web view · 2015-10-14al 08 ib fi 01. basic information . programme: ipa 2008. twinning...

Support to the alignment of Customs Procedures with EU StandardsIPA 2008 project

TWINNING PROJECT FICHE

AL 08 IB FI 01

1. BASIC INFORMATION

1.1 Programme: IPA 2008

1.2 Twinning number:

1.3 Title: Support to the alignment of Customs Procedures with EU Standards

1.4 Sector: Customs

1.5 Beneficiary country: Albania

2. OBJECTIVES

2.1 OVERALL OBJECTIVE

To assist the Government of Albania in aligning the national Customs and Customs-related legislation and procedures with the EU Acquis and standards in the Customs Sector.

2.2 PROJECT PURPOSE

The purpose of this project is to assist the Albanian Customs Administration (ACA) to modernize the control and monitoring of customs systems based on the EU standards and practice through: implementation of best managerial, operational models recommended by EU blueprints and WCO safe standards, enhancement of human resource capacities, use of specialised equipment providing secure movement of goods and passengers, facilitation of trade through introduction of simplified procedures.

2.3 CONTRIBUTION TO AP / NPAA / EP / SAA

The European Commission “Albania 2008 Progress Report” of November 2008 stated that some progress had been made in the area of Customs and noted positive changes as implementation of the tariff reductions, implementation of the TIR Convention and procedures, adoption of the Combined Nomenclature for goods classification and computerisation of all relevant Customs houses and offices (20 Customs sites). Currently, all customs declarations are processed using the ASYCUDA++ computerised system and the migration to the Internet-based ASYCUDAWorld system is in progress (full roll-out scheduled to be finalised in May 2009). There is, however, a need for definition of a medium- and long-term ACA IT Strategy.

The report also noted that new provisions were introduced on the role of Customs in protecting intellectual property rights. However, no progress can be reported in this area.

As stated in the report “further progress is needed on approximation to EU practices, in particular on simplified procedures, rules of origin, valuation methods (greater use of transaction value) and transit (ATA Convention)”.

1


This project aims at assisting ACA to achieve the priorities included in the proposal of the European Commission dated 06.11.2007 for a Council Decision on the principles, priorities and conditions contained in the European Partnership (EP) with Albania, repealing Decision 2006/54/EC. EP outlines● as short-term priorities:

- further approximation of Customs legislation and procedures with EU practices, and

- full implementation of the ACA computerised system (for Customs clearance) in all customs offices.

● as medium term priority:- ACA should ensure continued approximation of Albanian Customs

legislation with the EU acquis and - further increase of ACA administrative capacity to implement the

Customs legislation and to fight corruption, cross-border crime and fiscal evasion.

The Stabilisation and Association Agreement (SAA) between the Government of Albania and the European Community has been signed in July 2006. Article 97 of the Agreement aims at strengthening the cooperation in this area, with a view to guaranteeing compliance with the provisions to be adopted in the area of trade and achieving the compatibility of the Albanian Customs systems with those of the European Community.

ACA is currently part of the National Plan of the Implementation of the Stabilization and Association Agreement (NPISAA), approved by the Decision of the Council of Ministers No. 577, dated on 05.09.2007. In the NPISAA are foreseen mid-term and long-term actions that aim at strengthening the ACA administrative capacity for implementation of the Customs legislation and to fight against corruption and fiscal evasion, as well as to improvement of transparency and exchange of information with the EU Member States to facilitate the implementation of measures to prevent evasion. The full list of short and medium priorities, and legislative reforms foreseen in the NPISAA, is enclosed in ANNEX IV.

2.4 LINK WITH MIPD

This project is proposed under the area of European Standards, according to the 2.2.3.3 section of the IPA/ MIPD for the period 2007–2009 titled “Programmes to be implemented”, where support to the Customs and Taxation reforms and capacity building to ACA and Tax Administration is foreseen.

2.5 LINK WITH NATIONAL DEVELOPMENT PLAN

The abovementioned EU strategic documents have been included as a substantial part of the Albanian Government’s National Strategy of Development and Integration.

Strategy on Public Finance, approved by Albanian Government Decision No. 232, dated 13.2.2008

2.6 LINK WITH SECTORAL INVESTMENT PLANS

Under the framework of the Government’s Integrated Planning System (IPS), whose core aim is to match medium and annual budgeting to the policy framework, a Public

2


Finance Strategy has been drafted by the Ministry of Finance, covering the period 2007-2013.

In the framework of this strategy, ACA should “improve and develop means for developing data exchange and increasing cooperation between the Albanian Customs and the business sector, other institutions of the Republic of Albania, other law enforcement institutions; and with the Customs authorities of other countries, EU institutions and international organizations in the fields of implementation of customs legislation, prevention of violations, control and investigation.”

3. DESCRIPTION

3.1 BACKGROUND AND JUSTIFICATION

An effective Customs system is vital to implement the SAA. Customs revenue has risen following substantial Customs reforms. Progress has been made on computerization, customs rules and management of origin. Cooperation between Police and Customs has been strengthened. Improved infrastructure and further EU Acquis alignment is now needed.

