03 May 2012
Sector fiche – IPA National programmes / Component I
1.
IDENTIFICATION
Title
MIPD Sector Code
Sector support plan for the area of Justice and Home Affairs
Justice, home affairs and fundamental rights
The numbering is for the
sake of EU statistics and
does not need to
correspond with the
numbering in the
beneficiary MIPD
ELARG Statistical code
Measure 1:
Measure 2:
…..
See IPA programming guide par 7.7 – 1 code per Measure
DAC Sector code
See CRIS DAC Form
Total cost
(VAT excluded)1
10.150.000 EUR
EU contribution
8.185.000 EUR
Decentralised management
The Central Financing and Contracting Department (CFCD) will
Centralised mngmt:
EU Delegation in charge be the contracting authority and will be responsible for all
administrative and procedural aspects of the tendering process,
Decentralised mngmt:
contracting matters and financial management including payment
Responsible Unit or
of project activities. The Head of CFCD will act as the
National
Programme Authorising Officer (PAO) of the project.
Authority/Implementing
Agency(ies)
Ms. Radica Koceva (PAO)
Central Financing and Contracting Department
Ministry of Finance
Tel: +389-2-3231 219
Fax: +389-2- 3106 612
e-mail: radica.koceva@finance.gov.mk
The key beneficiary will be:
Implementation
Ministry of Justice
Management mode
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The total cost should be net of VAT and/or of other taxes. Should this not be the case, clearly indicate the amount of
VAT and the reasons why it is considered eligible.
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management
Ms. Frosina Tasevska, Head of Department for European Union
and Senior Programme Officer
Tel: +389 2 3106 522
Fax: +389 2 3226 975
E-mail: ftasevska@mjustice.gov.mk
Ministry of Interior
Mr. Sasko Kocev, Head of Section for IPA implementation and
Senior Programme Officer)
E-mail: Sasko Kocev@moi.gov.mk
Financial Police Office
Kiril Temelkov, adviser of Director
Tel: +389-75-330247
Financial Police Office
E-mail: kiril.temelkov@finance.gov.mk
Implementing modality
Directorate for Personal Data Protection
Mr. Dimitar Georgievski, Director
Elizabeta Nedanovska, SPO
Tel: +389 2 3230 635
Fax: +389 2 3230 635
E-mail:dimitar.gjeorgievski@privacy.mk,
elizabeta.nedanovska@privacy.mk
Projects with contracts for services, twining, supply and works
Zone benefiting from Nationwide activities
the action(s)
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2.1
RATIONALE
LINKS WITH NATIONAL SECTOR OBJECTIVE(S) AND MIPD SECTOR OBJECTIVE(S)
The MIPD 2011-2013 underlines the importance of continuation of the fight against organised
crime, training, strengthened cooperation among police bodies and other law enforcement agencies.
Further efforts are particularly needed in the forthcoming period to successfully complete the
criminal procedure reform, strengthen the police investigation in the pre-trial period. The EU aims
to assist the country's efforts to fight organised crime and corruption. Within this large sector,
cooperation will equally focus on home affairs issues such as the police investigation in the pre-trial
period and border management. The key objectives of the MIPD fully coincide with the country’s
identified priorities in the area of rule of law.
The EU legal and institutional framework under Freedom, security and justice is giving the bases
for the reform in the area of Justice and Home Affairs developed and implemented within the
National Programme for Adoption of the Acquis under Chapter 23 “Judiciary and fundamental
rights” and Chapter 24 “Freedom, security and justice”. Strengthening the judicial independence,
and enhancing the efficiency as well as specialization of the judiciary in order to ensure free and
efficient access to justice and the establishment of the rule of law principle as the basis of a stable
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and modern judicial system are the priorities under Chapter 23.
Following the EU progress report's recommendations, the main gaps are identified in the area of
anticorruption, financial crime, organized crime and external borders and Schengen. Therefore
the efficient implementation of the anticorruption legal framework and track record in handling
high level corruption cases remains as a challenge. The verification of declarations of assets and
conflicts of interest needs to be systematized and institutionalized. Transparency of public
expenditure and funding of political parties remains insufficient where more pro-active interinstitutional cooperation and capacity building is necessary. Consolidated statistical systems for
data collection and analysis are necessary. Furthermore, a formal anti-fraud cooperation structure
(AFCOS) remains to be established and made fully operational. Tax investigation capacity and
overall the implementation of the special investigative measure needs to be improved by
strengthening the capacity and inter-institutional cooperation of the Financial Police, Ministry of
interior and Custom office. In the area of organized crime relevant law enforcement bodies should
be strengthened, full implementation of the police reform in practice and the establishment of the
National Intelligence Database to be ensured. The new concept of the pre-trial procedure introduced
with the new LCP as part of the criminal system reform is a major challenge in legal and
institutional terms. Moreover, a comprehensive, multi-disciplinary and victim-centred approach to
trafficking needs to be further ensured. With regard to the external borders and Schengen the
border police still faces structural problems, understaffing and lack of budgetary provision.
Implementation in the field of asylum needs to be considerably enhanced, as well.
The project will contribute towards the implementation of the Stabilization and Association
Agreement, particularly provisions under Title IV and Title VII recognising the importance of
the approximation of the existing and future laws of the Republic of Macedonia to those of the
Community reinforcing the cooperation, institutions and the rule of law in area such as visa, border
control, asylum and migration; prevention and control of illegal immigration; readmission;
combating money laundering; preventing and combating crime and other illegal activities; and
cooperation on illicit drugs.
The Accession Partnership underlines the importance of continuation with the implementation of
the Set of Action Oriented Measures for the Fight against organised crime and establishing a
sustained track record on implementation of judiciary reforms and strengthening the independence
and overall capacity of the judicial system. It calls for providing adequate funding and training for
implementation of the police reform, strengthening coordination and cooperation both among police
bodies and between the police and other law enforcement agencies and strengthening cooperation
between the criminal police and the public prosecutors. In addition, it outlines the need to: develop
and implement comprehensive human resources and training strategy for the police and upgrade
their equipment; ccontinue to implement the integrated border management action plan, develop the
main databases for border management and ensure that they are connected, upgrade equipment for
document analysis and border surveillance, and ensure effective implementation of requirements for
delivery of high-quality travel and identity documents and provide further staff training.
As one of the accession priorities the fundamental rights with regard to the reform of the
penitentiary system are already covered with many activities and projects. The donor support
(OSCE, MATRA, United Kingdom Embassy) is continuous with regarding the prison reform
system where number of projects are implemented. Also is ongoing the realization of the Project
“Reconstruction of Prisons and Educational - Correctional institutions in the Republic of
Macedonia”. (until the 2015). The project aims to increase capacity and improve the living
conditions of convicted and detained persons, as well as their rehabilitation, strenghtening of the
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health capacities and creation of optimal conditions for the work of the employees at the Idrizovo
Prison, the Correctional – Educational Home Tetovo, Skopje Prison and Kumanovo Prison, in line
with the European prison rules and European standards/practices. A total of 52 million Europe (46
million EUR from the CoE Development Bank and 6 million EUR from the Budget of the Republic
of Macedonia) are secured. IPA 2009 will also support capacity building of the law enforcement
agencies for appropriate treatment of detained and sentenced and IPA 2010 will provide further
support for promotion of the probation service and alternative sanctioning.
2.2
SECTOR ASSESSMENT – POLICIES AND CHALLENGES
(1) National sector policy, strategy and context.
Strengthening the legal state and the rule of law with continuation of the fight against corruption
and organized crime and consistent respect of human rights is one of the key priorities of the
country building on the policy to achieve full integration with the EU.
Accordingly, the Work Program of the Government of the Republic of Macedonia for the
period 2011–2015 is committed to “Uncompromising fight against corruption and crime and
efficient law implementation by undertaking deep reforms in the judiciary and public
administration”.
In this respect, two parallel reform processes are being implemented: one in the judiciary covering
the reform of the judicial system, anti-corruption and to some extend the fundamental rights and
one in the police defining the new organisation of the Ministry of Interior (MoI) and of the Police,
as it defines the new methodology of work. Moreover, polices and standards were introduced with
regard to the Schengen and judicial cooperation in the civil and criminal matters.
The SCPC, in cooperation to the Secretariat for European Affairs and the Ministry of Justice, with
the support of the Delegation of the European Union in the Republic of Macedonia and the UNDP
Office in Macedonia, prepared the new State Programme for Prevention and Repression of
Corruption, and the State Programme for Reduction of Conflict of Interests (2011-2015). In
accordance to the Operative Plan (adopted in September 2010), a Methodology for development
of the Action Plan for the new State Programmes 2011- 2015 was prepared.
Particularly, due to the need to strengthen the national capacities for fight against organized crime
and corruption the Ministry of Justice in July 2007 adopted the Strategy for Reform of the
Criminal Legislation (2007-2011). Thus, the reform of the criminal legislation was initiated in two
segments: reform of the criminal substantive legislation (Amendments to the Criminal Code were
adopted in September 2009) in direction of harmonizing the penal-legal system of Republic of
Macedonia to the European standards and reform of the criminal procedural legislation (new Law
on criminal procedure was adopted in 2010 with vacation legis of 2 years). The basic determinants
of the reform are: extension of the application of the principle of opportunity of criminal
prosecution; affirmation of the out-of-court settlement and simplified procedures; abandonment of
court paternalism by means of transferring the burden of proof to the parties; ensuring an active and
leading role of the public prosecutor’s office in the preliminary procedure, with an efficient control
on the police; repeal of the court investigation and takeover of the conducting of the preliminary
procedure by the public prosecutor’s office; introduction of a system of preclusions for certain
process actions and measures against misuse of process powers of the parties; strict time limits for
passing and written drafting of the judgment; rationalisation of the system of remedies;
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implementation of the documents on criminal procedure of the European Union and Council of
Europe; creation of an efficient public prosecutor’s office and establishment of a new operational
and managing structure and management and cooperation with the police and other bodies applying
the Code.
According to the Strategic Plan of the Ministry of Justice 2012-2014 the MoJ shall provide general
prerequisites to achieve the primary function of the judicial system and its reform aiming to create
efficient system for respect and protection of the human rights and freedoms. Particularly, MoJ is
competent to participate in the creation of legal and organizational prerequisites in the following
areas: establishment of independent, impartial and efficient judiciary aiming to provide the rule of
law and legal certainty, promotion of the public prosecution status, promotion of the standards of the
penitentiary system, realization of the constitutional determinations of the BAR as an independent
service providing legal aid and executing public authority in accordance with the law, promotion of
the execution of the notary activity, providing for consistent and entirely enforcement of judicial
decisions by the bailiffs, building efficient and modern system for elections, promotion of the civil
initiative, and promotion of the prerequisites for implementation of the human rights.
The Police Reform Strategy defines the new organisation of the Ministry of Interior (MoI) and of
the Police, as it defines the new methodology of work. In this sense, the reform strategy stresses as
necessary to develop capacities to implement the policies at different levels within the Ministry as a
whole. This means that the Ministry should create capacities for successful implementation of the
Governmental policy in the area of home affairs, while for the needs of the Bureau for Public
Security, the Central Police Services, Sectors for internal affairs and Regional centres for Border
issues, there should be administrative and other appropriate capacities developed in accordance to
the needs. According to the new Law on internal affairs and new Law on police the new
organizational structure of the Ministry of interior is in place. Beside this there is a need for detailed
assessment of the current functioning of the organizational set-up effectiveness and efficiency.
Furthermore, analyse of the cooperation between the Ministry of interior and other law enforcement
agencies should be conducted. The aim of such a course of action is to provide independence in
human resources management, adequate to the degree of responsibility and the working obligations
in the performance of the tasks at different level.
There is strong political will and public awareness in the Republic of Macedonia for intensive and
continuous fight against organized transnational crime as a response to its consistency,
changeability and unexpectedness, aware that there is no effective control of organized crime
without understanding current and future trends.
In continuation, the Strategic Plan of the MoI notes the following key objectives: Prevention and
detection of organized crime and corruption; Strengthening the trust of all communities in the
Police, Completing the Police Reform process, Improving the public security and Improving the
efficiency in the fight against terrorism and protection of the national security.
In the area of border management, the National Strategy on development of the established system
for integrated border management and the derived Action plan determines the following strategic
goals:
- Upgrading of the legal framework in line with the European standards;
- Strengthening of the capacities and enhancement of the inter-agency cooperation between the
organizational structures, ministries and institutions competent in the system for IBM;
- Building and reconstruction of BCPs;
- Upgrading of the IT support and of the established systems and projects;
- Development of the cross-border and international co-operation.
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Financial police strategy plan defines the new organization of FPO, in accordance with the new
Law of Financial police which was aligned with the new law of Criminal procedure Considering
this the FPO shall create capacities for successful implementation of the above mentioned
legislation as well as the Governmental policy in the area of fight against financial crime, by means
of development of the administrative and other appropriate capacities in accordance to the needs.
AFCOS should be established and made fully operational within the Financial police office.
