The World Bank INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT INTERNATIONAL DEVELOPMENT ASSOCIATION 1818 H Street N.W. Washington, D.C. 20433 U.S.A. (202) 477-1000 Cable Address: INTBAFRAD Cable Address: INDEVAS CONFORMED COPY October 13, 2010 H.E. Zoran Stavreski Deputy Prime Minister and Minister of Finance Ministry of Finance Mito Hadzivasilev Jasmin bb Skopje Re: Loan No. MK-4793 Business Environment Reform and Institutional Strengthening Project (BERIS) Amendment Letter Excellency: We refer to the Loan Agreement (Business Environment Reform and Institutional Strengthening Project) between the former Yugoslav Republic of Macedonia (the Borrower) and the International Bank for Reconstruction and Development (the Bank) dated October 14, 2005, for the above-referenced Project, as amended (Loan Agreement). We also refer to your requests on behalf of the Borrower contained in your letters dated June 10, 2010 and June 29, 2010, to amend provisions of the Loan Agreement. I am pleased to inform you that, after careful consideration, the Bank has acceded to the aforementioned requests. Therefore, the Loan Agreement is hereby amended as follows: 1. The table set forth in paragraph A.1 of Schedule 1 (Withdrawal of the Proceeds of Loan) to the Loan Agreement is amended as set forth in Attachment 1 hereto. the 2. Part C of Schedule 2 (Description of the Project) to the Loan Agreement is amended to read as follows: “Part C: Industrial Policy and Enterprise Competitiveness Support The provision for institutional development and capacity building of the Borrower’s capacity to implement a European Union-compliant industrial policy, enterprise competitiveness support and competition regime through (i) strengthening of the institutional capacity of the IPU to design and implement industrial policy measures in line with European Union requirements; (ii) strengthening of the institutional capacity of the MOE and the SER to design and implement sector competitiveness policies in line with European Union requirements and best practices; (iii) increasing public awareness of industrial and competition policy issues; and (iv) providing training and seminars for relevant stakeholders in industrial, competitiveness and competition policies, through the provision of technical assistance, training, equipment, goods and study tours.” All the other terms and conditions of the Loan Agreement, as amended hereby, shall remain in full force and effect. Please confirm your agreement to the foregoing amendment by signing and dating the confirmation on the enclosed copy of this Amendment Letter and returning it to us. This amendment will come into force and effect as of the date of your countersignature upon receipt by the Bank of the said duly countersigned original Amendment Letter. Sincerely, By /s/ Jane Armitage Country Director and Regional Coordinator for South East Europe Europe and Central Asia Region CONFIRMED AND AGREED: BORROWER By /s/ Name: Title: Date: Zoran Stavreski Zoran Stavreski Vice President of the Government and the Minister of Finance of the FYR Macedonia October 26, 2010 Attachment 1 SCHEDULE 1 (Withdrawal of the Proceeds of the Loan) Category Amount of the Loan Allocated Expressed in Euro % of Expenditures to be financed (1) Goods, consultants’ services, including auditing services, Incremental operating costs and Training 5,356,000 100% (2) Goods under Part B (i) of the Project for the Bureau of Metrology 1,000,000 100% (3) Front-end fee TOTAL 44,000 6,400,000 Amount due under Section 2.04 of this Agreement CONFORMED COPY Supplemental Letter No. 2 REPUBLIC OF MACEDONIA October 13, 2010 International Bank for Reconstruction and Development 1818 H Street, N.W. Washington, D.C. 20433 United States of America Re: Loan Number 4793-MK (Business Environment Reform and Institutional Strengthening Project) Revised Project Monitoring Indicators Dear Sirs and Mesdames: This refers to the provisions of Section B.1 (b) and Section C.1 (a) of Schedule 5 to the Loan Agreement between the Borrower and the International Bank for Reconstruction and Development (the Bank) for the above-captioned Project. The Borrower hereby confirms to the Bank that the revised indicators set out in the attachment to this letter shall serve as the basis for the Borrower to monitor and evaluate the progress of the Project and the achievement of the objectives thereof. Very truly yours, REPUBLIC OF MACEDONIA By /s/ Zoran Stavreski Authorized Representative Attachment Attachment to