The European Commission “Albania 2008 Progress Report” stated that further progress is needed in approximating the Albanian Customs Procedures to the EU relevant legislation and practices, in particular on simplified procedures, rules of origin, valuation methods (greater use of transaction value) and transit (ATA Convention).

The ACA ASYCUDA Risk-analysis Module is applied in the main Customs houses and covers approximately 95% of the customs transactions at national level. However, the use of IT-based risk-analysis needs to be extended, as the current rate of physical inspection (15%) is still high compared to the European standards. Progress made in some of relevant areas in Customs is outlined below:

Approximation of customs legislation

The Customs Administration is currently part of the NPISAA. The National Plan for the Approximation of Legislation, which is also part of this process, has determined the legal and sub-legal initiatives, the short- and medium-term ones.

In the framework of the short-terms priorities for the year 2007, the draft decision on the amendments to the DCM No. 205, dated 13.04.1999, “On the implementing provisions of the Customs Code” is under completion. Through this initiative is enabled:- Approximation of the EC Regulation No. 1383/2003 and EC No. 1891/2004.

The amendments to the provisions of the DCM No. 205 regarding the measurements of the Customs Authorities in protecting the Intellectual Property Rights.

- Approximation of the EC Regulation No. 648/2005, introducing for the first time in the Albanian legislation the concept of “binding origin information”.

- It is to be emphasized that regarding the binding tariff information, there is a completed legal framework and in accordance to the EU legislation (entirely harmonized).

3


- The amendments to the provisions of the DCM No. 205 regarding the list of the working or proceeding actions is currently uncompleted. It is foreseen to enabled the approximation to the EC Regulation No. 1602/2000, what means that this list will be harmonized with the determined rules in the Interim Agreement.

In the framework of the medium term priorities (2008), a considerable number of steps are foreseen to be taken, regarding the legislative improvements and approximation of the Customs legislation to the Acquis Communautaire in respect to the parts currently not approximated. In application to the recommendations of the EU, specifically in the recent progress report, is it foreseen among others the following: - The full harmonization of the provisions regarding the simplified procedures,

approximation of the EC Regulation No. 2913/92;- Approximation of the EC Regulation No. 2700/2000, regarding the inward

(IWP) or outward (OWP) regimes; - Approximation of the EC Regulation No. 955/1999, regarding the transit

procedures.

The legislative changes are foreseen to be done through the amendments to the provisions of the Customs Code, Law No. 8449, dated 27.01.1999. All the legislative amendments have been grouped, in order to be completed and sent for approval during the year 2009.

Customs Procedures

The Customs declarations are made nearly 100% using the ACA ASYCUDA system (100% DTI - Direct Trader Input). Currently all Customs declarations (99.8%) are processed through the ACA ASYCUDA system, apart from the import declarations made by passengers in small BCPs (Border Crossing Points) not authorized for trade traffic (0.2%).

The facilitation of Inward Processing Regime procedures is focused on the reduction of timing for the authorization issue, the reduction of the percentage of physical inspections as a result of risk-analysis use, and the avoidance of double procedures through the authorization of border offices as entry and closing offices. An increase of the activity of enterprises working with this regime has been detected in 2008, i.e. 445 as number, with the value of 420 million Euro.

The TIR Convention has just started to function. The fulfilment of standards in relation to registration and exchange of carnet TIR data, thus the improvement of transit procedures, timing and business cost decline.

Application of the Combined Nomenclature 2009

There are very good results on update of the Combined Nomenclature (CN), i.e. CN 2009 is used in ACA since 01 January 2009. Actually, ACA is fully compatible with the changes applied in the EU Member States.

Risk-Analysis

In line with the recommendations of the EU Progress Report in the field of risk-analysis, maximal efforts are currently made by ACA to speed up the implementation of the ACA ASYCUDA Risk-analysis Module to the utmost extend.

4


Risk-analysis is in full operation at the “Mother Teresa” Tirana International Airport. The first version of the ACA ASYCUDA Risk-analysis Module was implemented in the middle of 2006 and ACA worked closely with UNCTAD, CAM-A and subsequently CAFAO to create and implement more than 200 risk-profiles and criteria.

The ACA ASYCUDA Risk-analysis Module is currently used in 75% of the Customs Houses that represent 95% of the total number of Customs declarations.

From 25% of Customs declarations selected by the ACA ASYCUDA Risk-analysis Module for physical inspection (“red channel”) in May 2007, the percentage was continuously decreased to about 15% in 2008. ACA aims at reducing this percentage to 12% during next year, which will approximate the level of the physical control to the level applied in EU Member States.