Strategy for Personal data Protection 2012 – 2016 followed by Action Plan for implementation
will provide legal and institutional ground for efficient protection of personal data. The Strategy
determinates these strategic goals:
 Ensuring efficient system for Personal Data Protection
 Continuous harmonization of the National Legislation for Personal Data Protection
 Facilitation of the approach and improvement of the efficiency of the evidence of the personal
data collections
 Further increasing of the public awareness level for the right of personal data protection
 Optimisation of the institutional capacity
 Increased participation in the International cooperation
 Cooperation with the Commission for protection of the Right of free access to public
information, the ombudsman and other state authorities.
(2) Sector and donor coordination.
The coordination of the actions in light of the priorities from the perspective of the EU integration
process and the level of alignment with EU criteria is carried trough regular meetings of the
Working committee on European integrations which discuss the level of implementation of
NPAA, the fulfilment of obligations deriving from the Stabilisation and association agreement and
the implementation of IPA and other foreign assistance. The committee is cheered by the Deputy
prime minister where the State secretaries of the ministries participate.
With regard to the anti-corruption policy, the Government’s Council for implementation of the
Government Action Plan for Fight against Corruption, is the highest coordination government body
chaired by the President of the Government of the Republic of Macedonia. Moreover, Interministerial body for coordination of activities against corruption chaired by a representative from
the Ministry of Justice was established by the Government of RM on 29.03.2006 composed of
representatives from the: Ministry of Justice, The Ministry of Interior, Public Procurement Bureau,
Public Revenue Office, Financial police, Ministry of Local Government, Civil Servants Agency,
Secretariat for European Affairs, Higher Public Prosecution Office Stip, Supreme Court of the
Republic of Macedonia, State Audit Office, state Commission for prevention of corruption,
Directorate for prevention of money laundering and the Customs Administration. This Interministerial body coordinates the activities of all authorities in the fight against corruption,
strengthening the mutual cooperation and mutual notification for exchange of information and data
and the implementation of the GRECO recommendations of the Council of Europe and other
international organizations with obligation to inform the Government of the Republic of Macedonia
on the carried activities at least once a year.
With a view to monitoring the process of implementation of the Criminal Procedure Code, on
25.10.2011 the Government of the Republic of Macedonia set up a Coordinating Body for the
Monitoring of the Process of Implementation of the new CPC, managed by the Minister of
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Interior and Minister of Justice, and composed of a Vice President of the Government of RM and
Minister of Finance, Deputy Minister of Justice, Secretary of State of the Ministry of Justice, Public
Prosecutor of the Republic of Macedonia, Public Prosecutor of the Basic Public Prosecutor’s Office
for Prosecution of Offences from Organised Crime and Corruption, Public Prosecutor of the Skopje
Public Prosecutor’s Office, the President of the Skopje I Basic Court – Skopje, Prosecutor from the
Skopje Higher Public Prosecutor’s Office, and a Head from the Ministry of the Interior. The
Coordinating Body held three meetings at which it was established that the full implementation of
the CPC within the legally defined time limit implied setting aside significant funds.
The national aid coordination system is streamlined in terms of improving the quality and
accessibility of foreign assistance information and technical skills and capacities of the line
ministries in strategic planning, monitoring and management of foreign assistance. The
communication and cooperation among line ministries and between the Government and donor
community is envisaged through organization of regular donor coordination meetings.
In addition to the EU assistance, Justice and Home Affairs area, is supported by other foreign
donors as well (World Bank, IFC, USAID, OSCE, the Netherlands, Norway, USAID, etc.) and
must be based on the principles of the Paris Declaration from 2005, in order to achieve continuous
and substantial progress in the implementation of the specific priorities and activities through the
efficient use of the resources.
Considering the presence of many donors in the sector, the Government has made efforts through
the Programme Based Approach (PBA) - ,,Justice and home affairs’’ Working Group to ensure
efficient donor coordination in order to avoid possible overlapping and alignment with the national
priorities, which can be further enhanced and supported. The Ministry of Interior and Ministry of
Justice are Focal points of this PBA Working group consisting of representatives also from Ministry
of Finance, Financial Police Office, Secretariat for European Affairs, and the representatives from
the donor community: UNDP, DEU, UK, USAID, and Netherlands. In the future this working
group shall be used for coordination in the implementation of this SIF.
(3) Sector budget and medium term perspective.
Within the regular annual process of planning of the national budget the Ministry of Interior and the
Ministry of justice foresee activities and financial resources for the area covered with this sector
fiche.
In the area of rule of law, the 2011 national budget (governmental sub-programme rule of law: fight
against corruption and organized crime, fight against illegal immigration and human trafficking and
judiciary reforms) amount to 160.819.000 denars. The 2011 government sub-programme on police
reforms amounts to 1.487.628.000 denars. These sub-programmes are complementary to the
individual budgets of the relevant line ministries and institutions.
(4) Sector monitoring system.
The national strategic documents define scope of the results and indicators foreseen for
achievement through comprehensive set of activities. The overall framework for monitoring
implementation of sector policies and strategies is a responsibility at the level of ministry and of
different coordinative bodies and working groups with ensured representation from relevant
stakeholders.
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During the past years different EU coordinative mechanisms were developed. The level of
alignment of the national legislation with the European legislation is regularly monitored trough the
35 working groups (WG) per chapters for preparation of the National program for the adoption of
the EU legislation (NPAA), among which the WG’s on Chapter 1 “Political criteria”, Chapter 23
“Judiciary and fundamental rights” and Chapter 24 “Justice, freedom and security” are responsible
inter alia for the fulfilment of the requirements within the Justice and Home Affair. The NPAA is
revised annually and the implementation of the activities is monitored on a regular basis.
In addition, the Progress Reports and the Information’s assessing the achievements and the progress
made against certain issues with regard to the accession criteria and/or SAA implementation
measures can be perceived and used as monitoring instruments thereto. Moreover, the
implementation of obligations under the SAA is being followed in the framework of the
Stabilization and Association Committee and the respective Sub-Committee on justice, freedom and
security presided on the Macedonian side by the Ministry of interior and with active participation of
all responsible institutions.
Aside from the afore noted monitoring elements and mechanisms, the sectoral monitoring system is
ensured trough the monitoring of the fulfilment of the Strategic plan of the Ministry of Justice and
of the Ministry of Interior; the monitoring of the implementation of the Working Programme of the
Government, which entails activities on justice, home affairs and fundamental rights.
In addition, the sectoral activities which have been supported through IPA assistance are being
monitored both at project level (line institutions, CFCD, NIPAC), but also on a programme level in
the framework of the IPA TAIB and overall within the framework of the IPA Monitoring
Committee.
(5) Institutional setting
Institutional setting with regards to the prevention and repression of corruption
The Ministry of Justice is competent for coordination as well as preparation, implementation and
monitoring of the anticorruption policy, primarily legislation with regard to the financing of
political parties, Electoral Code, Criminal legislation and etcetera within the framework of the
NPAA Working group for Chapter 23 “Judiciary and fundamental rights”.
With its status of an independent specialized institution for prevention of corruption, the State
Commission for Prevention of Corruption established in 2002 and composed of 7 members,
appointed by the Parliament, with 4 years term of full time office, has assumed a leading role in
prevention and initiation of repression against corruption and conflict of interests. The main
competences of SCPC are as follows: application of the measures stipulated in the Law on
Prevention of Corruption and the Law on Conflict of Interests; initiation of procedures for
dismissal, removal, criminal prosecution of public officials and other measures for determining the
responsibility of public officials; working on cases of conflict of interests; registration and
monitoring of changes of assets declarations of the elected and appointed public officials;
registration and monitoring of statements of interest; initiation of control of the financing of the
political parties and associations of citizens; supervision of lobbying activities. The existing and
forthcoming legal framework provides a broad bundle of measures to prevent and combat
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corruption and several bodies are in charge to fight against corruption (SCPC, MoI, PPO, Courts,
PRO, FPO, CA, FUI, and all relevant law enforcement bodies) In consideration of the importance
of the inter-institutional vcooperation as a condition for efficient fight against corruption, in 2007
the State Commission for Prevention of Corruption signed a Protocol for Cooperation with 17
institutions mandated also to contribute to the prevention of corruption and conflict of interests. Due
to the complexity of the competencies some of the state bodies and judiciary bodies has established
specialized departments for combating corruption, such as:
 Public Revenue Office, Anti-corruption Department that performs the actual examination of
the assets declared by officials. PRO does not tolerate violations of the laws and internal
regulations governing the prevention of corruption and strengthening the anti-corruptive
behavior in tax administration.
 The Public Prosecutor’s Office (PPO) for Fight against Organized Crime and Corruption
set up as a basic autonomous PPO since 2008 (previously a Department within the General
PPO). The prosecutor power is exercised by the Council of Public prosecutors, 22 basic public
prosecutor’s offices, 4 high prosecutor’s offices and Public Prosecutor’s Office of the Republic
of The Basic Public Prosecutor’s Office for Prosecuting Organized Crime and Corruption, with
jurisdiction over the entire territory of the country.
 Basic Court Skopje 1 is criminal court with a specialized department for proceeding cases of
organized crime and corruption with jurisdiction over the entire territory of the country.
 Ministry of Interior – Specialized Centre for suppression of Organised and Serious Crime
and the Sector for Internal control and professional standards;
 State Audit Office - responsible for planning and conducting audits, examination of
documents, papers and reports on performed internal controls and internal audits, etc. SAO is
also the supervisory body for the financial and donations’ reports of political parties and
electoral campaigns.
The Agency for managing confiscated property and property gains in criminal and
misdemeanour procedures is competent for the management of seized property, profit and seized
items in agreement with the court and the authorised body; executing the procedure for seizure of
property and profit, keeping and storing the seized property, evaluation and registering the overall
seized property; preparing statistical, financial and other reports on the seized property, etc.
National institutional capacities for fight against organized and serious crime
The Ministry of Justice is competent for securing of the fight against organized crime and serious
crime by preparation, implementation and monitoring of the criminal justice system reform
including the legal and institutional capacities related to the judiciary, anticorruption, public
prosecution, criminal law, legal aid, international legal assistance; human rights; court expertise;
expertise and super-expertise; out-of-court proceedings; IT in the judiciary and etcetera all in a view
for harmonization with the EU legislation taking also other activities related to EU accession
process.
Ministry of internal affairs of the Republic of Macedonia is public institution that is responsible
for: functioning of the public and state safety system; prevention of violent destruction of the
democratic institutions determined by the Constitution of Republic of Macedonia; protection of life,
personal safety and the property of the citizens; prevention of outburst of national, racial and
religious hatred and intolerance; prevention of committing criminal and minor offences,
identification and arresting perpetrators and undertaking other measures prescribed by Law, for
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pursuit of the perpetrators; civil affairs and other affairs established with this or separate law. Also,
organizational structure of the Ministry is consisted of: Organizational units for the needs of the
Ministry: 1) organizational units authorized to conduct expert issues, 2) organizational units
authorized to conduct civil affairs. Bodies as part of the Ministry: Bureau for Public Safety,
Administration for Security and Counterintelligence.
The Publics Prosecutor’s Office – is sole and autonomous state authority which prosecutes the
perpetrators of criminal and other punishable acts as determined by law. The prosecutor power is
exercised by the Concil of Public prosecutors, 22 basic public prosecutor’s offices, 4 high
prosecutor’s offices and Public Prosecutor’s Office of the Republic of The Basic Public
Prosecutor’s Office for Prosecuting Organized Crime and Corruption has jurisdiction on the entire
territory of the country. According to the new Law on criminal procedure, on 14.12.2012, the
Public Prosecutor of the Republic of Macedonia took a Decision on the Creation of an
Investigating Centre within the Basic Public Prosecutor’s Office for Prosecution of Organised
Crime and Corruption in Skopje, which pursuant to the Law on Public Prosecutor’s Office is
established for the entire territory of the Republic of Macedonia, with a seat in Skopje.
Financial Police Office has the competence for implementing financial controls, monitoring the
implementation of tax customs and other regulations concerning finance; collect and analyze data
on cash transactions; take investigations and other measures when there is reasonable suspicion of
criminal acts of organized financial crime; follow the money trail of offences by law include
significant amounts of large scale; discover and document crime acts, primarily in the area of
organized financial crimes, which are prosecuted ex-duty, such as tax evasion, money laundering,
and other proceeds, tax, banking, insurance, stock exchange, customs and other frauds, corruption,
abuse of function etc; computer forensics; submit criminal charges to the Public Prosecutor Office
within it’s competence. In the area of fight against money laundering and financing terrorism the
Financial police Office cooperate with the Financial intelligence unit competent to seek, collect,
process, analyse, keep and provide data obtained from the entities. Moreover, in the area of taxation
the FP closely cooperates with the Public Revenue Office and Customs Administration.
Financial police office with decision of the Ministry of finance is contact point with OLAF .AFCOS
should be established and fully operational. Financial police office had 31 employers and 25 of
them worked on provisions of Criminal law.
