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Memorandum of Understanding between the Environmental Protection Agency of the United States of America and the Ministry of Environmental Protection, Natural Resources and Forestry of the Republic of Poland concerning Cooperation in the Field of Environmental Protection, pursuant to the Agreement Between the Government of the United States of America and the Government of the Republic of Poland on Cooperation in Science and Technology of 4 September 1992, Washington, DC, 1995

Done at Washington, DC 15 May 1995
Entered into force 15 May 1995

Primary source citation: Copy of text provided by the U.S. Department of State

The Environmental Protection Agency of the United States of America (EPA) and the Ministry of Environmental Protection, Natural Resources and Forestry of the Republic of Poland (the “Ministry”), hereinafter referred to as the “Parties”,

Affirming the Parties’ desire to maintain and to support close, long-term cooperation in the field of environmental protection;
Noting the importance of international cooperation in solving both global and local environmental problems;
Recognizing the needs of the Central and East European region and the necessity of preventing further degradation of the natural environment of the region; and
Acting in the interests of the societies of both the United States and Poland, including governmental and non-governmental institutions to address and solve environmental problems,
Have agreed as follows:

ARTICLE I (Purpose)

1. This Memorandum of Understanding (the “Memorandum”) provides for a program of cooperation between the Parties for the protection of the environment.
2. Activities under this Memorandum are undertaken pursuant to Article II of the Agreement Between the Government of the United States of America and the Government of the Republic of Poland on cooperation in Science and Technology, dated September 4, 1992 (the “S&T Agreement”).

ARTICLE II (Scope)

1. Cooperation under this Memorandum may be conducted in the following: air pollution; water quality; hazardous waste; municipal and industrial waste; environmental monitoring; environmental assessments and audits; the environmental effects associated with industrial privatization; the environmental effects of agricultural and forestry management for sustainable development of forests; the effects of pollution on human health; and such other areas as the Parties may agree upon.
2. The forms of cooperation under this Memorandum may consist of the following areas: public awareness and education programs; information transfer and management; training in the development and implementation of public financing options such as user fees, emission charges, and product taxes; joint scientific and technical research and demonstration projects; training in environmental enforcement management techniques; temporary assignments of personnel from one Party to the other; conferences; workshops; symposia; and such other forms of cooperation as the Parties may agree upon.
3. Activities under this Memorandum shall be coordinated, as appropriate, with other bilateral environmental cooperation programs such as the European Union’s East European assistance program, as well as with activities sponsored by international financial institutions, such as the World Bank and the European Bank for Reconstruction and Development. Activities shall be designed to be consistent, as appropriate, with the goals of the Environmental Action Program for Central and Eastern Europe, adopted in Lucerne, Switzerland on April 30, 1993.
4. If it is decided by the Parties that a joint project shall be undertaken pursuant to this Memorandum, a project arrangement shall be executed by the Parties. Public or private organizations in the United States and in Poland may participate in aspects of the cooperation activities carried out by the Parties under this Memorandum. Each such project arrangement shall include provisions for carrying out the joint project to which it applies, and shall contain provisions covering technical scope, exchange of proprietary information, project management, total costs and other necessary details. Each such project annex shall be attached to this Memorandum.

ARTICLE III (Funding)

1. Unless otherwise specified, each Party shall bear the expense of its participation under this Memorandum. It is anticipated, however, that a number of activities under this Memorandum will involve a transfer of funds by or through the Parties through appropriate funding mechanisms to the extent consistent with applicable law.
2. The ability of each Party to carry out activities under this Memorandum shall be subject to the availability of appropriated funds, personnel and other resources.

ARTICLE IV (Management)

1. Each Party shall designate three officials to serve on a coordinating committee (the “Committee”) to manage activities under this Memorandum. Each Party may designate replacement Committee members at any time upon written notice to the other Party. The Committee shall meet at least annually, and at the request of either Party, to discuss and evaluate the progress of activities under the Memorandum or to review other matters concerning the Memorandum, such as future policy and programmatic direction. The annual meetings of the Committee shall be held alternately in the United States and in Poland at a site to be determined by the host Party. Meetings held at the request of a Party shall be held at a site to be determined by the requesting Party in its territory.
2. The Parties shall agree in writing on each significant activity to be undertaken pursuant to the Memorandum through a project activity description to this Memorandum. Each project activity description shall specify: the scope of the activity; the expected project period; the responsibilities of the Parties, including those related to funding; anticipated results; reporting procedures, if appropriate; effective date; and any other relevant matter.
3. The Committee shall seek to resolve any dispute concerning the Memorandum through negotiations.

ARTICLE V (Applicability of National Laws)

All activities undertaken pursuant to this Memorandum shall be subject to the applicable law of the United States of America and of the Republic of Poland.

ARTICLE VI (Intellectual Property Rights
and Business Information)

The Parties agree, with respect to the protection and allocation of intellectual property rights and confidential business information created or furnished in the course of cooperative activities under this Memorandum, that the activities undertaken pursuant to this Memorandum shall be bound by the provisions of Annex B to the S&T Agreement. Annex B shall constitute an integral part of this Memorandum.

ARTICLE VII (Entry into Force, Extension,
Amendment, and Termination)

1. This Memorandum shall enter into force on the date of the last signature hereinafter. The Memorandum shall remain in force for five years or for the duration of the S&T Agreement, whichever is shorter. Unless one of the Parties notifies the other Party in writing of its intention to terminate this Memorandum at least ninety days before its expiration, the Memorandum shall be automatically extended for an additional five-year period, as long as the S&T Agreement remains in force. It may be extended further by written agreement of the Parties.
2. This Memorandum may be amended at any time by written agreement of the Parties. This Memorandum may be terminated at any time by either Party upon ninety days’ written notice to the other Party. Unless otherwise agreed in writing, the termination of the Memorandum shall not affect the validity or duration of activities undertaken pursuant to the Memorandum that have been initiated prior to, but not completed at the time of, such termination.

IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Memorandum of Understanding.
DONE at Washington, in duplicate, this Fifteenth day of May, 1995, in the English and Polish languages, each text being equally authentic.

FOR THE ENVIRONMENTAL FOR THE MINISTRY OF
PROTECTION AGENCY OF THE ENVIRONMENTAL PROTECTION,
UNITED STATES OF AMERICA: NATURAL RESOURCES AND
[Signature] FORESTRY OF THE REPUBLIC
OF POLAND:
[Signature]