Customs infrastructure

Based on the Law No. 9358, dated 24.03.2005, for the ratification of “Financial Agreement between the Council of the Ministries of Republic of Albania and the Commission of European Community for the annual program of actions CARDS 2004 for Albania”, ACA in cooperation with the Delegation of European Commission in Albania has begun the implementation of a project for improving the infrastructure of 12 (twelve) BCPs, i.e.:- Murriqan, Shkodër and Qafe Bote, Konispol, Saranda, as first category ones; - Tushemisht – Pogradec; Gorrice – Korçe; Bllate – Peshkopi; Qafe Morine –

Tropojë; Qafe Prush-Has, Kukës; Shishtavec-Kukës; Borje-Kukës; Vermosh-Malësi e Madhe; Sopik-Gjirokastër dhe Rips-Sarande, as the second and third category ones.

For all these BCPs the full technical and implementation projects have been prepared and the ECD has opened the tender procedures for their construction.

Intellectual Property Rights

ACA is part of the working group for the compilation of the law for the industrial property, which is now being sent for approval in principal.

A Memorandum of Understanding (MOU) will be signed with the Mark and Patent Directorate. Recently has been signed an agreement of cooperation with the Albanian Office of the Author Rights.

Integrated Border Management (IBM) Strategy

The IBM Strategy is based on the IBM directives of the European Commission and is focused on four main agencies operating at the border: Border & Migration Police, Customs, Phyto-sanitary Service and Veterinary Service.

There are three main pillars that sustain the IBM strategy: cooperation within the services, between the services and inter-border cooperation. Each of these pillars covers the following questions: legal basis, management of the organization, procedures, information exchange and IT, infrastructure, logistics, and communication.

As concerns the implementation of this strategy:- Following the Prime Minister Order of No. 137, dated 23.08.2007, the working

group for the monitoring and implementation of the plans and actions foreseen in the IBM strategy already approved by the Council of the Ministers has been established.

5


- Some measures have been taken to implement the IBM strategy. In this context, a regulation is compiled that reconciles the actions between the Border and Migration Police on one side, and the Customs on the other. The implementation of other planned actions has started in 2008.

3.2 LINKED ACTIVITIES

The assistance from the EU to Albanian Customs has come through the missions of CAM-A, CAFAO and subsequently TACTA projects. This assistance covered lately the following areas:● Legal Assistance● Combined Nomenclature (CN) Classification Training● Temporary Importation/Outward Processing/Processing under Customs

Control/Transit (TIR and ATA)/Simplified Procedures● Post-clearance● Internal Audit● Integrated Border Management (IBM)● Human Resource Management● Customs Laboratory● Data Analysis and Data Mining

The latest achievements under this assistance are outlined below:● Amendments to the Customs Code were drafted to introduce: Simplified

procedures, ATA Carnet Procedure and Authorised Economical Operator (AEO);

● An important agreement was concluded between ACA and ANALTIR (Albanian Private Transportation Company) to ensure the coverage of guarantees for all TIR carnets in transit through the Albanian territory;

● ACA prepared the Internal Audit Strategy; ● ACA was trained (on the job training, study visit in Gioia Tauro) in the use of

scanner equipment in the Port of Durres;● ACA was assisted to create risk-profiles for the ACA ASYCUDA system

(assistance provided by UNCTAD, through a project funded by the European Commission);

● Tenders to rebuild Murriqan (currently a second category BCP) and most of the second and third category BCPs are already launched.

Assistance from the EU included - under CARDS 2004, the construction of a new Joint BCP with Montenegro, in

Murriqan, and a number of 2nd and 3rd category BCPs, - under CARDS Neighbourhood Program, the construction of a new BCP in Qafë

Botë.

Assistance is also provided by the Italian Government, through the Italian Customs Agency, in the framework of the “Mezzogiorno Balkan Area Project”. The main

6


objective of this project is the improvement of Customs procedures in the national borders through the Corridor VIII.

The Chinese Government has provided recently a mobile X-ray scanner for container/vehicle inspection by Customs, which is going to be based mainly in the Port of Durrës.

Finally, it is with the assistance of UNCTAD that the ACA IT system based on ASYCUDA, including its updating has been made possible. Through an agreement funded by the Albanian Government, UNCTAD assists ACA to migrate its system to the Internet-based ACA ASYCUDAWorld system. The finalisation of its nationwide roll-out is scheduled for the end of May 2009.

PAMECA III will provide continuity of support to the Customs Authority of Albania and development of the capacity to police and secure the blue border in accordance with the IBM Strategy of Albania. The budget allocation for assistance to Albanian Customs Administration is 0.5 m eur. This project will be financed by CARDS 2006 programme.

There are still the areas that need improvements and assistance:

Customs procedures● Implementation of the A.T.A. Carnet procedure in Albania;● Introduction of simplified procedures;● Implementation of the rules of origin and correct application of them relating to

Pan-Euro-Mediterranean system.

TARIC

There has been no progress in the adoption of the TARIC system of classification due to the fact that Customs’ priority of the moment has been the CN classification training and resolution of problems associated with ‘End-Use’ legislation.

Human Resource Management

ACA uses its Customs IT system, based on ASYCUDA, to allocate automatically the field Customs officers for physical inspection of goods. This is a very strong anti-corruption measure.

