February 05, 1969

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

Reference: This Agreement is also published in VIII DFA TS No. 1, p. 146.

Manila, 5 February

l969 III B 7-87

TRANSLATION

Excellency,

I have the honour to refer to the memorandum from the Bureau of Plant Industry concerning a programme for rat extermination and to propose on behalf of the Government of the Federal Republic of Germany that in pur­suance of the Agreement of February 5, 1963, between our two Governments concerning Technical Co-operation the following Arrangement be concluded:

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

2. The expert shall have the task of carrying out a rat control programme in an initial area of eighty hectares of the Maligay a Rice Research and Training Centre and of acquainting Philippine specialists with modern methods of rat control.

3. The Government of the Federal Republic of Germany shall, at its expense, dispatch several times a year an expert who is specially qual ified in the field of rat control and who shall have the task of directing and supervising the rat control programme.

4. The Government of the Federal Republic of Germany shall, at its expense, supply to the Government of the Republic of the Philippines c.i.f. to the port of unloading, Manila,

a. various kinds of rat control chemicals,
b. one laboratory car,
c. one Volkswagen Variant,
d. one Volkswagen estate car,
e. two thousand rat traps,
f. walkie-talkies.

5. The aforementioned articles shall become the property of the Republic of the Philippines at the port of unloading on condition that they remain at the unrestricted disposal of the German experts for the rat control programme. The German experts shall decide on the means of rat control to be used in each case in agreement with the appropriate representatives of the Government of the Republic of the Philippines.

6. The Government of the Republic of the Philippines shall ensure the early transport of the articles specified in paragraph 4 above from the port of unloading to the place of destination, and shall bear the cost thereof including any storage costs.

7.  The Government of the Republic of the Philippines shall create the technical prerequisites for the storage and utilization of the rat control chemicals, vehicles and implements specified in paragraph 4 above, and shall bear the cost of operating and maintaining the said vehicles, including the cost of insurances.

8. The Government of the Republic of the Philippines shall provide the personnel required for the execution of the rat control programme, including suitable drivers, and shall ensure that the German expert is in a position to prepare an adequate number of Philippine specialists for the task of continuing the rat control measures after the termination of the programme and in particular of preventing a reinfection of the rat-cleared area.

9. In all other respects the provisions of the aforementioned Agreement of 5 February 1963 shall apply to the present Agreement.

If the Government of the Republic of the Philippines agrees to the pro­posals contained in paragraph 1 to 9 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 Agreement between our two Governments, to enter into force on the date of your Note in reply.

Accept, Excellency, the assurance of my highest consideration.

(Sgd.) DR. HEINRICH ROEHREKE
German Ambassador

DEPARTMENT OF FOREIGN AFFAIRS

Manila, 5 February 1969

Excellency:

I have the honor to refer to your Note No. III-B7-87, 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 concerning a programme for rat extermination and to propose on behalf of the Government of the Federal Republic of Ger­many that in pursuance of the Agreement of February 5, 1963, between our two Governments concerning Technical Co-operation the following Arrangement be concluded:

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

2. The expert shall have the task of carrying out a rat control pro gramme in an initial area of eight hectares of the Maligaya Rice Research and Training Centre and of acquainting Philippine specialists with modem methods of rat control.

3. The Government of the Federal Republic of Germany shall, at its expense, dispatch several times a year an expert who is specially qualified in the field of rat control and who shall have the task of directing and supervising the rat control programme.

4. The Government of the Federal Republic of Germany shall, at its expense, supply to the Government of the Republic of the Philippines c.i.f. to the port of unloading, Manila,

a. various kinds of rat control chemicals,
b. one laboratory car,
c. one Volkswagen Variant,
d. one Volkswagen estate car,
e. two thousand rat traps,
f. walkie-talkies.

5. The aforementioned articles shall become the property of the Republic of the Philippines at the port of unloading on condition that they remain at the unrestricted disposal of the German experts for the rat control programme. The German experts shall decide on the means of rat control to be used in each case in agreement with the appropriate representative of the Government of the Republic of the Philippines.

6. The Government of the Philippines shall ensure the early tranport of the articles, specified in paragraph 4 above from the port of unloading to the place of destination, and shall bear the cost thereof including any storage costs.

7.  The Government of the Republic of the Philippines shall create the technical prerequisites for the storage and utilization of the rat control chemicals, vehicles and implements specified in paragraph 4 above, and shall bear the cost of operating and maintaining the said vehicles, including the cost of insurance.

8. The Government of the Republic of the Philippines shall provide the personnel required for the execution of the rat control programme, including suitable drivers and shall ensure that the German expert is in a position to prepare an adequate number of Philippine specialists for the task of continuing the rat control measures after the termination of the programme and in particular of preventing a reinfection of the rat-cleared area.

9. In all other respects the provisions of the aforementioned Agreement of 5 February 1963 shall apply to the present Agreement.

"If the Government of the Republic of the Philippines agrees to the proposals contained in paragraph 1 to 9 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 Agree­ment between our two Governments, to enter into force on the date of your Note in reply.

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

I have the honor to inform Your Excellency that my Government agrees to the proposals contained in paragraphs 1 to 9 quoted above, and that Your Excellency's Note and this Note shall constitute an Agreement between our two Government to take effect on this date.

Accept, Excellency, the assurance of my highest consideration.

(Sgd.) CARLOS P. ROMULO
Secretary of Foreign Affairs

Source: Supreme Court e-Library