According to the New Law on criminal procedure a Judiciary police is to be established with
representatives from the Ministry of interior, financial police office and Customs office under the
competencies of the PPO. Hence the Law on police, Customs law and Financial police law are
being amended to be aligned with the Law for criminal procedure. All three institutions are
involved and authorized for fight against financial crime and they closely cooperate with other law
enforcement agencies, such as the Public prosecution office , Public Revenue office , Audit office
and others.
The courts in the country, are autonomous and independent state bodies comprising 27 basic
courts, 4 Appellate courts, Supreme Court, Administrative Court and High Administrative Court
and the Judicial Council of RM. The Basic Court 1 is a criminal court with a specialised department
with competence for proceeding cases of organised crime and corruption for the entire territory of
the country.
Academy for Judges and Public Prosecutors – is public institution with main competence to
provide competent, professional, independent, impartial and efficient conduct of the judicial
function by means of selection, organizing and implementation of initial training for the candidates
for judges and public prosecutors in the basic courts and basic prosecution offices and to provide
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continuous expert advanced training of the judges and public prosecutors and the judicial and
prosecutorial clerks.
National institutional capacities for judicial cooperation in civil and criminal matters
The Department for international legal assistance within the Ministry of Justice of the Republic of
Macedonia has competencies concerning the conclusion of bilateral agreements on international
legal assistance, extradition and transfer of sentenced persons, and international legal assistance in
dealing with foreign State requests in criminal and civil matters. Matters within the scope of the
Department are carried out on the basis of the ratified International and European legal instruments
on legal assistance in civil and criminal matters and the national legislation thereto through the
Department for extradition and transfer and the Department for handling foreign State requests in
criminal and civil matters.
Institutional setting for Data protection
Directorate for Personal Data Protection is independent institution established to perform
inspection over legality of processing of personal data as well as to warn about the risks from the
excessive collection of personal data. Further, to recommend use of less invasive methods of the
personal data processing that does not infringe the privacy of citizens. Directorate inspects and
punishes the excessive and illegal processing of personal data
(6) Macro-economic context and Public Financial Management.
The Ministry of Interior, Ministry of Justice and Financial police office, the institution beneficiaries
are part of the national system of Public Financial Management (PFM).
(7) Sector assessment.
European Union (EU) policies in the field of justice and home affairs are aimed at maintaining and
developing the Union as an area of freedom, security and justice. On issues such as border control,
combating organized crime, financial crime, fraud and corruption, money laundering, police and
judicial cooperation, mutual recognition of court judgments, and human rights legal instruments, the
Republic of Macedonia need to be equipped to ensure that achieves adequate and acceptable
standards of implementation. The Institutional and the Administrative capacity also must be up to
these standards by the date of accession. Furthermore, an independent, reliable and efficient
judiciary and police organization are of paramount importance.
Successful fight against corruption assumes most importantly the political will. So far good results
were achieved in terms of low level corruption, e.g. in cases of corruptive behaviour of border
police and traffic police officers and customs officials. However, the number of revealed and
prosecuted high level cases of typical corruption remains very low. Face the low number of
revealed and investigated cases of typical high level corruption the coordination and exchange of
information in terms of repression of corruption (newest developments, modus operandi of
perpetrators etc.) should be strengthened.
Concerning the statistical data of the Basic Public Prosecutor’s Office for prosecuting organised
crime and corruption in Skopje no criminal charges in terms of receiving of or giving a bribe were
submitted in the period January 2010 - December 2011. Thus, a proactive approach of the law
enforcement agencies is necessary to reveal corruption, i.e. to get first qualified information to
initiate investigations. Information gathered by SCPC, State Audit Office (SAO), Public Revenue
Office (PRO), Office for prevention of money laundering etc. could be good, already existing
resources to initiate such investigations. However, the number of detected cases of corruption
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based on information of these authorities is very low. Due to the fact that the main tasks of these
authorities is not the fight against corruption but rather are requested to gather these and other
information in a proactive way. Hence, the PPO shall take a proactive role initiating investigation
on the basis of the information, resources and reports submitted by these bodies. The long lasting
criminal court procedures in cases of corruption and the capacity of the judiciary to deal with
sensitive high level corruption cases in general remains weak. The competent bodies tasked with
combating corruption need to have a pro-active approach and widespread allegations of corruption
in key areas of concern, such as assets declarations, conflict of interests and illegal financing of
political parties. Cooperation between the relevant law enforcement agencies needs to be
strengthened. System of collection and processing of relevant data for measuring the extent and
nature of corruption, the effectiveness of anti-corruption measures, as well as a track record in
handling high level corruption cases is missing when it is necessary to be efficient and functional.
The country in very dedicated to the reforms initiated with regard to the fight against organized
crime and some progress achieved in this area is evident but however fight against organised crime
remains a serious concern. Accordingly, the Strategy for reform of the criminal justice system is
being implemented with special focus on the adopted amendments of the Criminal Code on
extended confiscation of assets, criminal liability of legal persons, economic crime, cyber crime and
fraud to the detriment of the funds of the European Community. The core element of the Strategy is
the new Law on criminal procedure reforming the structure, organization and jurisdiction in the pretrial and the court procedure. Moreover the new LCP establishes a system of 12 types of special
investigative measures and the list of criminal offences for which SIM are prescribed is being
extended. In addition, it envisaged a new and more active role of the public prosecutors in the pretrial procedure. In this respect ongoing preparatory activities for effective implementation of the
new LCP are being implemented. All relevant laws shall be harmonized with the new Law on
criminal procedure, and the personnel and material-technical capacities of the public prosecution
should be strengthened. Decision for the establishment of the initial Investigative centre within the
Basic Public Prosecution for organized crime and corruption was brought which shall be made
operational by the entrance into force of the Law. The Academy for Judges and Public Prosecutors
continuously organizes trainings for judges, public prosecutors and representatives of relevant
institutions, for successful application of these laws. However the lack of material-technical and
human recourses for full implementation of the Law on the whole territory at this point is evident.
Moreover a track record on the implementation of the Criminal code with special emphasis on the
reformed provisions is missing. Also, there are needs to further intensify the fight against organised
crime, notably by increasing the number of investigations with the use of special investigative
measures and by creating an integrated intelligence system for interagency use in the fight against
organised crime. Structural problems in the law enforcement agencies and the PPO’s fighting
organized crime remain apparent. Information structure is needed to ensure independent functioning
of each public prosecution office, satisfying the principles of subordination and hierarchical
superior. LAN (local area network) and VPN (virtual private network) were build to connect the
public prosecution offices, courts and prison facilities but in order to make them safely
communicate with each other new IT equipment is necessary. Furthermore, the human resources in
the law enforcement agencies are badly balanced: there is a surplus of police and customs officers
(in relation to the number of population). Systematization (staffing), career development, selection,
promotion have still to be improved. To solve the situation, it would be necessary in the frame of
the overall reforms to focus on the development of the functional capacities of the law enforcement
authorities and the PPO’s for a systematic approach in the research and control of the organized
crime. A crucial element in the development of a special framework with specific methodologies of
work, following the tendencies in the countries of the European Union, is development at national
level, a model for criminal –intelligence in the Republic of Macedonia that shall enable
institutionalization, unification of the standards and a strategic and integrated approach in collection
and analysis of information regarding organized crime. That shall contribute to more effective
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partnership and coordination between the police, the customs, financial police, public prosecution
and other authorities with appropriate competences, at national, regional and local level. The
partnership with the judicial bodies is of special importance. The institutionalization of the
processes shall enable a unified national perspective for identifying the real threats emerging from
organized and serious crime, using the recourses for real priorities at national, regional and local
level, thus achieving maximum use of the resources in the country. In the near future, Republic of
Macedonia plans to introduce National Criminal Intelligence Database (tender, evaluation process
is pending). In that direction, interconnection, collaboration among law enforcement agencies,
PPO”S and institution will be condition sine qua non. Intention to be part of EU implies that
Ministry of Interior will have operational tasks related to the membership, to exchange up to date
information and to have operational availability and reliability of Information system platform 24/7.
The fight against financial crime remains a serious concern in the country. In the field of taxation
is noted that tax investigation capacity needs to be improved. This refers to straitening the capacity
of Financial police office, Ministry of interior and Customs office and other stakeholders since the
tax administration doesn’t have mandate for tax investigation. However, efforts of relevant law
enforcement bodies (the Financial Police Office, the Ministry of Interior, the Public Prosecutor's
Office, and Customs Administration) in fighting financial crime should be strengthened. There are
needs to further intensify the fight against financial crime, notably by increasing the number of
investigations with the use of special investigative measures . To solve the situation, it would be
necessary to improve collective and individual management capacity; improvement of Investigation
stage of criminal procedures carried out; use of sophisticated technical equipment is necessary for
fast and efficient suppress and prevention of the financial crime; improved mechanism for
identification and reporting of suspicious transactions, enhanced effectiveness of law enforcement
and prosecution activities in the field of countering money laundering; developed appropriate
expertise in tackling money laundering cases; completed and strengthened supervisory regime and
performed monitoring and assessing the most relevant money laundering risks, having regard to
appropriate statistics; strengthened international cooperation with supervisory bodies, law
enforcement agencies in the EU and partners countries. Some progress has been made on the
protection of the EU’s financial interests, mainly by signing a memorandum of understanding on
preventing, investigating and reporting irregularities in implementation of the Instrument for PreAccession Assistance (IPA) funds between Financial police office and National authorized officer,
but however the operational cooperation of AFCOS and its partners (OLAF, Public prosecutor
office, Audit authority, IPA Audit Authority, and other institutions , etc.) need to be strengthened
and respective cooperation agreements need to be signed and implemented as well. Moreover the
system and the legal framework for preventing and detecting irregularities, fraud and other illegal
activities need to be improved by the implementing structures and relevant authorities in order to
provide quality of information transmitted to OLAF. In this area Ministry of Finance, National
Fund adopted in 2009 Programme Implementation Manual (PIM) Management of Irregularities for
the National Officer and National Fund. Last year was adopted the Degree for the procedure for
the prevention of irregularities, the manner of cooperation , format, contents, terms, and the way of
reporting irregularities.
The judicial cooperation in criminal and civil matters is regulated in the Law on criminal
procedure, the Law on international private law, Law on international cooperation in criminal
matters as well as the ratified European Conventions with regard to this matter. Moreover the
cooperation agreement with EUROJUST was signed in November 2008 and the law to ratify the
agreement was enacted in April 2009. In addition regarding the bilateral cooperation numbers of
bilateral agreements on criminal and civil matters were signed on regional and international level.
However challenges remain with respect to the development of mutual legal assistance to wider
possible extent; mutual sharing of information, simplification of the procedure for extradition, full
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application of the mutual recognition principle, and in strengthening the cooperation in prosecuting
criminals. In this respect detailed assessment of the legal framework and the level of alignment with
EU Law in this area is necessary. specialization and education of judges and prosecutors and regular
contacts and exchanges among the national training academies in the region, with the aim of
harmonizing these training curricula and promoting joint exchanges of training in this respect is
necessary. Moreover, the MLA Request Writing Tool and the on-line Directory of Competent
National Authorities are considered of great relevance to the work of practitioners. The MLA tools
have been translated into Serbian, Croatian, Montenegrin and Bosnian but due to lack of financial
resources the translation of the tool into Albanian and Macedonian is still missing. In general the
capacities of all the competent institutions need to be strengthen and contacts to other already
established networks and platforms at regional and international level (PROSECO, SEEPAG, EJN
and others) need to be further developed and facilitated.
Macedonia has aspiration to become member of EU and in this regard a base for the future
Schengen information system has to be established. The existing Schengen information system has
strict rules for high availability and security. Currently there is a big gap between present status of
MOI IT infrastructure and needed Schengen compliant one. In order to fulfil it’s obligation the
Ministry of Interior has a legal responsibility to host data for citizen status, personal identification
documents, motor vehicle registration, firearms registration as well as data related to the public
safety: criminal records, personal dossier, stop lists, border control files etc. In addition the Ministry
of Interior Information system is crucial for generating election lists (legal responsibility of Election
commission), matricular books legal responsibility of Ministry of Justice). Also, vivid
interconnection between Ministry of Interior exchanges information with other law enforcement
agencies responsible for fight against specialized form of crime.
As IT systems have become increasingly critical to the smooth operation of the ministry, the
importance of ensuring the continued operation of those systems, or the rapid recovery of the
systems, has become of utmost importance. Generally, it means that information system availability
and reliability is going to be crucial for all relevant processes in the Sector.
Therefore for proper functioning of the existing data bases it is necessary to ensure conditions as
follows:
 Backup copies of data, configuration files and applications must be taken
regularly;
 All backup systems must be tested regularly to ensure that they conform to the
requirements of the operating plans;
 Backup data must be subject to the physical protection required and placed in
different
 geographical locations;
 Restoring procedures must be checked and tested regularly;
 Separate back-up system, regular check of the switch between the back-up and
operational;
 System- in remote location so that a disaster affecting one site does not affect the
other.