Progress continues to be made in the identification of indicators that could potentially be used as performance measurement standards. There are concerns, however, as to the possibility of applying such indicators independently and outside an established performance measurement system, which is linked with motivational and career development aspects that would ‘convince’ management to apply the indicators accurately.

Establishment of a fully qualified pool of trainers is necessary.

Internal Audit

Reassessment of the organization and responsibilities of ACA Internal Audit is required at this stage and technical assistance in this area is needed.

Information and Communication Technology (ICT)

The existing ICT systems and related procedures need to be upgraded at the level of the ICT standards today and be extended at national level.

7


This will also facilitate the electronic exchange of information, in particular risk-management information, between ACA and all other agencies.

IBM/Risk Analysis

ACA has to use risk-analysis in the application of investigation and intelligence techniques to combat organised crime. ACA needs assistance for the permanent update of risk profiles and the application of selectivity as a tool for the detection and combating of organised crime.

Risk-Assessment

The ACA ASYCUDA Risk-assessment Module was extended at national level. Anyhow, currently 95% of import cargo is now risk assessed.

In this respect, the ACA has implemented a system to monitor trade between Albania and third countries in substances frequently used for the illicit manufacture of narcotic drugs and psychotropic substances for the purpose of preventing the diversion of such substances.

The system of customs surveillance has been extended also to cover other international conventions, i.e. Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), Convention on Ozone Depletion and the subsequent Montreal Protocol.

3.3 RESULTS

The expected results of this project are the substantial improvement of ACA functioning and the alignment of the Albanian Customs and Customs-related legislation to the EU standards.

Overall results: ● Conditions for business development are improved● Provisions of the EU customs legislation providing simplifications applicable to

business entities are implemented● Safety and security of market and society (consumers’ protection,

environmental protection and national border protection) are improved● Business community and general public are better informed on customs rules,

rights and activities.

More specifically, the results foreseen under this project will include the following:

Component 1: Harmonization of Legislation, Procedures and PracticesResults:

Albanian Customs Code in conformity with the acquis drafted and submitted to the Parliament.

Secondary Customs legislation in conformity with the acquis drafted and issued.

Customs mission/vision/strategy updated /defined.

8


Albanian Customs legislation harmonised with the EU Security and Safety legislation.

Sustainable capacity in terms of business built, business strategy plan drafted.

Component 2: Preparation for the adhesion to the Common Transit Convention (CTC) Results:

Albanian Customs Legislation with regard to the transit procedures (primary, secondary, tertiary legislation) adopted by the end of the project.

Training programmes prepared and implemented.

Transit aligned with the Customs Blueprints.

Component 3: Implementation of the National Strategy on IBM including enforcement of IT

Results:

Primary and secondary IBM legislation in line with the EU Guidelines for Integrated Border Management in the Western Balkans published.

Memorandums of Understandings (MOU) between IBM relevant services completed.

IBM strategy operational and used by border control agencies.

IBM - training needs analysis performed, training programmes prepared and implemented.

Average time needed to complete the formalities at the Border Crossing Points reduced with 30%, by the end of the project. Report of international independent organisms on safety and security of market and society drafted.

Enforcement department further developed, specific recommendations on the role of the sea anti-smuggling Unit prepared.

Staff knowledge of EU systems from the interoperability and interconnectivity aspects enhanced.

IT strategy and IT action plan updated; quality assurance ensured capacity in managing IT projects enhanced.

3.4 ACTIVITIES

The project will be implemented through the following activities, organized in 3 activity blocks:

Component 1: Harmonisation of Legislation, Procedures and Practices

Review of existing Customs legislation.

9


Support to Customs staff in drafting of new Customs Code in line with the new

Modernized Community Customs Code.

Support to Customs staff in drafting of the Implementing Provisions to the new

Customs Code.

Preparation of the related Operational Instructions and Guidelines/Public.

Notices in order to facilitate the proper implementation of renewed legislation.

Support Customs staff in drafting mission/vision/strategy.

Support Customs staff in drafting legislation that is in line with the EU Security and Safety legislation.

Support Customs in clear modelling and description of the business processes and drafting a business strategy plan).

Component 2: Preparation for adhesion to the Common Transit Convention (CTC) Based on the needs and gaps analysis of the Albanian Customs Legislation with

regard to the transit procedures, advice will be provided in legal drafting

(primary, secondary, tertiary legislation) if necessary, to complete the legal

framework for implementation of Community compatible transit procedure

The national legislation, the organisational structure, the working procedures,

the methodologies and the information flows, as well as the authorization of

staff and the corresponding job description will be amended and re-defined.

Training programmes will be prepared and implemented (included train the

trainers programme) for Community transit, including trade awareness (e.g.,

training modules on principles of the Community transit, simplified procedures,

guarantee management and enquiry, implementation plan, risk analysis etc).

Guidelines, reports, manuals will be prepared on customs transit procedures.

Development and implementation of an effective system of simple and

simplified transit procedures.

Component 3: Implementation of the National Strategy on IBM including enforcement of IT

Drafting of primary and secondary IBM legislation in line with the EU

Guidelines for Integrated Border Management in the Western Balkans.

