Negotiation of the contract Revision Twinning Manual 2012

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The 2012 Revision of the
Common Twinning Manual
with Some Tips for Practitioners
Paolo M. Gozzi
DG Enlargement – Unit D2
Tallinn, 22 May 2012
Introduction
• Why?
• Periodical revision of the Twinning rules
• Evaluation TA vs. Twinning (2010) ELARG
• First Evaluation of the Institutional Twinning
Instrument with the ENP countries (2011) DEVCO
• How?
• Shorter gap between programming and
implementation
• More flexibility = more responsibility for twinners
• NB: Some of the changes only for IPA projects
General Suggestions for IPA Programming
(out of TM)
• Shortening time gap
• IPA Committee approval – Call for Proposals
• “Unattributed envelope” for Twinning Projects
• Budgetary allocation for twinning in National
Programme
• Design/launch of twinning fiche as soon as ready
Important
• The Twinning Manual 2012 is applicable for all
projects with notification of selection sent on or
after 2 April 2012
• Twinning is a grant – PRAG framework
• Duty of the Commission and CFCEs (under IPA)
or PAOs (under ENPI): to ensure fair competition
among MS and coherent application of the
twinning rules
Revision Twinning
Manual 2012
Project Leader
MS Project Leader
Under IPA, the responsibility and involvement of
the PL grows significantly:
In particular, the Project Leader must ensure
his/her presence at all meetings of each quarterly
Project Steering Committee during which the
detailed description of activities is updated.
Junior Project Leader
• JPL has a role to play as facilitator for the project.
• TM 2012 formalises what was already common
practice: the JPL can attend Project Steering
Committees at the cost of project
STAFF
•Junior Project Leader
TASKS
INPUTS
•Ensures
the
good
coordination with Project
Leader and Junior MS input
appropriate to the project.
•Attendance of quarterly
project steering committees is
recommended.
Revision Twinning
Manual 2012
Resident Twinning Adviser
Role of the RTA
• No standard twinning can run without the RTA.
• Reinforced importance of RTA’s presence (subsection 2.2.1
of TM 2012)
…The RTA is the backbone of a Twinning project throughout
the entire duration of the implementation period of the
Action. He or she is supported in his or her MS administration
for logistics, accounting and administrative tasks. This support
should allow the RTA to concentrate on the essence of the
project.
• Addition in first paragraph Annex B1:
…RTAs made available by MS… throughout the entire
duration of the implementation period of the Action.
Repeated assignments as RTAs
• No more than 36 months in one Beneficiary
country
• No more than 2 assignments in the same region
(IPA, ENPI South, ENPI East)
• Maximum 4 assignments in total
• Uninterrupted period of 6 months back in MS
Administration between the 2nd and the 3rd
• 3 years back in MS Administration if a 4th
assignment is sought.
Ad-hoc Mandated Bodies (3.3 TM)
• Clarification of the role of an ad hoc MB:
No key positions can be held by experts coming
from ad hoc mandated bodies.
Revision Twinning
Manual 2012
Selection of the Twinning Partner
IPA: Notification of selection to MS (3.5 TM
2012)
• The selection meeting takes place 14-15 days
after the deadline for proposals.
• The final decision is communicated within three
weeks from the selection meeting.
• In case the deadline is not met, MS can notify
that it is no longer bound by its proposal.
Twinning Fiche may be re-circulated.
ENPI: Notification of selection to MS (3.5
TM 2012)
• 3.5.2 "Selection under ENPI" – Notification of
Results.
• The CA will specify in the letter the possible dates
for the first preparatory mission in the BC within
the next two weeks.
Revision Twinning
Manual 2012
Negotiation of the contract
Negotiation of the contract
• 4 months for IPA countries – first draft to be sent within 6
weeks (IPA) or 2 months (ENPI) from notification.
• For ENPI countries the overall target is to have the
Twinning Contract signed within a maximum of 5 months
from the selection notification date.
• Unchanged number of reimbursable preparation missions.
Revision Twinning
Manual 2012
Annexes to the Contract
Special Conditions
• Addition 4.3 (Signed contract serves as payment
request for the first pre-financing).
4.3
The first instalment of pre-financing, if
applicable, shall be paid to the Beneficiary
within 45 days, as from the date of reception
by the Contracting authority of signed Contract
accompanied by the financial guarantee if
required in accordance with Article 15.7 of
Annex A2. The signed contract serves as
payment request for the first pre-financing.
• Removal of some outdated derogations to
General Conditions (PRAG 2012)
Annex A1 – Description of the Action
• Under IPA, Article 4 (Tasks), Article 6 (Schedule)
and Article 7 (Resources) can be filled in an
abridged form.
Annex A1 - Twinning Review Missions
(Article 9)
• Triggered by EU Delegation
• Implemented – Financed under TAIEX
• 2 experts (former RTA from a similar Twinning
project implemented by a different MS + RTA )
• 3-5 days
• Obligation to provide report.
Annex A2: General Conditions
• Updated according to last version of the PRAG
(2012)
Annex A3: Budget
• Under IPA, limited information required (budget
for activities at level of activity heading).
• Kick-off and closure meetings introduced as
‘Activity 0’ (small catering and venue can be
charged)
Annex A7: Special Financial Annex
• Updated according to TM 2012.