In the case of disaster, Ministry of Interior has a legal responsibility to protect human lives and
property, to implement public order, to make risk assessments, as well as emergency plans and
evacuation together with other governmental and civil institutions and organization. Regarding the
IT system, there is no developed Disaster recovery process, policies and procedures and there is no
specialized Disaster recovery data centre which will enable business continuity of the IT systems
that support business functions of the Ministry of Interior. More precisely at the moment:
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There is no information continuity plan in place, just procedure for incident handing;
Disaster recovery is not included;
There is no training on disaster recovery in place;
Critical information technology resources are not identified;
No back-up site and hardware are maintained for IT continuity;
Further development of SAP modules (FMIS) required effective IT management
tools and methods.
Because of the fact that the Disaster Recovery IT Center is of crucial importance for the MOI, the
management of the MOI decided to plan the activities and resources first, needed for safeguarding
and restoring the IT systems operations and data availability in the event of a disaster and then to
build-up the Disaster Recovery IT Center. In order to assess the current situation and to prepare
feasibility study and cost estimation for establishment of Disaster Recovery and business continuity
System, a Framework contract will be implemented.
Personal data protection is regulated with the Law on Personal Data Protection adopted in 2005.
Additional changes to the Law were adopted in 2008, 2010 and 2011. This law ensures protection
of the personal data through inspection over the legality of the processing of personal data, issuing
opinions, prevention, trainings, continuous informing of the stakeholders. The preventive role of the
Directorate is a priority, having in mind that most of the sectorial laws and bylaws are not
consolidated with the Law on Personal data Protection. In the same time , at the European level, all
the legislation is changing in order to ensure full functioning of the concept of privacy protection
and introducing the new standards in this area, At the moment, Europe is discussing about the
future amendments and modifications of the Directive 95/46/EC and of the modernization of the
Convention 108/81 of the Council of Europe which will be o direction to additional stipulation of
new. Higher standards for personal data protection resulting from fast development of the new
technologies should be set, which will lead to improvement of the national legislation of the
member states of the EU and candidate countries. This changes and new Regulative will be our
obligation in the near future for which the Directorate and the controllers for the country have to be
prepared. In order to follow the major international documents, the new adoption of the
amendments and modifications or new Law on personal data protection is needed, as well as
harmonization of the national legislation in separate areas and of the bylaws.
Considering the fact that the public awareness for the need for personal data protection in the
country is still low, the Directorate has puts its efforts to highlight the preventive role of continuous
advising the controllers regarding the internal acts, issuing reprimands in cases when a irregularities
in the personal data protection occurred. The important step in ensuring the protection of the
personal data is establishment of the efficient system, which means, strengthening the mechanisms
for legal protection, raising the level of cooperation with the controllers and processors, improving
the efficiency of the inspection and the execution of the decision of the Directorate, unification of
the legislation for personal data protection , strengthen the role of the data protection officers,
improvement of the Register of the Directorate for Personal Data Protection and improved
cooperation with other state authorities and civil society.
The protection of the personal data in the country requested improvement in several areas, which
should be develop and facilitate.
3
3.1
DESCRIPTION
OVERALL OBJECTIVE OF THE IPA SECTOR SUPPORT
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The global objective of this sector plan is the consolidation of the rule of law in the country through
improved and consisted implementation of the European Union standards and recommendations in
the area of freedom, security and justice.
SPECIFIC OBJECTIVE(S) OF THE IPA SECTOR SUPPORT
Improved and consisted implementation of the European Union standards and recommendations on
issues such as border control, combating organized and serious crime, financial crime, fraud of EU
funds, corruption, money laundering, judicial cooperation, mutual recognition of court judgments,
as well as enhancement of the infrastructure needed to meet Schengen criteria.
3.2
RESULTS
Measure 1: Prevention and repression of corruption
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New State Programme for Prevention and Repression of Corruption and Conflict of Interest
based on sectoral integrity vulnerability assessment and anti-corruption monitoring results
prepared;
Anti-corruption Report including quantitative assessment and qualitative analysis of corruption
trends and results developed;
Improved exchange of data between SCPC and the PRO, MoI, Cadastre, CR, CDS, ORC and
other relevant institutions in accordance with the Ministry of information society project for
interoperability of the state registers and databases;
Strengthened capacities for conducting sectoral integrity risk assessment, anti-corruption
investigations, prosecution, joint operations, intelligence gathering on anti-corruption and
sharing between relevant institutions;
Assessment of the length of investigation, prosecution and trials in anti-corruption cases carried
out, and recommendations and trainings for more efficient and speedier procedures provided;
Standard operative procedures (SOPs) for the detection, investigation and prosecution of
corruption-related offences, as well as for the effective cooperation between law enforcement
bodies, public prosecutors and other relevant bodies, developed;
Increased Awareness of public and private sector employees and citizens of the harm of
corruption for the development of the country enhanced, zero tolerance to corruption and
recourse to whistle-blowing;
Needs assessment conducted on the structure, the power and the practices of all relevant
institutions including the law enforcement agencies and the Agency for management of
confiscated property and property gains in criminal and misdemeanour procedures focusing on
non-legislative measures, lack of material and technical equipment and infrastructure for more
efficient functioning of the confiscation and the anti-corruption regime and recommendation
prepared and implemented;
Prepared Tender dossier for supply of the equipment on the basis of the needs assessment
recommendations provided;
Equipment supplied, installed and tested and relevant authorities trained to use it.
Measure 2; Further strengthening of the capacities for fight of organized and serious crime
-
Gap analysis of the legal, strategic and institutional framework, as well as the existing forms of
cooperation, information analysis and exchange between the law enforcement agencies and other
relevant authorities in the field of prevention and suppression of priority forms of organized and
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serious crime, including also drugs and human trafficking, other forms of cross-border crime,
child abuse and cyber crime, conducted and recommendation/legal amendments to address legal
and practical gaps prepared;
Standard Operating Procedures (SOPs) on investigation of all forms of organized and/or serious
crime developed,
Training curriculum for the law enforcement agencies, public prosecutors, judiciary and other
relevant authorities on the SOP’s, detection, investigation, prosecution and trial of priority forms
of organized and serious crime, including also drugs and human trafficking, other forms of crossborder crime, child abuse and cyber crime, prepared and training delivered;
On the job support and couching at central, regional and local level for the law enforcement
agencies and public prosecutors in further implementation of intelligence-led policing provided;
On the job support and couching at central, regional and local level in further implementation of
the risk analysis and management system in the area of border crimes provided;
On the job support and couching at central, regional and local level for conducting
investigations in the area of cyber crime and in application of investigative techniques for cyber
crime provided; Assessment and recommendations for further implementation of the new Law
on Criminal Procedure in practise in line with international and EU standards provided;
Needs assessment for supply of equipment and infrastructure for the relevant law enforcement
agencies, including public prosecutor offices for a more effective and efficient fight against
organized and serious crime carried out, and Tender Dossier for supply prepared;
Equipment/infrastructure supplied, installed, tested and relevant authorities trained to use it.
Measure 3; Strengthening of the capacities for fight against financial crime and frauds of EU
funds
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Assessment of , legislative, institutional framework and procedures for a more efficient fight
against financial crime and fraud involving EU funds prepared,
Enhanced cooperation between relevant institutions in fighting financial crime and frauds of EU
funds, intelligence gathering, sharing and conducting joint operations, System for preventing
and detecting irregularities in institutions involved in managing EU funds functional and
upgraded ensuring operational cooperation of AFCOS and its partners (OLAF, Public
Prosecutor Office, NAO, NF, CFCD, PRO, Customs Administration, SCPC, IPA Audit
Authority, State Audit office, Ministry of Finance)
Analytical and investigative techniques and tools for detectionand fight financial crime,
including money laundering, counterfeiting money, suspicious transactions, fraud of EU funds,
customs and tax offences, developed;
Training curriculum for the law enforcement agencies, public prosecutors, judiciary and other
relevant authorities on effective detection, investigation, prosecution and trial, in supervision and
assessing risks of financial crime developed and training conducted;
Developed unified statistical data gathering system in the field of financial crime,
Needs assessment for supply of equipment for the relevant law enforcement institutions,
including investigative centres, and supervisory institutions and Tender Dossier for supply
prepared;
Equipment supplied, installed and tested and relevant authorities trained to use it.
Measure 4; Strengthening the judicial cooperation in civil and criminal matters
- Gap analysis of the existing legal framework on judicial cooperation in criminal and civil
matters with respect to the level of alignment with EU and International standards prepared;
- Assessment of the institutional capacities of the judicial and state bodies working on mutual
legal assistance with recommendations for improved performance prepared;
- Analysis of existing platform for information sharing on national, regional and EU level
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with perspective for its development and improvement considering the need for felicitated
cooperation among the contact points of the established networks and platforms at regional
and international level prepared;
Assessment of the possibility and if justified establishment of regular contacts and
exchanges among the national training academies in EU and the region, with the aim of
harmonizing the training curricula and promoting joint exchanges of training in the area of
judicial cooperation prepared;
Specialized training of judges and prosecutors and civil servants on local, regional and EU
level delivered through various modes of training (seminars, workshops, study visits,
internship, continuous education courses, on the job training etc.) also including the
simplified procedure for extradition;
Mutual legal assistance request writing tool developed, installed, tested and relevant
authorities trained to use it.
Measure 5 - Establishment of home affairs data storage and backup system as a base for the
future Schengen information system
- Analysis (Feasibility study) of the IT infrastructure for establishment of home affairs data
storage and backup system reviewed and updated;
- Legal basis for the functioning of the established home affairs data storage and backup
system prepared;
- Tender dossier for works based on the Feasibility study prepared;
- Tender Dossier for supplies prepared;
- Premises constructed/refurbished and equipment supplied, installed, tested and relevant
authorities trained to use it;
- Relevant authorities trained to administer the system.
Measure 6 - Support to access to right on Protection of Personal data
 Support to access to right on Protection of Personal data
 Prepared analysis on the implementation of the Strategy for Personal Data Protection
in Republic of Macedonia 2012 – 2016 and number of measures implemented
according to the action plan;
 Gap analysis of the National System and legislation for Personal Data Protection
harmonized with the EU and international standards;
 Increased public awareness for the right on personal data protection;
 Implementated Communication strategy of the DPDP;
 Operational and institutional capacity of the Directorate for Personal Data Protection
to implement the law on data protection strengthened;
 Developed forms/tools for cooperation between the DPDP and the controllers and
the processors of personal data;
 Enhanced international cooperation of the DPDP;
 Strengthened cooperation between DPDP andthe Commission for protection of the
right of free access to public information, the Ombudsman, civil society community
and other relevant authorities;
ISO 27001 requirements for establishing, implementing, operating, monitoring, reviewing,
maintaining and improving a documented Information Security Management System implemented
in DPDP in line with its needs.
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3.3
MEASURES/OPERATIONS2 TO ACHIEVE RESULTS
Measure 1; Prevention and repression of corruption
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Assistance in the preparation and implementation of the new State Programme for Prevention
and Repression of Corruption and Conflict of Interest based on sectoral integrity vulnerability
assessment and anti-corruption monitoring results;
New State Programme for Prevention and Repression of Corruption and Conflict of Interest
based on sectoral integrity vulnerability assessment and anti-corruption monitoring results;
Anti-corruption Report including quantitative assessment and qualitative analysis of corruption
trends and results to be developed;
Implementation of the recommendations from the conducted Feasibility study for the
assessment of the existing data bases and the exact data sources for the check of asset
declarations, the possibilities for connection of databases and exchange of data between SCPC
and the PRO, MoI, Cadastre, CR, CDS, ORC and other relevant institutions approved and
adopted, in accordance with the Ministry of information society project for interoperability of
the state registers and databases;
Practical workshops and mentoring in conducting sectoral integrity risk assessment, anticorruption investigations, prosecution, joint operations, intelligence gathering on anti-corruption
and sharing between relevant institutions provided;
Assessment of the length of investigation, prosecution and trials in anti-corruption cases carried
out, and recommendations and trainings for more efficient and speedier procedures provided;
Standard operative procedures (SOPs) for the detection, investigation and prosecution of
corruption-related offences, as well as for the effective cooperation between law enforcement
bodies, public prosecutors and other relevant bodies prepared/upgraded; training curriculum for
relevant officials on these SOPs developed, trainings delivered, practical mentoring in
implementation of these SOPs provided.
Rising awareness activities for the public and private sector employees and citizens of the harm
of corruption for the development of the country enhanced, zero tolerance to corruption and
recourse to whistleblowing;
Needs assessment on the structure, the power and the practices of all relevant institutions
including the law enforcement agencies and the Agency for management of confiscated property
and property gains in criminal and misdemeanour procedures focusing on non-legislative
measures, lack of material and technical equipment and infrastructure for more efficient
functioning of the confiscation and the anti-corruption regime and preparation of
recommendation;
Preparation of full Tender dossier for supply of the equipment on the basis of the needs
assessment recommendations provided;
Supply of the equipment, installation, testing and training of the relevant authorities to use it.