10


Implementation of the Albanian IBM strategy and the associated Action Plan

through support to the Albanian IBM coordination bodies (Policy level and

Operational level).

Harmonisation of operational procedures to improve cross-service co-operation

within IBM relevant services completed. This includes facilitation of dialog

among the services, including management dialogue.

Implementation of Memoranda of Understandings (MOU) between IBM

relevant services completed. Drafting of MOU’s required for cooperation with

IBM services from neighbouring countries completed and implementation

started.

IBM – preparation of training needs analysis, as well as preparation and

implementation of the training programmes.

Development and delivery relevant training on inter-agency cooperation. This

training component should take into account what have been achieved or is on-

going under current projects so not to overlap and duplicate training efforts.

Staff trained in revised procedures. In addition to their specific role enhance the

staff understanding of the necessity for day-to-day cross service co-operation.

The Sea Anti-smuggling Unit trained (in connection to the logistic support for

Sea Anti-smuggling Unit).

Undertake measures related to beginning of the functioning of the “single-

window” and “one-stop-shop” operations.

Practical implementation of control procedures, aligned with EU standards, in

the areas of counterfeiting and cash control.

Development of the Enforcement department, preparation of specific recommendations on the role of the sea anti-smuggling unit.

Enhance the knowledge on existing EU systems. To update IT strategy and action plan; to establish a quality assurance program,

enhance capacity in managing IT projects.

3.5 MEANS/INPUT FROM THE MS PARTNER ADMINISTRATION

3.5.1 Profile and tasks of the Project Leader

Profile: Long-term civil servant from an EU Member State Customs Administration; Educated and experienced in the field of management and organization;

11


At least 3 years working experience in a leading management; Very good command of English (oral and written); Excellent computer skills (Word, Excel).

Tasks: Overall co-ordination of the project; Leading the project activities.

3.5.2 Profile and tasks of the RTA

One Resident Twinning Adviser (RTA) over a period of 24 months as well as medium/short term experts will implement the above-listed components.

The RTA has the responsibility to guide the work of the team. The medium/short term experts will work in close cooperation with the RTA and the staff in order to meet the specific objectives as set out above.

The RTA is expected to fill the following profile: Minimum 10 years of experience in the Customs administration field. Be an administrator from public administration of an EU member's state with

expertise in Customs Administration. He/she should have the status of civil/public servant.

Sound comparative knowledge of relevant EU legislative and institutional requirements related to the various components of this project.

Wide knowledge of related good practice/acquis communautaire. Solid knowledge of customs legislation, work methods and procedures. Have excellent management, leadership, communication and coordination skills. Proven abilities of manager in forming an appropriate team of short-term experts. Experience in developing similar projects implemented in other countries. Good training, public speaking and written communication skills. Excellent computer literacy (Word, Excel, Power Point). Excellent command of spoken and written English.

Additional assets are: Sound background in drafting and/or implementing strategies, policies or regulations Previous experience as project coordinator/project manager in similar projects; Some relevant working experience in the new Member States and the Western

Balkans; Good knowledge regarding the situation and the administrative structures from

Albania would be a plus.

Tasks: Overall supervision of the project implementation and coordination of all activities,

as well as management of the project administration; Advise on customs standards and practices in EU Member States; Coordination of the activities of the team members in line with the agreed work

programmes to enable timely completion of project outputs; Preparation of project progress reports;

12


Permanent contact with the national Project Coordinator; Liaison with EC Task Manager; Liaison with other relevant projects.

The RTA is expected to ensure, together with the beneficiary administration, the achievement of the purposes listed in 2.1/ 2.2. In order to meet these purposes, and if fully justified, the RTA may propose alternative and/or complementary project activities and/or outputs to those identified in the section 3.4.

3.5.3 Profile and Tasks of the Medium/Short-Term Experts

Terms of Reference for short-term adviser(s) will be elaborated by the RTA.

There should be a pool of medium/short-term experts. Their "mix" should be identified by the team leader in the course of designing the delivery of the project. The medium/short term expert(s) will work in close co-operation with the Team-Leader/ RTA and the Beneficiary in order to meet the specific objectives as set out above.

The short and medium- term advisers are expected to have: Professional legal/customs background At least 5-10 years of experience in a specialised national administration of an EU

Member State; Solid training skills and experience in organizing training courses Sound knowledge of relevant EU legislative and institutional requirements related to

the various components of this project; Very good command of English (oral and written); Solid training skills and experience in organizing training courses Excellent computer skills (Word, Excel); University degree.

Additional assets: Sound communication skills and previous experience of working in multi-

disciplinary and multi-national team; Sound background in drafting and/or implementing strategies, policies or

regulations; Some relevant working experience in the new Member States and the Balkans.

4. INSTITUTIONAL FRAMEWORK

Indicate the beneficiary institutions and - if applicable, specify the Department/ Directorate within the beneficiary institution.

If several, specify their relationship and organisation for the implementation of the project, as well as the coordination mechanism. Indicate whether the results of the project will lead to a change of the institutional framework as described.