Supplemental Letter No. 2 Performance Monitoring Indicators PDO Strengthening of the capacity of the Government to improve selected areas of the business environment in an-EU oriented context. Outcome Indicators Number of EU Directives dealing with business regulation and operation transposed in the national legislation. Use of Outcome Information Orient Government efforts to further improve business environment and further integrate with the EU. Ranking on the ease of doing business in the Doing Business Report. Overall assessment of the business environment areas supported by the Project in the annual EU Progress Report. Intermediate Results One per Component Business Regulation Component: Results Indicators for Each Component Business Regulation Component: Government has well functioning mechanisms and policies in place for applying the Guillotine and other RIA complementary mechanism to business sector regulations. Cumulative number of regulatory regimes in business law streamlined using Regulatory Impact Assessment. Cumulative number of laws and bylaws streamlined using Regulatory Guillotine. Use of Results Monitoring Business Regulation Component: Reports, consultation with the business community, results of surveys are used to identify regulatory regimes for reform; adjust current ongoing reform activities, and/or re-focus on regulatory and institutional weaknesses so as to ensure alignment between development objectives and business environment sector needs. Adjustments might include decisions to: (i) change scope/content of the training on RIA and complementary methodologies; (ii) further strengthen consultation mechanisms with the business community; etc. MSTQ Component: MSTQ Component: MSTQ Component: The Bureau of Metrology (BoM), Institute for Standardization (ISRM) and Institute for Accreditation (IARM) have acquired the ability to monitor and evaluate business sector needs for metrology, testing, standards and quality services. Cumulative number of trained technical staff at the MSTQ institutions. Internal statistics are used to: (i) guide the implementation and update of the development strategy of each MSTQ institution; and (ii) adjust service delivery, procurement plans for new equipment, and scope and content of training programs. Cumulative number of types of measurements (field+ranges) in which the Bureau of Metrology is able to provide calibration services Annual number of calibrations done by the Bureau of Metrology in line with EU standards. Cumulative number of accreditations granted in accordance with European cooperation for Accreditation (EA) standards. Cumulative number of standards harmonized with EU (CEN and CENELEC). Industrial and Enterprise Policy and Competitiveness Support Component: Industrial and Enterprise Policy and Competitiveness Support Component: Industrial and Enterprise Policy and Competitiveness Support Component: The Industrial Policy Unit and SME Department at the Ministry of Economy (MOE) and the General Secretariat-Sector for Regulatory Reforms (SER) have developed the capacity to effectively implement the national Industrial Policy Strategy 2009-2020 and SME competitiveness strategies in line with EU. Cumulative number of national policies and strategies on competitiveness developed and adopted by Government in line with EU. The MoE website include information on the activities, strategies, trainings and new legislation affecting industrial, competitiveness, and competition policies. Access to Information Component: Access to Information Component: Access to Information Component: The Central Registry implements a simple and transparent business registration system. Cumulative number of days required to register a business (in working days). Internal statistics are used to adjust business registration procedures as required. Project Coordination Support Component: Project Coordination Support Component: Project Coordination Support Component: The PIU/MOE and the SER have acquired the capacity to monitor and evaluate progress in improving the business environment. Annual number of workshops organized by the MoE and SER to discuss Government’s progress in business environment reforms with relevant stakeholders, including progress made in BERIS-supported reforms. Workshops are used to discuss progress towards development objective, and indicate steps to be taken for timely achievement of the objective. Cumulative number of Government officials trained in implementation and monitoring of national competitiveness