Measure 2; Further strengthening of the capacities for fight of organized and serious crime
 Analysing the gaps of the legal strategic and institutional framework as well as the existing
forms of cooperation, information analysis and exchange between the law enforcement
2
As defined in Article 6(2) of the IPA Implementing Regulation No 718/2006. IPA Component I programmes are
subdivided into sectors (priorities), each of which define a global objective to attain and which shall be implemented
through measures, which may be subdivided into operations, or directly through operations. Operations shall
comprise a project or a group of projects (implemented by the Commission or the beneficiary country).
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agencies and other relevant authorities in the field of prevention and suppression of priority
forms of organized and serious crime, including also drugs and human trafficking, other
forms of cross-border crime, child abuse and cyber crime, and preparation of
recommendation/legal amendments to address legal and practical gaps;
Preparing/ Standard Operating Procedures (SOPs) on investigation on investigation of all
forms of organized and /or serious crime, as well as providing practical mentoring in
implementation of the abovementioned SOPs.
Preparing training curriculum for the law enforcement agencies, public prosecutors, judiciary
and other relevant authorities on the SOP, effective detection, investigation, prosecution and
trial of child abuse, cyber crime, cross-border crime and other priority forms of
organized/serious crime and delivering trainings.
Carrying out practical workshops,on the job support and couching at central and local level
for the law enforcement agencies and public prosecutors in further implementation of
intelligence-led policing in priority areas targeted by the project.
Providing practical assistance and couching at central and local level in further
implementation of the risk analysis and management system in the area of border crimes.
Providing practical assistance and couching at central and local level in implementation of
the methodology for conducting investigations in the area of cyber crime and in application
of investigative techniques for cyber crime, developing recommendations for further
improvement of the system, and assisting in their practical implementation.
Assessment of the implementation and recommendation for further practical implementation
of the new Law on Criminal Procedure in line with international and EU standards provided
Conducting needs assessment for supply equipment and infrastructure for the relevant law
enforcement agencies, including public prosecution offices, for a more effective and efficient
fight against organized and serious crime.
Preparing tender dossier for supply of equipment t and /infrastructure and training relevant
authorities how to use it
Testing the application of the new equipment/infrastructure in practice.
Measure 3: Strengthening of the national capacities for fight against financial crime and
frauds of EU funds
- Analysing the gaps in, legislative,institutional framework and procedure in the field of
prevention and fight against financial crime and fraud involving EU funds, providing
recommendations/legislative amendments to address the gaps, assisting in putting the reforms in
practice and testing their application on national level.
- Assessing the existing forms of cooperation and mechanisms of information exchange between
the relevant institutions on national, regional and local level, providing recommendations for
their enhancement;
- Strengthening operational cooperation of AFCOS and its partners (OLAF, Public Prosecutor
Office, Financial Police, CFCD ,NAO, NF , PRO, Customs Administration, SCPC, IPA Audit
Authority, State Audit office, Ministry of Finance , funds, providing recommendations/legal
amendments, putting in practice and testing new mechanisms;
- Setting up/upgrading the system for preventing and detecting irregularities in institutions
involved in managing EU projects/programmes.
- Development of analytical and investigative techniques and tools for detection and fight
financial crime, including money laundering, counterfeiting money, suspicious transactions,
fraud of EU funds, customs and tax offences; Preparing/upgrading training curriculum for the
law enforcement agencies, public prosecutors, judiciary and other relevant authorities on
effective detection, investigation, prosecution and trial in supervision and assessing risks of
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financial crime and delivering trainings;
Development of unified statistical data gathering system in the field of financial crime
Conducting needs assessment for supply of equipment at for the relevant law enforcement
agencies, including investigative centres, and , preparation of the tender dossier;
Supply, installation and training of the personnel on the usage of the equipment.
Measure 4 - Strengthening the judicial cooperation in civil and criminal matters
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Prepare gap analysis of the existing legal framework on judicial cooperation in criminal and
civil matters with respect to the level of alignment with EU and International standards and
recommendations prepared Assess the institutional capacities of the judicial and state bodies
working on mutual legal assistance with recommendations for improved performance
prepared;
Analysis of existing platform for information sharing on national, regional and EU level
with perspective for its development and improvement considering the need for felicitated
cooperation among the contact points of the established networks and platforms at regional
and international level;
Assessment of the possibility for establishment of regular contacts and exchanges among the
national training academies in EU and the region, with the aim of harmonizing the training
curricula and promoting joint exchanges of training in the area of judicial cooperation;
Specialized training of judges and prosecutors on local, regional and EU level facilitating
communication and transfer of knowledge among counterparts with emphasis to the
simplified procedure for extradition;
Mutual legal assistance request writing tool developed, installed, tested and relevant
authorities trained to use it.
Measure 5: Establishment of home affairs data storage and backup system as a base for the
future Schengen information system
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Analysing and upgrading of the Feasibility study (Feasibility study) of the IT infrastructure
for establishment of home affairs data storage and backup system reviewed and updated the
situation regarding the existing IT infrastructure for the storage and backup of home affairs
data, including assessment of risks;
Preparing the recommendations/legal amendments for the upgrading of the existing home
affairs dta storage and backup system prepared;
Preparing the tender dossier for works and supplies;
Supplying and installing of the equipment;
Construction/refurbishment of the premises;,
Delivering trainings for the usage and administration of the system.
Measure 6: Support to access to right on Protection of Personal data
 Preparation of analysis on the implementation of the Strategy for Personal Data
Protection in Republic of Macedonia 2012 – 2016 and number of measures
implemented according to the action plan;
 Preparation of recommendations, legal amendments, and mechanisms for alignment
of the National System and legislation for Personal Data Protection harmonized with
the EU and international standards;
 Public awareness activities for the right on personal data protection including
organizing international events;
 Practical Advise and implementation of tools for increased cooperation with
controllers and processors;
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 Upgrade of the software and unification of the procedure for inspection supervision;
 Drafting and adopting new relevant Guidelines, Manuals, check lists ( for example:
Guidelines for unification of the implementation of the personal data protection
legislation, guideline for data protection officers, Manuals for protection of the rights
of the citizens for access to their personal data which rises from the Law on
personal data protection.)
 Development of On line inspection;
 Improving and promoting the Register for personal data protection;
 Creation of the sustainable system for continuous basic, medium and advance
education of the pupils about the principles of the PDP;
 Preparing Analyses and creation of the measures for strengthening of the cooperation
with other state authorities and civil sector;
 Implement/undertake all actions, including supply, for the implementations of
ISO27001 certification process other measures from the strategy and action plan will
be implemented which will be identified during the ToR drafting.
3.4
OVERVIEW
OF PAST OR ONGOING ASSISTANCE, LESSONS LEARNED, MECHANISMS FOR
DONOR COORDINATION/SECTOR WORKING GROUP AND/OR POLICY DIALOGUE
The largest portion of assistance available to this sector is provided by the European Union, which
implemented programmes in the following fields: legislative reforms in integrated border
management, immigration and asylum, fight against crime and corruption, upgrading the country's
border posts, providing support to institutions,.
In addition to the EU assistance, the reform of the judicial system, is supported by other foreign
donations (World Bank, IFC, USAID, OSCE, the Netherlands, Norway, USAID, etc.) and must be
based on the principles of the Paris Declaration from 2005, in order to achieve continuous and
substantial progress in the implementation of the specific priorities and activities through the
efficient use of the resources
Considering the presence of many donors in the sector, the Government has made efforts through
the Programme Based Approach (PBA) - ,,Justice and home affairs’’ group to ensure efficient
donor coordination in order to avoid possible overlapping and alignment with the national priorities,
which can be further enhanced and supported. Moreover, a High Level Working Group, chaired by
the Deputy Prime Minister for EU Affairs and National Aid Coordinator, with representatives from
the Government (SEA, Ministry of Finance), the UNDP/SEA Project “Capacity building for Aid
Coordination” and the donor community (EU, Austria, Switzerland, Sweden, USA, World Bank
and UN) gives directions and monitors the work of the programme working groups.
3.5
SUSTAINABILITY
The sector fiche will contribute in strengthening the capacities of relevant and involved ministries
in the fight against organized crime,( drugs trafficking, sexual exploitation of children and child
abuse, human trafficking, illegal migration and cross border crime, cyber crime etc), strengthening
the capacities of Integrated border management/ Establishment of base (Business Continuity and
Disaster recovery) for the future Schengen information system and further implementation of the
principles for protection of the personal data..
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ASSUMPTIONS AND PRECONDITIONS3
3.6
Risks
- Delayed inception: Additional problems can appear when projects are characterised by a
long take-off. Often preliminary analysis are not conducted in order to check whether
circumstances have changed since design phase, which, in turn, could call for an adjustment
of the project fiche prior to embarking into the implementation phase;
- Better linkages between projects belonging to the same sector should be ensured (at both
design and implementation levels). External coordination with other international donors has
to be also ensured;
- Communication between project management, contractor and beneficiaries: is sometimes
unsatisfactory and results in partners not having a clear understanding of the
objectives/content of the project as well as the nature/level of the commitment expected
from them;
- Absorption capacity is often over-estimated; partners are often unable or unwilling to
provide the necessary human resources. The availability and permanence of adequate human
resources is an issue that should be addressed up-front before implementation of some
project’s components.
Assumptions:
- Continued support from the EU ensured;
- Commitment of the Government to the EU integration process;
- Commitment of the included beneficiaries;
- There is strong political will and commitment among the stake holders for this project;
- Full commitment of the involved authorities;
- Experts recruited will be of sufficient quality;
- Effective monitoring of project implementation;
- Timely availability of adequate resources;
- Staff available for training.
Preconditions:
4
-
The trainings under the individual activities will be carried out in the national training
premises (for ex. EU/IPA Training and Support Facility) Academy for training of judges
and public prosecutors and the Police Academy;
-
In areas where there is evident expertise with the final beneficiary, the trainings will
delivered by the civil servants, as part of their job description, without any compensation
and/or with the assistance of key/short term experts;
IMPLEMENTATION ISSUES
In the light of the measures/operations indicated in section 3.4, provide information on the
management mode(s) and any delegated partners.
3
Assumptions are external factors that have the potential to influence (or even determine) the success of a project but
lie outside the control of the implementation managers. Such factors are sometimes referred to as risks or
assumptions but the Commission requires that all risks shall be expressed as assumptions. Pre-conditions are
requirements that must be met before the sector support can start.
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23
4.1
INDICATIVE BUDGET
Indicative budget (amounts in EUR) (for decentralised management)
SOURCES OF FUNDING
SECTOR TITLE
IB
(1)
INV
(1)
TOTAL
EXPENDIT
URE
TOTAL
PUBLIC
EXPENDIT
URE
EUR
EUR
EUR
(a)=(b)+(e)
(b)=(c)+(d)
(c)
IPA
CONTRIBUTION
%
(2)
PRIVA
CONTRIB
ON
NATIONAL PUBLIC CONTRIBUTION
Total
EUR
%
(2)
(d)=(x)+(y)+(z)
Central
Regional/Local
IFIs
EUR
EUR
EUR
EUR
(e)
(x)
(y)
(z)
Measure
1 and 2
X
1.200.000
1.200.000
1.080.000
90
120.000
10
120.000
3.500.000
3.500.000
2.625.000
75
875.000
25
875.000
Service
contract
Measure
1, 2 and 3
X
Supply
contract
24
24
Measure
3
X
600.000
600.000
570.000
95
30.000
5
30.000
X
250.000
250.000
237.500
95
12.500
5
12.500
X
250.000
250.000
225.000
90
25.000
10
25.000
3.000.000
3.000.000
2.250.000
75
750.000
25
750.000
200.000
200.000
200.000
100
Twining
contract
Measure
4
Twining
light
contract
Measure
5
Service
contract
Measure
5
X
Supply/w
orks
contract
Measure
5
X
Framewor
k contract
25
25
Measure
6
X
900.000
900.000
810.000
90
90.000
10
90.000
250.000
250.000
187.500
75
62.500
25
62.500
TOTAL IB
3.400.000
3.400.000
3.122.500
91,8
277.500
8,2
277.500
TOTAL INV
6.750.000
6.750.000
5.062.500
75
1.687.500
25
1.687.500
TOTAL SECTOR
SUPPORT
10.150.000
10.150.000
8.185.000
80,6
1.965.000
19,4
1.965.000
Service
contract
Measure
6
X
Supply
contract
NOTE: DO NOT MIX IB AND INV IN THE SAME OPERATION ROW. USE SEPARATE ROWS
Amounts net of VAT
(1) In the Operation row, use "X" to identify whether IB or INV
(2) Expressed in % of the Public Expenditure (column (b))
(3) Expressed in % of the Total Expenditure (column (a))
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26
4.2
INDICATIVE IMPLEMENTATION SCHEDULE (PERIODS BROKEN DOWN PER QUARTER)
Dates indicated in the schedule cannot go beyond the contracting and execution deadlines in
the financing proposal
Operations
Start of
Tendering/
Call(s) for
proposals
Signature of
contract(s)
Activity
Completion
Operation 1.1
Operation 1.2
……….
Operation 2.1
……
All operations should in principle be ready for tendering in the 1ST Quarter following the
signature of the FA.