5. DETAILED BUDGET IN EUROS

Programme Support

13


InvestmentSupport (I)

InstitutionBuilding (IB)

Total Programme

(=I+IB)

National Co-financing*

IFI* TOTAL

Twinning 2,000,000 2,000,000 00,000 0 2,000,000

Total 2,0000,000 00,000

Total Budget: € 2.0 million

The beneficiary will provide in kid contribution in the form foreseen in the twinning manual.

5. IMPLEMENTATION ARRANGEMENTS

5.1 IMPLEMENTING AGENCY

The European Commission Delegation in Tirana will be responsible for tendering, contracting, payments and financial reporting, and will work in close cooperation with the beneficiary.

The Programme Manager at the EC Delegation, OPS I, will be Ms. Malgorzata Skocinska, Rruga e Durresit, no. 127/1, Tirana, Albania. Tel: + 355 4 222 8320 Fax: +355 4 227 0678, E-mail: [email protected]

5.2 MAIN COUNTERPART IN THE BENEFICIARY COUNTRY

Project leader: Mr Përparim Dervishi – Director General, Directorate general of Customs, Rr. Durresit, Laprake, Tirana, Albania, Tel./ Fax office: +355 4 2234499;e-mail: [email protected]

RTA counterpart: Ms. Jonka Ceka – Director of Foreign Relations, Directorate General of Customs, Rr. Durresit, Laprake, Tirana, Albania, Tel./ Fax office: +355 4 2243917, E-mail: [email protected]

5.3 CONTRACTS

The project will be implemented through one twinning agreement.

Contract Contract Value (€)2009 2010

Project: Support to the alignment of Customs Procedures with EU StandardsContract = Twinning €2.000.000 Total € 2.000.000

6. IMPLEMENTATION SCHEDULE (indicative)

6.1 Launching of the call for proposals (date) April 2009

6.2 Start of the project activities (date) – March 2010

14

mailto:[email protected]




6.3 Project completion (date) – May 2012

6.4 Duration of the implementation period (number of months) – 24 months

7. SUSTAINABILITY

The sustainability of the project rests entirely upon the Government of Albania as a whole in the fostering of a professional, merit based public administration. It is imperative that staff trained under this project are permitted to remain in post and not subject to arbitrary and frequent transfer into posts where their newly acquired skills are of no use or dismissed without due cause/process.

To address this, a detailed database of what training was provided to which person should be maintained by the implementing partner(s) to allow for monitoring of the investment in future to ensure those trained have not been transferred.

8. CROSS CUTTING ISSUES

8.1 EQUAL OPPORTUNITY

The principle of equal opportunity will be integrated into all stages of the project implementation, which it is also in conformity with the Albanian Constitution which provides for equal opportunity for men and women be treated equally despite of their race, nationality, gender, origin, religious and political beliefs.

8.2 ENVIRONMENT

NA

9. CONDITIONALITY AND SEQUENCING

The implementation of the project requires the full commitment and participation of the senior management of the Directorate General of Customs

The Beneficiary shall:

a) Ensure that appropriate staff is made available to work with the EU twinning partner(s). Counterparts for each of the objectives will be appointed to facilitate the implementation of the respective activities of the twinning project;

b) Be responsible for the selection of trainees - in consultation with the EU experts - as well as for providing the EU experts with legislation and any other documents necessary for the implementation of the project;

c) Ensure that appropriate staff for training are made available, that trainees are released from their duties during their training and that once trained they are retained in post;

d) Shall provide all possible assistance to solve any unforeseen problem that the EU twinning partner(s) may face;

e) Fully support the RTA with accommodation, trainings rooms and logistical assistance.

15


Equally, the Twinning team, as led by the Twinning Resident Adviser must ensure full collaboration with the counterparts at the institution. Communications should be open and consistent. The Twinning team must carry out activities in the interest of the institution, and maintain its involvement at all stages of activities.

10. INVESTMENT CRITERIA

10.1 CO-FINANCING: Co-financing will come from the beneficiary in the form of provision of accommodation, training rooms, electricity and telephone, staff salaries, etc.

10.2 ADDITIONALITY: IPA assistance under this project will not overlap with funds provided by the national budget or other bilateral support

16


ANNEXES TO PROJECT FICHE

1. Logical framework matrix in standard format

2. Implementation Chart

3. Contracting and Disbursement Schedule by Quarter

4. Reference to feasibility /pre-feasibility studies

5. List of relevant Laws and Regulations

6. Reference to relevant Government Strategic plans and studies (may include Institution Development Plan, Business plans, Sector studies etc)

17


ANNEX 1: Logical framework matrix in standard format

Project Logframe Project name and number Alignment of Customs Procedures with EU Standards

Contribution to the alignment of Albanian customs Procedures with EU Standards

Contracting period expires Disbursement period expires

Total Budget2 million Euros

IPA / pre-accession budget2 million Euros

OVERALL OBJECTIVE OBJECTIVELY VERIFIABLE INDICATORS

SOURCES OF VERIFICATION ASSUMPTIONS

To assist the Government of Albania in aligning the Albanian customs procedures with the EU Acquis and standards.

