Sub-componeit 4.1 Jstice St ctor Reform Facilitation Unit Provide support for the esta )lishment and operation of a Justice Sector Reform Facilitation Unit in the Vinis ry of Justice of the Republic of Serbia (MOJ), which will be responsible 'or facilitating and coordinating the justice sector reform program of the Republic of S -rbia. Sub-componer,t 4.2 A cce.;s to Justice Provide technical as,;istance to improve access to justice by (i) developing a legislative framework for fre, legal aid based on the strategy for free legal aid, (ii) establishing the natio ial and local institutions responsible for overseeing the free legal aid system, (iii) b)uik ing the capacity of free legal aid providers, (iv) increasing the efficicncy in the MOJ, (iv) facilitating knowledge-sharing, (v) carrying out a public awaren.-ss campaign, and (vi) strengthening the monitoring and evaluation systerr s aad c ipacities in the MOJ. B. CATEGORIES OF EXPENUITURE For Bank-executed activitics the C )ntributions may be used to finance (a) staff costs, (b) media and workshop, (c) consultar ts fee, (d) contractual services, (e) extended term consultants costs, (f) temporary support staff costs, (g) travel expenses, (h) associated overheads, and (i) equipme at l -ase For Recipient-executed acti vit es, I he Contributions may be used to finance (a) consultants' services, excluding sa aries of government employees, (b) training, (c) goods, and (d) operating costs. The Contributions siall not be used to finance taxes, except social benefit charges of inividual consultants, attribut-d to the expenditures on Recipient-executed activities. C, INSTITUTIONAL ARRNC EMENT A \4anagement Committee foi the Multi-Donor Trust Fund for Justice Sector Support in the Republic of Serbia (the "Comr iittee") is established to provide general oversight and direction for the Trast Furd, The Committee is comprised of representatives from the MOJ, all Donors contribu.iri to the Trust Fund, the Bank and, as appropriate, other beneficiaries of the Trust Fund. "'he Committee shall be chaired by the Bank, and co- chaired by the Commission. I he Committee shall be consulted on individual activities to be financed from the 'ru:;t I und, excluding activities concerning Trust Fund management, administration, and monitoring and supervision of Recipient-executed activities. The Republic of Serb a and Donors may recommend to the Committee in w-iting to have certain activities e cecuted by the Bank, which shall be subject to Bank's approval. The Committee slz11 ei isure that the activities financed under the Trust Fund ar. in conformity with the development priorities of the Republic of Serbia, the Donors ard the Bank, and also fa:,ili -ate the Republic of Serbia's integration to the European U:iion. The Bank shall rep.rt to tL e Committee on quarterly basis on activities financed or proposed to be financed anc er th e Trust Fund. D. PROJECT REPORTING AN [ INDICATORS The IBRD will monitor a:ad evaluate the progress of the Project and prepare Project Reports in accordance with the provisions of Standard Provisions and on the basis of the indicators presented in Appendix /, to this Administration Agreement. E. PROCUREMENT As soon as it is available, .he Bank will present to the Donors the Procurement Plan for the parts of the Project to be. contrz cted by the Bank.