Describe by whom and how the procurement/grant award dossiers (technical specifications,
terms of reference, guidelines for applicants, etc.) will be prepared, whether external
preparatory studies or expertise is needed and what is the status of recruiting such external
experts and plan for preparations of the procurement/grant award dossiers so that the
tenders can be launched as soon as the FA is concluded.
If necessary, explain the sequencing of the activities/contracts within and between
operations.
4.3
CROSS CUTTING ISSUES
4.3.1 Equal Opportunities and non discrimination
The project implementation will ensure the observance of the principles of equal opportunities
and non-discrimination. Equal gender opportunities will be fully respected in the composition
of the Steering Committee and where necessary. In addition to this, the internal policies,
structure or operating procedures of the beneficiaries, as well as products and outputs
produced by the beneficiaries (e.g. laws, regulations, policies, and strategies) will conform to
the relevant principles of equal opportunities and non-discrimination.
4.3.2 Environment and climate change
The European Community has a longstanding commitment to address environmental concerns
in its assistance programmes. The support to the institutions will include a specific component
to assist the beneficiary to implement an ‘internal environment assessment’ to identify areas
where it could improve its internal performance vis-à-vis environmental aspects. The training
activities will include a specific component to train beneficiary staff in the different aspects of
mainstreaming environment in programme and project development as well as monitoring the
implementation. Key references include art. 6 of the Treaty and the Cardiff process which
27
27
foresees the systematic consideration of environmental aspects into EC development
cooperation and in other policies (hence very important for the Acquis). The support will
include activities for the beneficiary to improve its internal performance vis-à-vis
environmental aspects.
4.3.3 Minorities and vulnerable groups
Where the main reference in the country in relation to minority groups is the Ohrid
Framework Agreement, in an EU context, reference is made to the “Race directive” of 2000
(200/43/EC of 29 June), which has an important impact on employment (incl. vocational
training, working conditions, social protection etc.) and is also a crucial aspect of the acquis.
The beneficiary will be assisted to improve its internal performance vis-à-vis minorities or
other vulnerable groups.
4.3.4 Civil Society/Stakeholders involvement
With the implementation of this Project the cooperation and communication with the civil
society will be enhanced. The project will support the reform and the strengthening of the
capacities in MoJ and MoI in the EU accession process and enforcement of CoE human rights
instruments, which leads to increasing the efficiency of the justice sector and contributes
towards strengthening the public awareness and perception of the judicial system and elevated
confidence in the institutions of justice. With implementation of the project activities, the
personal data protection will became one of the areas for the involvement of the civil sector.
4.4
[SECTOR MONITORING, EVALUATION AND AUDIT] (only decentralised management)
Describe sector monitoring plans and arrangements for evaluation and audit.
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28
ANNEXES
Documents to be annexed to the Sector fiche
1. Log frame
2. Description of Institutional Framework
(Including composition of the relevant sector Steering Committee, Sector Monitoring
Sub-Committees, and sectoral working group)
3. Political, legal and institutional framework:
Reference to sector strategies and national / sector investment plans
4. Details per EU funded operation(*) where applicable:
For TA contracts: outputs expected from the contractor and indicative budget
breakdown.
For twinning contracts: main components and activities foreseen, indicative budget
breakdown, profile of the MS project leader, resident twinning advisor and key short
term experts as well as name and position of the project leader of the BC.
For grants schemes: components of the scheme, eligible target group and activities (in
case of direct grants, justification for selection of grant beneficiary without call for
proposals).
For supply contracts: reference to feasibility study as well as indicative list of items,
cost estimate, intended beneficiary, indication on how detailed technical specifications
will be prepared, provisions for maintenance + section to be filled in on assets'
ownership (**).
For works contracts: reference to feasibility study for the construction works,
identification of the site, indicative list of works to be completed and cost estimate,
indication on how technical specifications will be prepared, provisions for
maintenance and information on assets' ownership (**); account of services to be
carried out for the service part of the contract.
Please note that feasibility study is a pre-requisite when works and supply contracts
are proposed.
For each project, describe format and co-financing plan.
(*)
Non standard aspects (in case of derogation to PRAG) also to be specified.
(**)
Assets' ownership, maintenance plans (applicable to all supply and works
contracts):

Ownership of assets (current and after project completion)

Maintenance plans

Describe any co-financing arrangement how this will be implemented
and by when
5. Possible visibility activities
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29
ANNEX 1: Logical framework matrix for sector support in standard format
LOG FRAME PLANNING MATRIX FOR Sector Fiche
Sector support
number
name
Contracting period expires
and
Execution period expires
Total
budget
IPA
budget:
National sector or sub sector objective
7.000.000 EUR
Objectively verifiable indicators (OVI) Sources of verification
What is the percentage
proportion
or
expected
quantitative or qualitative
contribution of the sector
support funded by IPA to this
OVI?
Objectively verifiable indicators (OVI) Sources of Verification
Assumptions
The global objective of this sector plan is the
consolidation of the rule of law in the country
through improved and consisted implementation
of the European Union standards and
recommendations in the area of freedom,
security and justice.
Sector support objective within the MIPD
sector
30
30
Results of the sector support
Objectively verifiable indicators (OVI) Sources of Verification
Measure 1: Prevention and repression of Measure 1
Measure 1
corruption
- New State Programme for Prevention and 1. New State Programme for Prevention
- New State Programme
Repression of Corruption and Conflict of and Repression of Corruption and
for Prevention and
Interest based on sectoral integrity Conflict of Interest based on sectoral
Repression
of
vulnerability assessment and anti-corruption integrity vulnerability assessment and
Corruption and Conflict
monitoring results prepared;
anti-corruption
monitoring
results
of Interest adopted by
- Anti-corruption
Report
including adopted;
the SCPC,
quantitative assessment and qualitative 2. Anti-corruption Report developed,
- The
anti-corruption
analysis of corruption trends and results 3. Number of cases with joint actions on
Report,
developed;
the basis of exchanging data and
- Improved exchange of data between SCPC information sharing,
- SCPC Annual Report,
and the PRO, MoI, Cadastre, CR, CDS, 4. Needs Assessment Report with
ORC and other relevant institutions in recommendations for more efficient and
- PPO Annual Report,
accordance with the Ministry of information speedier procedures provided,
society project for interoperability of the 5. Standard operative procedures (SOPs) Timetables for staff training,
state registers and databases;
developed and Number of trained persons
- Survey report,
- Strengthened capacities for conducting on the SOP’s,
sectoral integrity risk assessment, anti- 6. Number of cases on corruption,
- Provisional acceptance
corruption investigations, prosecution, joint 7. % of raised awareness at the end of the
signed,
operations, intelligence gathering on anti- project activities,
corruption and sharing between relevant 8. Tender dossier including all the
institutions;
annexes prepared in the determined
- Assessment of the length of investigation, deadline
and
approved
by
the
prosecution and trials in anti-corruption cases SPO/CFCD,
Assumptions
-
Professional and political
commitment;
National
budget
resources available;
Presence of qualified
personnel;
Sufficient financing of
the activities from the
state budget.
31
31
-
-
-
-
-
carried out, and recommendations and 9. Supply procured, installed and tested in
trainings for more efficient and speedier all relevant institutions subject of the
procedures provided;
Tender,
Standard operative procedures (SOPs) for the 10. Number of training and trained staff.
detection, investigation and prosecution of
corruption-related offences, as well as for the
effective
cooperation
between
law
enforcement bodies, public prosecutors and
other relevant bodies, developed;
Increased Awareness of public and private
sector employees and citizens of the harm of
corruption for the development of the country
enhanced, zero tolerance to corruption and
recourse to whistle-blowing;
Needs assessment conducted on the structure,
the power and the practices of all relevant
institutions including the law enforcement
agencies and the Agency for management of
confiscated property and property gains in
criminal and misdemeanour procedures
focusing on non-legislative measures, lack of
material and technical equipment and
infrastructure for more efficient functioning
of the confiscation and the anti-corruption
regime and recommendation prepared and
implemented;
Prepared Tender dossier for supply of the
equipment on the basis of the needs
assessment recommendations provided;
Equipment supplied, installed and tested and
32
32
relevant authorities trained to use it.
Measure 2
Measure 2
Further strengthening of the capacities for
1. Submitted and reviewed Gap Analysis
fight of organized and serious crime
of strategic, legal documents and the
existing forms of cooperation in the field
Gap analysis of the legal, strategic and
of prevention and suppression of priority
institutional framework, as well as the existing
forms of organized and serious crime,
forms of cooperation, information analysis and
including drugs and human trafficking,
exchange between the law enforcement agencies
other forms of cross- border crime, child
and other relevant authorities in the field of
abuse and cyber crime and their
prevention and suppression of priority forms of
implementation conducted
organized and serious crime, including also drugs
recommendations/legal amendments
and human trafficking, other forms of crossadopted to address legal and practical
border crime, child abuse and cyber crime,
gaps and to ensure more consistent and conducted
and
recommendation/legal
coherent policies provided.
amendments to address legal and practical gaps
prepared;
2.
Adopted
Standard
Operating
Standard Operating Procedures (SOPs) Procedures (SOPs) on investigation of
on investigation of all forms of organized and/or all forms of organized and/or serious
serious crime developed,
crime and adopted training curriculum
Training curriculum for the law for relevant law enforcement officials on
enforcement agencies, public prosecutors, these SOPs developed, number of
judiciary and other relevant authorities on the trainings delivered .
SOP’s, detection, investigation, prosecution and
trial of priority forms of organized and serious 3.Adopted Training curriculum for the
crime, including also drugs and human law enforcement agencies, public
trafficking, other forms of cross-border crime, prosecutor and other relevant authorities
Measure 2
The
reports
from - There is a strong
Contractor and the reports from commitment between the
employee from the Organized
Monitoring officer,
crime department
Official reports from
competent services from the - National budget resources
available
MoI/,PPO,
Reports from Legal -Legal documents /
amendments are adopted and
department of MOI and PPO
enacted
Timetables for staff
- The purchased equipment is
training
working properly
Annual
report
of
MOI/PPO
-
SCPC Report,
-
Provisional acceptance ,
33
33
child abuse and cyber crime, prepared and on the SOP, effective detection,
training delivered;
investigation, prosecution and trial of
On the job support and couching at child abuse, cyber crime, cross-border
central, regional and local level for the law crime and other priority forms of
enforcement agencies and public prosecutors in organized/serious crime and number of
further implementation of intelligence-led trainings delivered
policing provided;
On the job support and couching at 4. 10% reduction of number of
central, regional and local level in further committed criminal acts and 10%
implementation of the risk analysis and increment in the detection of reported
management system in the area of border crimes criminal acts as a result of the
implementation
of
intelligence-led
provided;
policing
On the job support and couching at
central, regional and local level for conducting
5. 15% increased number of successful
investigations in the area of cyber crime and in solved cases in the investigations in the
application of investigative techniques for cyber area of cross-border crime
crime
provided;
Assessment
and
recommendations for further implementation of 6. 10% increased number of successful
the new Law on Criminal Procedure in practise solved cases in the investigations in the
in line with international and EU standards area of cyber crime
provided;
7. Submitted and reviewed assessment
Needs assessment for supply of
and recommendations for further
equipment and infrastructure for the relevant law
implementation of the new Law on
enforcement
agencies,
including
public
Criminal Procedure
prosecutor offices for a more effective and
efficient fight against organized and serious 8. Adopted assessment report on the
crime carried out, and Tender Dossier for supply equipment and infrastructure for the
relevant law enforcement agencies and
prepared.
