Zakon o potvrđivanju Okvirnog sporazuma o zajmu LD 2251 (2025) između Banke za razvoj Saveta Evrope i Republike Srbije za finansiranje javnog sektora – rehabilitacija lokalnih puteva

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DonosilacNarodna skupština Republike Srbije

Član 6. Zakon o potvrđivanju Okvirnog sporazuma o zajmu LD 2251 (2025) između Banke za razvoj Saveta Evrope i Republike Srbije za finansiranje javnog sektora – rehabilitacija lokalnih puteva – MONITORING

Član6.

MONITORING

6.1 Reporting
a)
Progress Reports
The Borrower, through the PIE, shall send to the CEB a progress report (hereinafter, a “Progress Report”) (i) once a year, until the completion of the Project; and
ii)
prior to every Disbursement Request, except for the Disbursement Request for the first Tranche.
Appendix 5 hereto provides a template specifying the minimum information required by the CEB. Alternative formats containing the same information may also be used.
In case any Sub-project to which the Tranche has been allocated does not comply with the eligibility criteria set forth under Appendix 1 hereto, the Borrower through PIE shall timely allocate the relevant amounts to other eligible Sub-projects or otherwise prepay the unallocated amounts to the CEB in accordance with .
b)
Completion Report
Upon completion of the Project, the Borrower, through the PIE, shall submit a completion report (hereinafter, a “Completion Report”) including an appraisal of the Project’s social impact.
Appendix 5 hereto provides a template specifying the minimum information required by the CEB. Alternative formats containing the same information may also be used.
6.2 Visits
The Borrower undertakes to favourably receive any monitoring/technical/evaluation visits, including by facilitating access to relevant Project/Sub-project sites/contractors, carried out by the CEB’s staff members or designated third parties.
6.3 Audit
Should the Borrower fail to comply with any of its undertakings under the Agreement, the Borrower undertakes to favourably receive any on-site audit, carried out by the CEB’s staff members or designated third parties, which shall be at the Borrower’s expense.
6.4 Project Information
The Borrower, through PIE, shall keep accounting records concerning the Project, which shall be in conformity with international standards, showing, at any point in time, the Project’s state of progress, and which shall record all operations made and identify the assets and services partially financed with the Loan.
The Borrower, through the PIE, shall deliver to the CEB in a timely manner any information or document concerning the financing or the implementation (including in particular environmental/social and procurement issues) of the Project as the CEB may reasonably require.
The Borrower, through the PIE, shall inform the CEB immediately of any event affecting the implementation of the Project, including but not limited to:
i)
any action or protest initiated or any objection raised by any third party or any complaint received by the Borrower or any litigation that is commenced or threatened against it with regard to procurement or environmental, social, occupational health and safety (e.g. loss of life, major accident) matters or other matters in connection with the Project; or
ii)
any enactment of or any amendment to any law, rule or regulation (or in the application or official interpretation of any law, rule or regulation) in connection with the Project.
Any event that may have a material adverse impact on the implementation of the Project would constitute an event in the terms of Article 3.3 (h) of the Loan Regulations and may give rise to the early reimbursement, suspension or cancellation of the Loan under the terms of Articles 3.3 (Early reimbursement of disbursed loans), 3.5 (Suspension by the Bank of undisbursed loans) and 3.6 (Cancellation by the Bank of undisbursed loans) of the Loan Regulations.
6.5 Borrower Information
The Borrower, directly or through the PIE, shall inform the CEB of any Material Adverse Change immediately after becoming aware thereof. Any Material Adverse Change would constitute an event in the terms of Article 3.3 (h) of the Loan Regulations and may give rise to the early reimbursement, suspension or cancellation of the Loan under the terms of Articles 3.3 (Early reimbursement of disbursed loans), 3.5 (Suspension by the Bank of undisbursed loans) and 3.6 (Cancellation by the Bank of undisbursed loans) of the Loan Regulations.
6.6 Financial Covenants
a)
Cross-Default
The Borrower shall inform the CEB if any Cross-Default Event occurs. Any Cross- Default Event would constitute an event in the terms of Article 3.3 (h) of the Loan Regulations and may give rise to the suspension, cancellation or early reimbursement of the Loan under the terms of Articles 3.3 (Early reimbursement of disbursed loans), 3.5 (Suspension by the Bank of undisbursed loans) and 3.6 (Cancellation by the Bank of undisbursed loans) of the Loan Regulations.
For the purpose of this Agreement, “Cross-Default Event” means a situation in which, following any default in relation thereto, the Borrower is required or is capable of being required or will, following expiry of any applicable contractual grace period, be required or be capable of being required to prepay, repay or terminate ahead of maturity any Debt Instrument or any commitment in connection with any Debt Instrument is cancelled or suspended.