Zakon o potvrđivanju Finansijskog ugovora Održivo unapređenje putne mreže između Republike Srbije i Evropske investicione banke

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DonosilacNarodna skupština Republike Srbije

Član 6.6 Zakon o potvrđivanju Finansijskog ugovora Održivo unapređenje putne mreže između Republike Srbije i Evropske investicione banke – Additional Undertakings

Član6.6

Additional Undertakings

The Borrower, acting through the Promoter, shall, and shall ensure that the Implementing Entity shall:
a)
ensure that individual allocations comply with the eligibility criteria and the reporting requirements as defined in this Contract;
b)
ensure that the PIU is created and continues to stay operational with staff and resources for, inter alia, managing environmental, social and climate change issues, to the satisfaction of the Bank;
c)
ensure, that before the Credit is allocated for Sub-Projects that are subject to an Environmental and Social Impact Assessment Study, that the Bank has received and is satisfied with the environmental studies and documents related to the Environmental and Social Impact Assessment Study (including Environmental and Social Impact Assessment Study report, environmental consent);
d)
undertake (when applicable) to fulfil the requirements of the environmental impact studies (Environmental and Social Impact Assessment Study report or others) and of the associated environmental permits;
e)
when applicable, including in case of land acquisition or displacement, ensure that the Implementing Entity prepares a resettlement action plan (RAP) or livelihood restoration plan (LRP) in alignment with the approved general approach in case of displacement or land acquisition;
f)
ensure that the Implementing Entity performs a Network Wide Climate Risk Vulnerability Assessment3 in the early phase of the Project implementation, and the results of this study are added as a part of multicriteria analysis for road selection;
g)
ensure that there is no double-financing of the Sub-Project(s) with other loans provided by the Bank with the same Implementing Entity;
h)
promptly inform the Bank when the implementation of any allocated Sub-Project is suspended or the Sub-Project is cancelled;
i)
ensure that the tender dossiers for all contracts to be financed by the Bank shall include an effective national mechanism, as provided by the laws of the Borrower, for the remedy of complaints. Such national remedy mechanism shall be available to any party having had an interest in obtaining a particular contract and who has been, or risks being harmed by an alleged infringement;
j)
promptly inform the Bank of any changes to the last procurement plan(s) reviewed by the Bank;
k)
consult with the Bank prior to entering into any material amendments to contracts financed by the Loan in order to verify the alignment with the provisions under the Schedule A of this Contract and shall seek the Bank's non-objection prior to entering into any material amendments to contracts financed by the Bank, as applicable as per the latest version of the EIB Guide to Procurement4;
l)
ensure that the Implementing Entity is in compliance, to the satisfaction of the Bank, with all the conditions (if any) that included in the Allocation Letter provided to the Borrower and/or the Implementing Entity for each allocation.
The Bank may identify additional undertakings in the allocation process and associated appraisal of the individual Sub-Project.
B. GENERAL UNDERTAKINGS