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February 19, 2002

The Ministry of Agriculture, Food and Forests from Romania and the Philippine Department of Agriculture, hereinafter referred to as the “Contracting Parties”;

Desiring to strengthen the existing friendly relations between the two countries through the development of cooperation in the field of agricultural science and technology and in the promotion of both states agricultural products on the basis of the principles of equality, mutual respect and benefit;

Have agreed as follows:

ARTICLE I
GENERAL PROVISION

The Contracting Parties shall pursue cooperative programs and exchanges in the field of agriculture science and technology and in the promotion of agricultural trade in accordance with the relevant laws, regulations and agricultural policies of their respective states.

ARTICLE II
AREAS OF COOPERATION

The Contracting Parties shall promote cooperation in the broad areas of soil science, plant and animal science, dairy, biotechnology, fruit and vegetable processing, post, harvest, trade promotion in agricultural and related products, inter alia, and shall include the following:

(a) Exchange of materials and information;

(b) Exchange of professionals, scientists, experts and trainees;

(c) Provisions of scholarship programs;

(d) Organization of training, symposia and conferences;

(e) Conduction of strategic market facilitation activities including agricultural products trade fairs and special exhibition; and

(f) Joint ventures and other means as may be agreed upon.

The Contracting Parties shall encourage the involvement of concerned agencies, scientific, academic and business communities, both in the public and private sectors of both states to generate broad interest and increased activities, including joint ventures in agribusiness.

To promote international agricultural trade, both Contracting Parties shall endeavor to create favorable conditions for import and export, including counter-trade arrangements, without affecting in any way their respective commitments under existing bilateral and multilateral arrangements.

ARTICLE III
IMPLEMENTING ARRANGEMENT

The Contracting Parties agree to implement this Memorandum of Understanding in accordance with the framework of the GATT-UR Agreement.

Any discrepancy in the quality of products traded or to be traded shall be settled in accordance with applicable standards including sanitary and phytosanitary standards (SPS), and dispute settlement procedures under provisions of applicable WTO Agreements.

Nothing in this Memorandum of Understanding shall be interpreted to prejudice or modify existing understanding and agreements between the Contracting Parties.

ARTICLE IV
EXPENSES AND OTHER FORMS OF ASSISTANCE

The sending state shall be responsible for international travel and related costs of its participation in cooperative activities, from its port of departure to the port of entry in the receiving state.  The receiving state shall be responsible for local expenses including inland transportation costs, board and lodging, and emergency medical treatment of the members of the visiting delegation for the duration of the official mission in its territory.

The requesting Contracting Party shall shoulder the cost of postage and freight of materials / documents being requested.

Each Contracting Party shall endeavor to provide the necessary assistance to professionals, technicians and trainees sent by the other Contracting Party under this Memorandum of Understanding to accomplish their mission.  They shall observe laws and regulations in force in the host state.

The foregoing provision shall not limit the right of either Party to adopt or execute measures necessary to uphold public health, morals, public order or security.

ARTICLE V
JOINT COMMITTEE

To ensure the implementation of this Memorandum of Understanding, the Contracting Parties shall establish a Joint Committee composed of an equal number of representatives from both sides as may be agreed upon through diplomatic channels.

The Joint Committee shall formulate and submit policy recommendations with a view of promoting the development of agriculture and related fields of both States.  It shall also be responsible for planning, implementing, monitoring and evaluating projects identified under this Memorandum of Understanding.

As may be necessary, the Joint Committee may create “Working Group(s)” for specific areas.  For this purpose, the Joint Committee shall determine the procedure and other guidelines to be followed by the “Working Group(s)” to ensure efficiency.

A liaison secretary from both sides shall be designated in order to coordinate with concerned agencies and deal with daily and routine work of the Joint Committee and any Working Group thus established.

The Joint Committee which will ensure the implementation of the Memorandum of Understanding shall meet every two (2) years, alternately in the Philippines and Romania, with a representative from the host state as Chairman of the meeting.  Whenever necessary, an interim meeting may be held subject to agreement between the Contracting Parties, through diplomatic channels.

The agenda of the meeting will include the drafting of the working plans and a review of the progress of the implementation of projects undertaken under this Memorandum of Understanding.

ARTICLE VI
CONFIDENTIALITY

The Contracting Parties shall ensure that the scientific and technical data and information mutually provided, including the results of joint research carried out under this Memorandum, are not transferred or supplied to a Third Party without prior written consent.  Matters pertaining to intellectual property rights that may arise from an activity undertaken under this Protocol shall be determined and agreed upon by the Contracting Parties prior to the activity’s implementation.

ARTICLE VII
ENTRY INTO FORCE

This Memorandum of Understanding shall enter into force on the date of the later notification by the Contracting Parties through diplomatic channels, indicating compliance with their respective internal requirements for its entry into force.

ARTICLE VIII
AMENDMENT

Either Contracting Party may  request in writing, through diplomatic channels, a revision or amendment of this Memorandum of Understanding.  Any revision or amendment agreed upon by the Contracting Parties shall become effective in accordance with the foregoing Article.

ARTICLE IX
VALIDITY/TERMINATION

This Memorandum of Understanding shall be valid for a period of five (5) years and shall be automatically be renewed for similar period(s) unless terminated by written notice through diplomatic channels, six months prior to the intended date of termination.

DONE in Manila on this 19th day of February 2002 in the English and Romanian languages, both texts being equally authentic.  In case of divergence in the interpretation, the English text shall prevail.