Aligned procedures Gap analysis Commitment of the ACA to carry out this exercise

PROJECT PURPOSE OBJECTIVELY VERIFIABLE INDICATORS


Modernization of control and monitoring customs systems based on the EU standards and practice

Customs declarations fully aligned with EU form SAD

Functional and monitorable risk analysis module

Exchange of pre-arrival information Integrated computerized system

Project reports Mirror statistics with EU

countries Periodical reporting system in

place Reports on data transfer Compliance with EU data

exchange format

ACA ASYCUDA Risk-analysis Module operational everywhere

ACA computerized system based on ASYCUDA World completed until June 2009

Special agreement with on data with counterparts in place

RESULTS

COMPONENT 1 RESULTS

OBJECTIVELY VERIFIABLE INDICATORS


18


Albanian Customs Code in conformity with the acquis drafted and submitted to the Parliament.

Secondary Customs legislation in conformity with the Acquis drafted and issued.

Customs mission/vision/strategy updated/defined

Albanian Customs legislation harmonized with the EU Security and Safety legislation.

Sustainable capacity in terms of business built, business strategy drafted.

COMPONTENT 2 RESULTS

Albanian Customs Legislation with regard to the transit procedures (primary, secondary, tertiary legislation) adopted by the end of the project.

Training programmes prepared and implemented.

Transit aligned with the Customs Blueprints.

COMPONENT 3 RESULTS

Primary and secondary IBM legislation in line with the EU

Report of international independent organisms on safety and security of market and society

Statistical comparison between the rate of consumption and customs declaration for goods of high influence in the customs revenues

Number of authorizations and volume of goods under simplified procedure authorization

● Reduction of time and cost of customs clearance procedures

Attitudes of different stakeholders based on reports

Publications of Albanian Institute of Statistics

Data report from customs houses

Questionnaires to the business community and general public

Political environment in the region is stable and cooperative

Cooperation with other state agencies operating in the field

Good relations with the business

19


Guidelines for Integrated Border Management in the Western Balkans published.

Memorandums of Understandings (MOU) between IBM relevant services completed.

IBM strategy operational and used by border control agencies.

IBM training needs analysis performed, training programmes prepared and implemented.

Average time needed to complete the formalities at the Border Crossing Points reduced with 30%, by the end of the project.

Report of international independent organisms on safety and security of market and society drafted.

Enforcement department further developed specific recommendations on the role of the sea anti-smuggling units prepared.

Staff knowledge of EU systems from the interoperability and interconnectivity aspects enhanced.

IT strategy and IT action plan

20


updated, quality ensured, capacity in managing IT projects enhanced.

ACTIVITIES MEANS ASSUMPTIONS

Preparation to access the Convention on Common Transit Procedure, New Computerized Transit System – NCTS

Approximation of Legislation Practical implementation of control

procedures, aligned with EU standards, in the areas of counterfeiting and cash control

Implementation of the National Strategy on Integrated Border Management

Following the official procedures to accession and implementation

Increasing organizational capacity of the section working with IPR and cash control

Collaboration with the IPR holders Cooperation with different national

and international agencies operating in the border

Following the official procedures to accession and implementation in/of Carnet ATA Convention on the temporary importation of goods

Increasing organizational capacity of the section working with dual-use substances

All the necessary legislative steps for adherence in NCTS are completed until June 2009

ACA computerized system based on ASYCUDA World is completed until June 2009

MOUs are signed with partners and other stakeholders in the field of the IPR

Cooperation between the state agencies and international partners operating in the field of IBM

A national ATA association is set up and procedural steps are followed and completed by the Ministries of Transport and of Foreign Affairs

Implementing provisions of the law for dual use substances are completed

21


ANNEX II: Implementation chart

Project: Support to the alignment of Customs Procedures with EU Standards

2009April

TMay

TJune

TJulyT

AugustD

SeptemberD

OctoberD

NovemberD

DecemberD

2010January

DFebruary

CMarch

IApril

IMay

IJune

IJuly

IAugust

ISeptember

IOctober

INovember

IDecember

I

2011January

IFebruary

IMarch

IApril

IMay

IJune

IJuly

IAugust

ISeptember

IOctober

INovember

IDecember

I

2012January

IFebruary

IMarch

XApril

XMay

X

D = DesignT = TenderingC = Contracting period I = ImplementationX = Closure

22


ANNEX III

CONTRACTING AND DISBURSEMENT SCHEDULE BY QUARTER

20101Q

20102Q

20103Q

20104Q

20111Q

20112Q

20113Q

20114 Q

Contract Twinning(Components 1, 2, 3,4, 5)

Contracted

€ 2,000,000

Disbursed X

20121Q

20122Q

20123Q

Contract Twinning(Components 1, 2, 3,4, 5)

Contracted

€ 2,000,000

Disbursed X X

23


ANNEX IV

REFERENCE TO RELEVANT REPORTS/DOCUMENTS

24


ANNEX V

LIST OF RELEVANT LAWS AND REGULATIONS

Laws:

Reference list of relevant laws and regulations

Reference to MSA

This project is in line with the objectives set out by the Stabilization and Association Agreement, in particular Article 97 – customs.