Equipment/infrastructure
supplied, the PPO,
installed, tested and relevant authorities trained
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34
to use it;
10. Adopted technical specification for
supply and new technical
equipment/infrastructure is in place
supplied, equipment is purchased,
installed and number of employees
trained to use it,
Measure 3
Strengthening of the capacities for fight
against financial crime and frauds of EU
Measure 3
funds
-
-
Assessment of , legislative, institutional
framework and procedures for a more 1. Assessment Report is adopted,
efficient fight against financial crime and Increased Number of joint operations
fraud involving EU funds prepared,
from multiple institutions in the
Enhanced cooperation between relevant detection of financial crime by sharing
institutions in fighting financial crime and the national database and increase the
frauds of EU funds, intelligence gathering, number of signed Memoranda of
sharing and conducting joint operations, Understanding between the institutions,
System for preventing and detecting
irregularities in institutions involved in 2. Number of irregularities reported and
managing EU funds functional and upgraded number of criminal charges from
ensuring operational cooperation of AFCOS AFCOS to public prosecutors and the
and its partners (OLAF, Public Prosecutor common occurrence of AFCOS with
Office, NAO, NF, CFCD, PRO, Customs other institutions in the detection of
Administration,
SCPC,
IPA
Audit financial irregularities in the use of EU
Authority, State Audit office, Ministry of
Measure 3
-
Assessment
Report
adopted by the Head of
institution,
-
Annual Reports of the
FPO,
-
Number of MoU signed,
-
Annual
Irregularity
Report adopted,
-
Provisional
signed,
-
Training
acceptance
timetable
35
35
Finance)
funds,
Analytical and investigative techniques and
of cases where new
tools for detection and fight financial crime, 4. Number
including money laundering, counterfeiting tool/techniques are applied,
money, suspicious transactions, fraud,
5. Number of trained personal,
customs and tax offences, developed;
- Training curriculum for the law enforcement
agencies, public prosecutors, judiciary and 6. Equipment delivered, installed, tested
other relevant authorities on effective and Number of persons trained to use it.,
detection, investigation, prosecution and trial,
in supervision and assessing risks of financial
crime developed and training conducted;
- Developed unified statistical data gathering
system in the field of financial crime,
- Needs assessment for supply of equipment
for the relevant law enforcement institutions,
including
investigative
centres,
and
supervisory institutions and Tender Dossier
for supply prepared;
Equipment supplied, installed and tested and
relevant authorities trained to use it.
sheets,
-
Measure 4
Strengthening the judicial cooperation in civil
and criminal matters
- Gap analysis of the existing legal
framework on judicial cooperation in
Measure 4
criminal and civil matters with respect to
the level of alignment with EU and
Measure 4
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36
-
-
-
-
International standards prepared;
Assessment of the institutional capacities
of the judicial and state bodies working
on mutual legal assistance with
recommendations
for
improved
performance prepared;
Analysis of existing platform for
information sharing on national, regional
and EU level with perspective for its
development
and
improvement
considering the need for felicitated
cooperation among the contact points of
the established networks and platforms
at regional and international level
prepared;
Assessment of the possibility and if
justified establishment of regular
contacts and exchanges among the
national training academies in EU and
the region, with the aim of harmonizing
the training curricula and promoting
joint exchanges of training in the area of
judicial cooperation prepared;
Specialized training of judges and
prosecutors and civil servants on local,
regional and EU level delivered through
various modes of training (seminars,
workshops, study visits, internship,
continuous education courses, on the job
training etc.) also including the
1.Detailed
Gap
Analysis
and
Recommendation report prepared for the
existing legal framework on judicial
cooperation in criminal and civil matters
with respect to the level of alignment
with EU and International standards
prepared;
2.Recommendations
prepared
for
capacity building of the judicial and state
bodies in the implementation of the
mutual legal assistance framework
3.Number of regional and international
working events organized for analysis of
the existing platform for information
sharing in order to felicitate cooperation
among the contact points of the
established networks and platforms at
regional and international level
4.Training
curricula
on
judicial
cooperation harmonized and number of
exchange training events conducted in
the area of judicial cooperation
5.Number of specialized training events
organized on local, regional and EU
level
6.MLA software developed,
-
Recommendations
Report,
Minutes and Conclusions,
Evaluation forms and
training timetable sheets,
Provisional
acceptance
signed.
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37
simplified procedure for extradition;
Mutual legal assistance request writing tool
developed, installed, tested and relevant
authorities trained to use it.
Measure 5
Establishment of home affairs data storage
and backup system as a base for the future
Schengen information system
-
-
-
-
Analysis (Feasibility study) of the IT
infrastructure for establishment of home
affairs data storage and backup system
reviewed and updated;
Legal basis for the functioning of the
established home affairs data storage and
backup system prepared;
Tender dossier for works based on the
Feasibility study prepared;
Tender Dossier for supplies prepared;
Premises constructed/refurbished and
equipment supplied, installed, tested and
relevant authorities trained to use it;
Relevant
authorities
trained
to
administer the system.
Measure 5
Measure 5
1. Adopted analyses of the existing IT
infrastructure for the home affairs data
storage and backup system by the Head
of IT and Telecommunication
Department,
2. Recommendations prepared for the
establishment of the legal base for the
functioning of the established home
affairs data storage and backup system
and approved by the Minister of Interior,
3. TD for works approved by the Head of
IT and Telecommunication Department,
TD for supply approved by the Head of
IT and Telecommunication Department,
Regular Report of the
IT and Telecommunication
Department,
Report from the MOI,
Departments on legal affairs
and Human Resources,
Provisional acceptance
of the premises is signed,
Provisional acceptance
for the equipment is signed;
Timetables
planning
for
staff
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38
Measure 6
-
-
-
4. Premises are constructed/refurbished,
5. The equipment is purchased, delivered
Support to access to right on Protection and installed,
of Personal data
6. Number of trained staff
Prepared analysis on the implementation
of the Strategy for Personal Data
Protection in Republic of Macedonia Measure 6
2012 – 2016 and number of measures 1. Analysis prepared and adopted and N.
implemented according to the action of measures implemented,
plan;
2. Recommendations report prepared and
Gap analysis of the National System and legal amendments prepared,
legislation for Personal Data Protection
harmonized with
the EU and 3. N. of measures implemented,
international standards;
4. N. of awareness rising events
Increased public awareness for the right organized,
on personal data protection;
5. New procedures implemented and
Implemented Communication strategy of training conducted,
the DPDP;
Measure 6
-
Analysis Report
Legislation with Legal
amendments,
-
DPDP Report,
-
Minutes of the events,
Rulebooks
procedures and
forms,
with
Evaluation
-
DPDP Reports,
-
ISO 27001 Certificates.
6. New tools/forms functional,
-
Operational and institutional capacity of 7. Participation in International events
the Directorate for Personal Data and meetings,
Protection to implement the law on data
8. ISO 27001 certificate obtained.
protection strengthened;
-
Developed forms/tools for cooperation
between the DPDP and the controllers
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39
and the processors of personal data;
-
Enhanced international cooperation of
the DPDP;
-
Strengthened
cooperation
between
DPDP and the Commission for
protection of the right of free access to
public information, the Ombudsman,
civil society community and other
relevant authorities;
-
ISO
27001
requirements
for
establishing, implementing, operating,
monitoring, reviewing, maintaining and
improving a documented Information
Security
Management
System
implemented in DPDP in line with its
needs.
40
40
Measures to achieve results
Means / operations
Costs
Assumptions
Measure 1: Prevention and repression of
corruption
- Assistance in the preparation and
implementation of the new State Programme
for Prevention and Repression of Corruption
and Conflict of Interest based on sectoral
integrity vulnerability assessment and anticorruption monitoring results;
- New State Programme for Prevention and
Repression of Corruption and Conflict of
Interest based on sectoral integrity
vulnerability assessment and anti-corruption
monitoring results;
- Anti-corruption
Report
including
quantitative assessment and qualitative
analysis of corruption trends and results to
be developed;
- Implementation of the recommendations
from the conducted Feasibility study for the
assessment of the existing data bases and the
exact data sources for the check of asset
declarations, the possibilities for connection
of databases and exchange of data between
SCPC and the PRO, MoI, Cadastre, CR,
CDS, ORC and other relevant institutions
approved and adopted, in accordance with
the Ministry of information society project
for interoperability of the state registers and
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41
-
-
-
-
-
databases;
Practical workshops and mentoring in
conducting sectoral integrity risk assessment,
anti-corruption investigations, prosecution,
joint operations, intelligence gathering on
anti-corruption and sharing between relevant
institutions provided;
Assessment of the length of investigation,
prosecution and trials in anti-corruption cases
carried out, and recommendations and
trainings for more efficient and speedier
procedures provided;
Standard operative procedures (SOPs) for the
detection, investigation and prosecution of
corruption-related offences, as well as for the
effective
cooperation
between
law
enforcement bodies, public prosecutors and
other relevant bodies prepared/upgraded;
training curriculum for relevant officials on
these SOPs developed, trainings delivered,
practical mentoring in implementation of
these SOPs provided.
Rising awareness activities for the public and
private sector employees and citizens of the
harm of corruption for the development of
the country enhanced, zero tolerance to
corruption and recourse to whistle-blowing;
Needs assessment on the structure, the power
and the practices of all relevant institutions
including the law enforcement agencies and
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-
-
the Agency for management of confiscated
property and property gains in criminal and
misdemeanour procedures focusing on nonlegislative measures, lack of material and
technical equipment and infrastructure for
more efficient functioning of the confiscation
and the anti-corruption regime and
preparation of recommendation;
Preparation of full Tender dossier for supply
of the equipment on the basis of the needs
assessment recommendations provided;
Supply of the equipment, installation, testing
and training of the relevant authorities to use
it.
Measure 2
- Further strengthening of the capacities
for fight of organized and serious crime
Analysing the gaps of the legal strategic and
institutional framework as well as the
existing forms of cooperation, information
analysis and exchange between the law
enforcement agencies and other relevant
authorities in the field of prevention and
suppression of priority forms of organized
and serious crime, including also drugs and
human trafficking, other forms of crossborder crime, child abuse and cyber crime,
and recommendation/legal amendments to
address legal and practical gaps prepared;
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43
-
-
-
-
-
Preparing/ Standard Operating Procedures
(SOPs) on investigation on investigation of
all forms of organized and /or serious crime,
as well as providing practical mentoring in
implementation of the abovementioned
SOPs.
Preparing training curriculum for the law
enforcement agencies, public prosecutors,
judiciary and other relevant authorities on the
SOP, effective detection, investigation,
prosecution and trial of child abuse, cyber
crime, cross-border crime and other priority
forms of organized/serious crime
and
delivering trainings.
Carrying out practical workshops,on the job
support and couching at central and local
level for the law enforcement agencies and
public prosecutors in further implementation
of intelligence-led policing in priority areas
targeted by the project.
Providing practical assistance and couching
at central and local level in further
implementation of the risk analysis and
management system in the area of border
crimes.
Providing practical assistance and couching
at central and local level in implementation
of the methodology for conducting
investigations in the area of cyber crime and
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-
-
-
-
in application of investigative techniques for
cyber crime, developing recommendations
for further improvement of the system, and
assisting in their practical implementation.
Assessment of the implementation and
recommendation for further practical
implementation of the new Law on Criminal
Procedure in line with international and EU
standards provided
Conducting needs assessment for supply
equipment and infrastructure for the relevant
law enforcement agencies, including public
prosecution offices, for a more effective and
efficient fight against organized and serious
crime.
Preparing tender dossier for supply of
equipment t and /infrastructure and training
relevant authorities how to use it
Testing the application of the new
equipment/infrastructure in practice.
Measure 3
Strengthening of the national capacities for
fight against financial crime and frauds of
EU funds
- Analysing the gaps in, legislative,
institutional framework and procedure in the
field of prevention and fight against
financial crime and fraud involving EU
funds,
providing
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-
-
-
-
recommendations/legislative amendments to
address the gaps, assisting in putting the
reforms in practice and testing their
application on national level.
Assessing the existing forms of cooperation
and mechanisms of information exchange
between the relevant institutions on national,
regional and local level, providing
recommendations for their enhancement;
Strengthening operational cooperation of
AFCOS and its partners (OLAF, Public
Prosecutor Office, Financial Police, CFCD
,NAO, NF , PRO, Customs Administration,
SCPC, IPA Audit Authority, State Audit
office, Ministry of Finance ,
funds,
providing
recommendations/legal
amendments, putting in practice and testing
new mechanisms;
Setting up/upgrading the system for
preventing and detecting irregularities in
institutions involved in managing EU
projects/programmes.
Development of analytical and investigative
techniques and tools for detection and fight
financial
crime,
including
money
laundering,
counterfeiting
money,
suspicious transactions, fraud of EU funds,
customs
and
tax
offences;
Preparing/upgrading training curriculum for
the law enforcement agencies, public
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-
-
-
prosecutors, judiciary and other relevant
authorities
on
effective
detection,
investigation, prosecution and trial in
supervision and assessing risks of financial
crime and delivering trainings;
Development of unified statistical data
gathering system in the field of financial
crime
Conducting needs assessment for supply of
equipment at for the relevant law
enforcement
agencies,
including
investigative centres, and , preparation of
the tender dossier;
Supply, installation and training of the
personnel on the usage of the equipment.
Measure 4
Strengthening the judicial cooperation in civil
and criminal matters
Prepare gap analysis of the existing
legal framework on judicial cooperation
in criminal and civil matters with respect
to the level of alignment with EU and
International
standards
and
recommendations prepared Assess the
institutional capacities of the judicial and
state bodies working on mutual legal
assistance with recommendations for
improved performance prepared;
- Analysis of existing platform for
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47
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-
-
information sharing on national, regional
and EU level with perspective for its
development
and
improvement
considering the need for felicitated
cooperation among the contact points of
the established networks and platforms
at regional and international level;
Assessment of the possibility for
establishment of regular contacts and
exchanges among the national training
academies in EU and the region, with the
aim of harmonizing the training curricula
and promoting joint exchanges of
training in the area of judicial
cooperation;
Specialized training of judges and
prosecutors on local, regional and EU
level facilitating communication and
transfer
of
knowledge
among
counterparts with emphasis to the
simplified procedure for extradition;
Mutual legal assistance request writing
tool developed, installed, tested and
relevant authorities trained to use it.