• Budgetary Addendum required when
cumulated changes are above 15% of the
global budget. Then side letters can be
used until the total reaches again 15%.
Revision Twinning
Manual 2012
Changes to other annexes/templates
Annex C7: Selection Fact Sheet (Under
IPA)
• Was already incorporated in the 2009 Manual in
March 2011
• It includes numeric scoring
Annex C15: Template for Operative Side
Letters (IPA)
• Replicates Annex A1 and partially Annex A3.
• Detailed activities for 6 months period
•Tasks
•Resources
•Budget
• Approved by Project Steering Committees
• Revision of 3 months + addition 3 months more
Annex C16: Guidelines for fact-finding
missions
• Issued on 14.10.2010
• Requirements for notification to HQ by MS NCP:
a) Written approval to receive such a mission undersigned by the
Beneficiary in the IPA context and by both the Beneficiary and the PAO
in the ENPI context.
b) A list of issues that the fact finding mission will explore
c) Date of the mission
d) Participants to the mission
• Potential RTA is excluded
• Content and conclusions are shared with all NCPs
by HQ
Revision Twinning
Manual 2012
Implementation of Twinning Contract
Preparation of annex A1 under IPA
• Activities not detailed, just headline and total
budget.
• Article 6. Indicative schedule can be grouped by
quarter.
• Detailed activities for first six months will be
developed out of the contract, in the Operative
side letter.
Annex A1 under IPA
• Twinning Manual 2009
• Twinning Manual 2012
Shorter
Figures can be indicative
and schedule by Quarter
Impact on annex A3
• Opening and closure events as separate item
• Junior Project Leader costs included in Project
Management costs
• Activities only at heading level (IPA)
Opening and closure events (mandatory)
Special activity: detailed as
for Project preparation or
RTA costs.
Activities – Annex A3 under IPA
8. PROJECT ACTIVITIES
Component 1
Subcomponent 1
Activity Heading + total budget
1.1.1 Workshop A
Sub total 1.1.1
35350
Sub total 1.1.2
176000
Sub total 1.1.3
61975
Total Subcomponent 1
273325
1.1.2 Seminar A
1.1.3 Workshop B
Subcomponent 2
1.2.1 Workshop C
Sub total 1.2.1
96800
Sub total 1.2.2
70400
1.2.2. Seminar B
IPA - Operative Side Letter (TM 4.1)
• Annex C15
• Approved in the relevant Project Steering
Committee for work plan of incoming 6 months.
• PL can not delegate its signature to RTA.
• OSL can not include changes to the contract or
other changes that can be considered substantial
according to the criteria indicated in section 6.6.
• The CA must have at least five days to evaluate a
draft OSL
Revision Twinning
Manual 2012
Main Changes to a Twinning Contract
Addendum
• Not necessary when suspension or termination of
contract
• When budgetary addendum is required (beyond
consolidated budgetary changes up to 15%),
there is no need for an addendum till the 15% is
reached again
Side Letters
• Silence upon reception of side letter means no
objection
• Annex C14 (Instructions for preparation of Side
letters and Addenda): Side letters are expected
to be submitted 48 hours to the CA before use is
made of the change concerned (flexibility is
important)
Good practices in preparing
and implementing a
Twinning Project
When programming is underway…
• IPA Committee – Approval of National Programmes
and Project Fiches (with Twinning components).
• Good to establish a network of candidates for RTA in
each institution.
• Good to establish regular contacts with your peers in
other MS for possible consortia.
When preparing a TW proposal
• Select a committed PL
• Ensure that all institutions involved are eligible
• Include only relevant CVs
• Consider the conditions in the Beneficiary
Administration and adapt your proposal
accordingly
When attending the selection meeting
Ensure that all key members of the Twinning team are
present
Share presentation time between Project Leader and
RTA
Make your BC counterpart to feel confident with the RTA
Explain the comparative advantages of your
Administration
Show your knowledge of the situation in the Beneficiary
country and administration
When drafting the contract
Be faithful to the Twinning Fiche
Ensure that the drafting period doesn’t exceed 4
months - Take full advantage of the missions to the
BC
Keep close contacts not only with your counterpart, but
also with Delegation and Contracting Authority
Keep a reasonable pressure on the BC in order to get
timely feedback on your proposals
Do not exceed with study visits or class 3 short term
experts
When implementing the project - I
• Ensure close cooperation with the EUD/EUO
• The MS PL maintain close contact with BC PL
• The MS PL and the RTA be aware of and
cooperative with other actors in the field and
other activities (exp. SIGMA or TAIEX)
When implementing the project - II
• Prepare a standard briefing on the BC for the STE
• Prepare a glossary with technical terms in all the
languages of the experts involved
• Develop networks inside the Beneficiary
Administration:
• At strategic level, with officials who can help solving
conflicts or support the implementation of the project;
• At operational level, with officials who are directly
involved in the project.
Always remember that:
Thank you for your
attention
Twinning Coordination Team
Paolo Gozzi
Marc Patuzzo
Birgit Persson
Jordi Rodríguez Ruiz
Elarg Twinning Mail: Elarg-twinning@ec.europa.eu
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