Article 97Customs

The Parties shall establish cooperation in this area with a view to guaranteeing compliance with the provisions to be adopted in the area of trade and to achieving the approximation of the customs system of Albania to that of the Community, thereby helping to pave the way for the liberalization measures planned under this Agreement and for the gradual approximation of the Albanian customs legislation to the acquis.

Cooperation shall take due account of priority areas related to the Community acquis in the field of customs.

Protocol 6 establishes the rules on mutual administrative assistance between the Parties in the customs field.

Reference to European Partnership

The European Partnership outlines the short and medium term priorities for Albania in the process of European integration. With regard to this target area – customs – the project is in line with the following priorities as outlined in the Partnership document.

Short-term priorities:

– “Further align customs legislation and procedures with EU practices; in particular, ensure approximation of rules and procedures for transit, customs warehouses, customs valuation, physical controls and risk analysis to EU standards. Ensure that national tariff is timely updated on the basis of the most recent Combined Nomenclature”;

– “Fully implement the computerized system for customs declaration and customs data processing in all customs offices”.

Mid-term priority:

– “Ensure continued approximation of Albanian customs and taxation legislation to the EU acquis and further increase administrative capacity to implement customs and tax legislation and to fight corruption, cross-border crime and fiscal evasion”.

25


Reference to National Action Plan for the implementation of the SAA

The Customs Administration is currently part of the National Plan of the Implementation of the Stabilization and Association Agreement, approved by the Decision of the Council of Ministers No. 577, dated on 05.09.2007. The National Plan of the approximation of legislation, which is also part of this process, has determined the legal and sub-legal initiatives, the short and medium term ones.

In the framework of the short terms priorities for the year 2007, the draft decision on the amendments to the DCM No. 205, dated 13.04.1999, “On the implementing provisions of the Customs Code” is under completion. Through this initiative is enabled:- The almost full approximation of the EC Regulation No. 1383/2003 and EC No. 1891/2004. The amendments to the provisions of the DCM 205 regarding the measurements of the Customs Authorities in protecting the Intellectual Property Rights (IRP).- The approximation of the EC Regulation No. 648/2005, introducing for the first time in the Albanian legislation the concept of “binding origin information”. - It is to be emphasized that regarding the binding tariff information, there is a completed legal framework and in accordance to the EU legislation (entirely harmonized). - The amendments to the provisions of the DCM 205 regarding the list of the working or proceeding actions, which is currently uncompleted. It is pretended to be enabled the approximation to the EC Regulation No. 1602/2000, what means that this list will be harmonized with the determined rules in the Interim Agreement.

In the framework of the medium term priorities (2008), a considerable number of steps are foreseen to be taken, regarding the legislative improvements and approximation of the customs legislation to the aquis communautaire in respect to the parts, currently not approximated. In application to the recommendations of the EU, specifically in the recent progress report are foreseen among others: 1. The almost full harmonization of the provisions regarding the simplified procedures, approximation of the EC Regulation No. 2913/92;2. Approximation of the EC Regulation No. 2700/2000, regarding the inward or outward regimes; 3. Approximation of the EC Regulation No. 955/1999, regarding the transit procedures. The legislative changes are foreseen to be done through the amendments to the provisions of the Customs Code, Law No. 8449, dated 27.01.1999. All the legislative amendments have been grouped in order to be completed and sent for approval by the end of the year 2008.

Reference to MIPD

This project is proposed under the area of European Standards, according to the 2.2.3.3. Section of the IPA/MIPD for the period 2007 – 2009 titled “Programmes to be implemented”, where support to the customs and taxation reforms and capacity building to the Albanian customs and tax administrations is foreseen.

26


Reference to National Development Plan

The above-mentioned EU documents have been carefully addressed in the Albanian Government’s National Strategy of Development and Integration.

Reference to national / sectional investment plans

Under the framework of the Government’s Integrated Planning System (IPS), whose central aim is to match medium and annual budgeting to the policy framework, has been drafted a Public Finance strategy by the Ministry of Finance covering the period 2007-2013. The strategic aims of the strategy restate the priorities of the EP and the NPISAA.

In the framework of this strategy the “The Directorate General of Customs has a mission of: (i) ensuring safety and security of market and society (consumers’ protection, environment protection and national border protection) by applying efficient customs supervision and by developing domestic and international cooperation; (ii) ensuring collection of taxes that are administered by the Customs; (iii) establishing favourable conditions for business development by implementing modern working methods and creating electronic customs environment”.

Paragraph II.3.4 of this strategy.

Paragraph III.4.1 of this strategy.

Paragraph III.4.5 of this strategy.

End of Twinning Fiche____________________________________________________

27

web view · 2015-10-14al 08 ib fi 01. basic information . programme: ipa 2008. twinning...

Documents