Measure 5
Establishment of home affairs data storage
and backup system as a base for the future
Schengen information system
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-
-
-
Analysing and upgrading of the
Feasibility study (Feasibility study) of
the IT infrastructure for establishment of
home affairs data storage and backup
system reviewed and updated the
situation regarding the existing IT
infrastructure for the storage and backup
of home affairs data, including
assessment of risks;
Preparing the recommendations/legal
amendments for the upgrading of the
existing home affairs data storage and
backup system prepared;
Preparing the tender dossier for works
and supplies;
Supplying and installing of the
equipment;
Construction/refurbishment
of
the
premises;,
Delivering trainings for the usage and
administration of the system.
Measure 6
-
Support to access to right on Protection
of Personal data
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49
-
Preparation of analysis on the
implementation of the Strategy for
Personal Data Protection in Republic of
Macedonia 2012 – 2016 and number of
measures implemented according to the
action plan;
-
Preparation of recommendations, legal
amendments, and mechanisms for
alignment of the National System and
legislation for Personal Data Protection
harmonized with
the EU and
international standards;
-
Public awareness activities for the right
on personal data protection including
organizing international events;
-
Practical Advise and implementation of
tools for increased cooperation with
controllers and processors;
-
Upgrade of the software and unification
of the procedure for inspection
supervision;
-
Drafting and adopting new relevant
Guidelines, Manuals, check lists ( for
example: Guidelines for unification of
the implementation of the personal data
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50
protection legislation, guideline for data
protection
officers,
Manuals
for
protection of the rights of the citizens
for access to their personal data which
rises from the Law on personal data
protection.)
-
Development of On line inspection;
-
Improving and promoting the Register
for personal data protection;
-
Creation of the sustainable system for
continuous basic, medium and advance
education of the pupils about the
principles of the PDP;
-
Preparing Analyses and creation of the
measures for strengthening of the
cooperation with other state authorities
and civil sector;
-
Implement/undertake
all
actions,
including supply, for the implementation
of ISO27001 certification process Other
measures from the strategy and action
plan will be implemented which will be
identified during the ToR drafting.
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52
52
ANNEX II
Description of Institutional Framework
The Ministry of Justice is competent for securing of the rule of law and better access
to justice by preparation, implementation and monitoring of legislation related to
judiciary, public prosecution, notary, civil law, criminal law, legal aid, international
legal assistance; human rights; court expertise; expertise and super-expertise; out-ofcourt proceedings; IT in the judiciary, administrative supervision the functioning of an
independent and efficient judicial system, harmonization with the EU legislation and
taking other activities related to EU accession process. In this respect the MoJ is
responsible for the coordination of the policy and strengthening of the institutional
capacities of judiciary composed of number of Independent Institutions such as: .

Academy for Judges and Public Prosecutors

The Publics Prosecutor’s Office

Courts in the country,

The State Commission on Prevention of Corruption

The Agency for managing confiscated property and property gains in
criminal and misdemeanour procedures
Ministry of Interior
The Ministry of Interior of the Republic of Macedonia is public institution responsible
for:, functioning of the public and state safety system, prevention of violent
destruction of the democratic institutions determined by the Constitution of Republic
of Macedonia; protection of life, personal safety and the property of the citizens
prevention of outburst of national, racial and religious hatred and intolerance;
prevention of committing criminal and minor offences, identification and arresting
perpetrators and undertaking other measures prescribed by Law, for pursuit of the
perpetrators; civil affairs and other affairs established with this or separate law.
The organizational structure of the Ministry is consisted of:
- Organizational units for the needs of the Ministry
- Bodies as part of the Ministry.
Organizational units for the needs of the Ministry are organizational units authorized
to conduct the work for the need of the whole Ministry as:
- organizational units authorized to conduct expert issues, and
- organizational units authorized to conduct civil affairs.
Bodies of the Ministry are:
- Bureau for Public Safety, and
- Administration for Security and Counterintelligence
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53
FINANCIAL POLICE DIRECTORATE
The Financial Police (FP) is a directorate within the Ministry of Finance. Since 2007
it has the capacity of a legal person.1
The Book of Regulations for Organization of Work and the Book of Regulations for
Systematization of the Working Positions in the FP were adopted in February 2008.
FP is organized in 3 sectors and 12 departments, with a total of 63 working positions.
At present there are 30 persons and 25 of them are in the police operations staff of the
FP. FP has jurisdiction2 to investigate a number of defined criminal activities: tax
evasion; money laundering and other gainful criminal activities; tax, bank, insurance,
stock market, customs and frauds of significant amounts; severe forms of corruption,
such as misuse of official position and authorization of significant amounts
damaging the state budget; provoking false bankruptcies; falsifying and destroying
of official registries; falsifying of documents; funding terrorism; non-payment of
customs fees or excises and other public fees proscribed by the law, involving
substantial/significant/great proportions amounts.
In August 2007, FP was designated as the Anti-Fraud Coordination Service
(AFCOS) for OLAF.
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54
CABINET OF
THE MINISTER
MINISTER
OF INTERIOR
DEPUTY MINISTER CABINET
MINISTRY SPECIFIC ORGANIZATIONAL UNITS
STATE SECRETARY CABINET
IT AND COMMUNICATION
DEPARTMENT
PUBLIC RELATIONS AND PUBLIC
CHARACTER INFORMATION SECTOR
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CENTER FOR SUPPRESSION
OF ORGANIZED AND SERIOUS
CRIME
FINANCIAL
CRIME
ANTI-MONEY
LAUNDERING
AND ECONOMY
ILLEGAL
DRUGS
ILLEGAL
HERROIN
TRAFFICKING
UNIT
UNIT FOR
CORRUPTION
UNIT FOR
COMPUTER
CRIME
UNIT FOR
ILLEGAL
TRAFFICKING
WITH COCAIN,
MARIJUANA,
SYNTHETIC
DRUGS AND
PRECURSORS
CRIMINAL
INTELLIGENCE
CRIMINAL
INTELLIGENCE
UNIT
UNIT FOR
CRIME
INTELLIGENCE
IN PRISONS AND
CENTRAL
REGISTER FOR
INFORMANTS
CRIMINAL
INTELLIGENCE
ANALYSIS
STRATEGIC
ANALYSIS FOR
ORGANIZED AND
SERIOUS CRIME,
ADMINISTRATION
AND
DOCUMENTATION
UNIT
UNIT FOR CRIME
INTELLIGENCE
ANALYSIS AND
INVESTIGATIONS
UNDER-COVER
OPERATIONS
SERIOUS
CRIME
UNDER-COVER
POLICE OFFICERS
UNIT
GENERAL AND
VIOLENT CRIME
UNIT
INTERCEPTION OF
COMMUNICATIONS
UNIT
ANTI-HUMAN
TRFFICKING AND
SMUGGLING OF
MIGRANTS UNIT
MONITORING,
SURVEILLANCE
AND
DOCUMENTATION
UNIT
WITNESS
PROTECTION
SECTION
INFORMATION
TECHNOLOGY
ILLEGAL WEAPONS
AND HAZARDOUS
MATERIALS
TRAFFICKING UNIT
PURSUIT
SECTION
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DEPARTMENT
FOR IT
AND
TELECOMMUNICATION
DEPARTMENT
FOR
IT
UNIT FOR
DEVELOPMENT
UNIT FOR
TEHNICAL
SUPPORT
DEPARTMENT
FOR
COMMUNICATION
UNIT FOR
EXPLOATATION
UNIT FOR
PHONE
NETWORK
UNIT FOR
RADIOCOMUNICATION
UNIT FOR
EXPLOATATION
AND
VIDEO
UNIT FOR
CRIPTO
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57
MINISTER OF
JUSTICE
Unit for representation in criminal
and civil cases
Deputy Minister
Internal Audit Unit
Department for
representation of RM
before ECtHR
Unit for representation in
administrative and enforcement
cases
State Secretary
Bureau for
representation before
ECtHR
Department for
enforcement of ECtHR
judgments and decision
Unit for enforcement of general
measures and monitoring of ECtHR
case law
Unit for enforcement of individual
measures and decisions of ECtHR
Department for
minister
coordination
Department for
judiciary
Unit for
coordination of
Minister's office
Unit. for norm.
work in the
criminal and
civil matters
Unit for public
relations
Unit for
coordination of
foreign aid
Unit for courts,
public prosecutors
offices and other
judiciary bodies
Unit for pardon and
compensation
claims
Department for
supervision of
Enforcement
agents, Notaries
and Mediators
Unit for
supervision of
enforcement
agents
Department
for
internationa
l legal
assistance
Unit for
extradition
and transfer
Department for
Free Legal Aid
and political
system
Unit for free
Unit for
proceeding
on Letters
Rogatory in
Criminal and
Civil field
Unit for
negotiationan
d integration
Department for
International
Legal Cooperation
Unit for
International Legal
Cooperation
legal assistance
Unit for political
system
Unit for
supervision of
notaries and
mediators
Department
for
European
Union
Unit for
IPAprojects
Unit for Human
Rights and
comparative
analysis
Regional Units
(35)
Unit for
cooperation with
NATO
Department for
Human Resources,
Strategic Planning
and Policy
Department
for Finance
Unit for
Budget
Coordination
Unit for Human
Resources
Unit for Strategic
Planning and Policy
Unit for
Budget
Control
Unit for
accounting
and payment
Unit for Public
Procurement
Department for IT
Communication
Department for
Translation
archive
work
Unit for
development
and application
support
Unit for General
Affairs
Unit for
technical
support
Unit for
translation and
linguistic editing
Unit for
managing
documents legal
regulations
Unit for archive
working
Unit for
complaints
Unit for court
expertise and ass
essment
Unit for
the measure confiscation and
ban on performing
profesion
Unit for
coordination of
amti- corruption
activities
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59
ANNEX III
Political, legal and institutional framework:
- National Strategy on development of the established system for integrated border management
-
The Strategic plan of MOI
-
Specific action oriented measures against organised crime;
-
National drugs strategy;
-
National strategy for combating trafficking in human beings and illegal migration;
-
National Strategy for control of Small Arms and Light Weapons;
-
Strategy for Preventing Money Laundering and Financing Terrorism.
-
Work Program of the Government of the Republic of Macedonia
-
State Programme for Prevention and Repression of Corruption, and the State Programme for Reduction of Conflict of Interests
-
Strategic Plan of the Ministry of Justice 2012-2014
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60
ANNEX IV
- One Service Contract for the implementation of Measures 1 and 2 will be concluded
(including the preparation of tender dossiers for supply contract). The value of this contract is
approximately EUR 1.200.000 out of which EUR 1.080.000 IPA contribution, and EUR 120.000
national co-financing. The duration of this contract will be 12 - 24 months;
- One Supply contract for the implementation of Measures 1, 2 and 3 will be concluded for
purchasing equipment for the institutions fighting organized and serious crime,financial crime,
corruption, as well as judicial cooperation such as: Law enforcement institutions, PPO, MoJ,
Agency for management of confiscated property and property gains, in total value of EUR
3.500.000 out of which EUR 2.625.000 IPA contribution and EUR 875.000 national cofinancing. The duration of the contract will be 12 months plus 12 months warranty period
bringing the total contract duration to 24 months.
- One Twining contract under IPA 2012 for implementation of Measure 3 will be concluded.
The value of this contract is approximately EUR 600.000, out of which EUR. 570.000 IPA
contribution and EUR 30.000 national co-financing. The duration of this contract will be 12
months;
- One Twining Light contract under IPA 2012 for implementation of Measure 4 will be
concluded. The value of this contract is approximately EUR 250.000, out of which EUR.212.500
IPA contribution and EUR 12.500 national co-financing. The duration of this contract will be 6 8 months;
- One Service contract under IPA 2012 for implementation of Measure 5 (including preparation
of tender dossiers for supply and works contract )will be concluded. (The value of this contract is
approximately EUR 250.000, out of which EUR 225.000 IPA contribution, and EUR 25.000
national co-financing. The duration of this contract will be 12 months
- One Supply contract under IPA 2013 for implementation of Measure 5 will be concluded for
purchasing an equipment in total value of EUR 2 000 000, out of which EUR 1.500.000 IPA
contribution and EUR 500 000 national co-financing. The duration of the contract will be 8
months plus 12 months warranty period bringing the total contract duration to 20 months.
- One works contract under IPA 2013 for implementation of Measure 5 will be concluded for
constracting/ refurbishment of premises in total value of EUR 1. 000 000, out of which EUR
750.000 IPA contribution and EUR 250. 000 national co-financing. The duration of the contract
will be 8 months plus 12 months warranty period bringing the total contract duration to 20
months.
- One Framework contract under IPA 2013 for supervision of the works.
- One Service contract under IPA 2012 for implementation of Measure 6 will be concluded .
The value of this contract is approximately EUR 900.000, out of which EUR 810.000 IPA
contribution, and EUR 90.000 national co-financing. The duration of this contract will be 12 - 24
months
- One Supply contract under IPA 2012 for implementation of Measure will be concluded for
purchasing of an equipment in total value of EUR 250 000, out of which EUR 187.500 IPA
contribution and EUR 62 500 national co-financing. The duration of the contract will be 6
months plus 12 months warranty period bringing the total contract duration to 18 months.
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