policies. Cumulative number of business registrations . Reports, consultation with the business community, results of surveys and internal statistics are used by the MoE and SER to decide whether MoE and SER should organize additional seminars for government or selected line ministries and other stakeholders. Arrangements for results monitoring MACEDONIA, FORMER YUGOSLAV REPUBLIC OF: BUSINESS ENVIRONMENT REFORM & INSTITUTION STRENGTHENING PROJECT Project Development Objective (PDO): Strengthening of the capacity of the Government to improve selected areas of the business environment in an-EU oriented context. PDO Level Results Indicators* Core Revised Project Development Objective: Not revised D=Dropp ed C=Contin Unit of ue Measure N= New R=Revised Target Values Baseline 2005 Frequency YR 1 YR 2 YR 3 YR 4 YR5 Data Source/ Methodolog y Responsibili ty for Data Collection Indicator One: New Number of EU Directives dealing with business regulation and operation transposed in the national legislation. Ranking on the ease of doing business in the Doing Business Report. New Number and Text N/A 1 Business regulation not in compliance with EU requirement s Competitio n policies strengthene d N/A N/A N/A 1 1 Corporate governan ce regulation in line with EU Shareholde r rights strengthen ed 80 70 Company Law and Securities Law fully compatible with EU directives Annual Reports, interviews, EU Progress Report, 50 Annual Doing Business Report Number RCA 248423. WUI 64145 FAX (202) 477-6391 100 Ministry of Economy and Sector for Economic and Regulatory Reforms at the General Secretariat -8- Overall assessment of the business environment areas supported by the Project in the annual EU Progress Report. New Text N/A N/A Improvem ent noted in the Free Movemen t of Goods, Free Movemen t of Capital and Company Law Chapters of the acquis Significant improveme nt noted in Free Movement of Goods, Free Movement of Capital, Company Law, Competitio n Policy and Industrial Policy Chapters of the acquis Recommendati on to start negotiations for accession to the European Union Annual EU Progress Report INTERMEDIATE RESULTS Intermediate Result (Component One – Business Regulation): Government has well functioning mechanisms and policies in place for applying the Guillotine and other RIA complementary mechanism to business sector regulations. Revised Intermediate Result (Component One): Not revised Intermediate Result indicator One: Cumulative number of regulatory regimes in business law streamlined using Regulatory Impact Assessment Intermediate Result indicator Two: Cumulative number of laws and by-laws streamlined using R Number 0 0 0 1 2 2 Semi-annual Reports, results of surveys, interviews Ministry of Economy/ PIU R Number 0 0 0 0 50 laws 500 by-laws Semi-annual Progress reports, publications , amendment Ministry of Economy/ PCU in Coordinat -9- Regulatory Guillotine to legislation, interviews ion with the General Secretaria t : Intermediate Result (Component Two – MSTQ System): The Bureau of Metrology (BoM), Institute for Standardization (ISRM) and Institute for Accreditation (IARM) have acquired the ability to monitor and evaluate business sector needs for metrology, testing, standards and quality services. Revised Intermediate Result (Component Two): Not revised Intermediate Result indicator One: Cumulative number of trained technical staff at the MSTQ institutions Intermediate Result indicator Two: Cumulative number of types of measurements (field+ranges) in which the Bureau of Metrology is able to provide calibration services. Intermediate Result indicator Three: Annual number of calibrations done by the Bureau of Metrology in line with EU standards New Number 40 N/A 50 60 70 80 Semi-annual/ Annual Reports, results of surveys, interviews MoE, BoM, ISRM, IARM, R Number 0 0 0 10 20 30 Semi-annual/ Annual Reports, results of surveys, interviews BoM and MoE/PCU R Number 0 0 0 10 50 100 Semiannual/Annual Reports, results of surveys, interviews BoM and MoE/PCU - 10 - Intermediate Result Indicator Four: Cumulative number of accreditations granted in accordance with European cooperation for Accreditation (EA) standards Intermediate Result Indicator Five: Cumulative number of standards harmonized with EU (CEN and CENELEC) R Number 3 R Number 18 0 10 10 20 10 Semiannual/Annual Reports, results of surveys, interviews IARM and MoE/PCU 1,00 0 1,000 1,000 2,000 0 Semiannual/Annual Reports, results of surveys, interviews ISRM and MoE/PCU : Intermediate Result (Component Three – Competition Policy): The Commission for Protection of Competition (CPC) and State Aid Commission (SaC) have developed the capacity to implement effectively competition and state aid policies and have strengthened their advocacy role. Revised Intermediate Result (Component Three - Industrial and Enterprise Policy and Competitiveness Support): The Department for Industrial Policy and SME Department at the Ministry of Economy (MOE) and the General Secretariat-Sector for Regulatory Reforms (SER) have developed the capacity to effectively implement the national Industrial Policy Strategy 2009-2020 and SME competitiveness strategies in line with EU. Intermediate Result 0 0 1 1 2 SemiEU progress MoE and New Numbe 0 indicator One: annual/Annual report, SER r Cumulative number of MOE’s national policies and website and strategies on progress competitiveness reports, developed and interviews. adopted by Government in line with EU Intermediate Result N/A N/A 10 20 20 SemiReports, MoE and New Numbe 0 indicator Two: annual/Annual surveys SER r Cumulative number of Government officials trained in implementation and monitoring of national competitiveness policies - 11 - : Intermediate Result (Component Four – Access to Information): The Central Registry implements a simple and transparent business registration system. Revised Intermediate Result (Component Four): Not revised Intermediate Result indicator One: Cumulative number of days required to register a business (in working days) Intermediate Result Indicator Two: Cumulative number of business registrations C Number 40 40 30 10 8 5 Semiannual/Annual Internal statistics and Doing Business Report CRM and MoE/PCU New Number N/A 80,000 90,000 95,000 100,000 105,000 Semiannual/Annual Reports, internal statistics CRM and MoE/PCU : Intermediate Result (Component Five – Project Coordination Support): The PCU/MOE and the SER have acquired the capacity to monitor and evaluate progress in improving the business environment. Revised Intermediate Result (Component Five): Not revised Annual number of workshops organized by the MoE and SER to discuss Government’s progress in business environment reforms with relevant stakeholders, including progress made in BERISsupported reforms. : R Number 0 2 2 4 8 4 Semi annual/Annual Reports, interviews, meetings The World Bank 1818 H Street N.W. Washington, D.C. 20433 U.S.A. INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT INTERNATIONAL DEVELOPMENT ASSOCIATION (202) 477-1000 Cable Address: INTBAFRAD Cable Address: INDEVAS October 14, 2010 H.E. Zoran Stavreski Deputy Prime Minister and Minister of Finance Ministry of Finance Mito Hadzivasilev Jasmin bb Skopje Dear Excellency, Re: Business Environment Reform and Institutional Strengthening Project (Loan 4793MK) Notification of Project Restructuring I am pleased to inform you that the International Bank for Reconstruction and Development (the Bank) approved on October 6, 2010, the proposal to restructure the FYR Macedonia Business Environment Reform and Institution Strengthening Project (Loan No. 4793-MK). Following the approval, the Restructuring Paper (attached), setting for the restructuring proposal, will now be made publicly available, in accordance with World Bank procedures that apply to disclosure of Project Appraisal Documents. Please confirm your concurrence by counter-signing and returning to us one countersigned Amendment Letter and a signed Supplemental letter No.2 to the Loan Agreement. Sincerely, Jane Armitage Country Director and Regional Coordinator for Southeast Europe Europe and Central Asia Region Attachments: Project Paper Loan Amendment Letter Supplemental Letter No.2 to Loan Agreement RCA 248423. WUI 64145 FAX (202) 477-6391 - 13 - cc: H.E. Vladimir Pesevski, Deputy Prime Minister for Economic Affairs H.E. Fatmir Besimi, Minister of Economy Ms. Suzana Peneva, Head of EU Harmonization and International Finance Department, Ministry of Finance Mr. Rudolf Jan Treffers, Executive Director, World Bank Cleared with and Julie Rieger / Nikolai Soubbotin (LEGEM), Nicholai Chistyakov bcc: (LOA), Aleksandar Crnomarkovic (FM), Lalit Raina (ECSPF) Distribution: Macedonia DL; ECSPF Sector Staff; ECACA Sector Staff; ECSOQ Sector Staff; FINCR ECA; loa-eca; Sophie Sirtaine, Sylvie Bossoutrot, Paula Genis (ECSF2); Gordana Popovik, Anne T. John (ECSF1); Nicholay Chistyakov, Hannah Koilpillai (CTRFC); Aleksandar Crnomarkovic (ECSO3); Arben Maho (ECSO2); Evgenij Najdov (ECSP2), Lilia Burunciuc, Denis Boskovski, Luan Aliu (ECCMK);