MINISTERUL AFACERILOR EXTERNE ŞI INTEGRĂRII EUROPENE AL REPUBLICII MOLDOVA Project “Building Institutional Capacity of the Ministry of Foreign Affairs and European Integration” Brief Description This project has the overall objective of strengthening the capacity of the Ministry of Foreign Affairs and European Integration as well as other line ministries and institutions involved in the negotiation and in further implementation of the Association Agreement between Moldova and the European Union. The main feature of the project is to provide a well-coordinated response to the capacity development needs of the public administration institutions in terms of expertise, coaching and training. The project will also continue its work on supporting institutional development efforts of the Ministry and its subdivisions related to human resource management, public service delivery, efficiency of information flow and others. Proposal for funding by the Government of Sweden Table of Contents LIST OF ACRONYMS: .......................................................................................................... 3 INTRODUCTION AND SUMMARY OF THE ACTION ........................................................... 4 Part I. CONTEXT AND SITUATION ANALYSIS ................................................................... 5 1.1 Project background ........................................................................................................................................... 5 1.2 Results – Project Achievements to Date ............................................................................................................ 7 1.3 Lessons Learned .............................................................................................................................................. 10 1.4 Justification ..................................................................................................................................................... 11 Part II. THE STRATEGY ..................................................................................................... 13 2.1. Description of Activities .................................................................................................................................. 13 2.2. The project strategic placement ...................................................................................................................... 15 2.3. Current donor assistance and coordination with other projects .................................................................... 16 Part III. MANAGEMENT ARRANGEMENTS ....................................................................... 23 Part IV. MONITORING AND EVALUATION ........................................................................ 24 Monitoring and Evaluation of Project’s results ........................................................................................................... 24 Part V. Legal Context ......................................................................................................... 27 Annexes ..................................................................................... Error! Bookmark not defined. 2 LIST OF ACRONYMS: MFAEI – Ministry of Foreign Affairs and European Integration UNDP - United Nations Development Programme ICT - Information and Communication Technologies IDP - Institutional Development Plan RM - Republic of Moldova EU - European Union AA – Association Agreement DCFTA - Deep and Comprehensive Free Trade Area EC – European Commission CIB – European Union Comprehensive Institution Building Programme CPAR – Central Public Administration Reform Programme EUMAP - EU-Moldova Action Plan DCFTA - Deep and comprehensive free trade area HRM - Human Resource Management NDS - National Development Strategy SDP - Strategic Development Plan UNDAF – United Nations Development Assistance Framework CSO - Civil Society Organizations NIM - National Implementation Mechanism HACT - Harmonised Approach to Cash Transfers NPLA - National Plans Legal Approximation GCEI - Governmental Commission for European Integration of Moldova 3 INTRODUCTION AND SUMMARY OF THE ACTION This document is describing the objectives, envisaged results and the activities of the project “Building Institutional Capacity of the Ministry of Foreign Affairs and European Integration” for the period of 2012 – 2014. The planned operation is a response to the request of the Government of Moldova addressed to the Swedish Government and the United Nations Development Programme, as well as to the project board to extend the assistance to the MFAEI and the Government institutions involved in the European Integration process. The Swedish Government responded positively and the project board has endorsed the extension of the project for 3 years beyond 2011 under the existing implementation arrangement with UNDP providing support to the MFAEI in running the project. The project will further address the institutional capacity issues of the MFAEI and its subdivisions, as well as will focus assistance to a selected number of institutions of the central public administration that are involved in the European Integration process. The assistance will consist of consultancy, training, exchange of experience, and other inputs following a capacity development approach1. The project will not work in the area of Regional Cooperation, as this component from the previous intervention was absorbed by the European Integration support chapter. The budget of the action is estimated at USD 3.9 million, aimed to be co-funded by the Swedish Government, the Austrian Development Cooperation, the Kingdom of Norway, the Romanian Government and UNDP. 1 http://www.undp.org/capacity 4 Part I. CONTEXT AND SITUATION ANALYSIS 1.1 Project background This project was initiated in 20082 to respond to the needs of the Government and the MFAEI in implementing institutional reforms but also to assist in the process of regional cooperation and European integration. The intervention logic was based on the Central Public Administration Reform strategy, the 2008-2011 National Development Strategy and the development assistance frameworks of the project main donors. The objective was to strengthen the institutional capacity of the Ministry of Foreign Affairs and European Integration so that it can exercise its functions in a more efficient manner, operate transparently and fulfil its European Integration commitments. In 2010 the project was expanded in order to provide an enhanced assistance to the Moldovan institutions involved in negotiating the Association Agreement between the European Union and the Republic of Moldova. A summary of project achievements to date is described below in the results section. The current Government of Moldova has increased the attention to the European Integration area and, through its new Programme for 2010 – 2014, has placed it as the key priority. It regards the European integration as a fundamental priority of the domestic and foreign policy. The assumption behind this was that the responsible implementation of commitments, deriving from the European course, is the most efficient way to achieve political, economic and social modernization. European integration provides a strong context for reforms in a number of areas. Background to the EU-Moldova relations Since 12 January 2010, The EU and Moldova are negotiating the Association Agreement that will replace the Partnership and Co-operation Agreement (PCA). The Association Agreement between Moldova and the EU will have three components: the political agreement, the free trade agreement and the agreement on the liberalization of the visa regime. Negotiations are structured in the following working groups: i) Political Dialogue and Reforms, cooperation in the field of foreign policy and foreign security; ii) Justice, freedom and security; iii) Sectoral, economic and financial cooperation; and iv) People to People Contacts. The negotiations, originally foreseen to be concluded in 2011, are progressing, however, are not yet finalized. Out of 24 (twenty four) chapters of the AA, 21 (twenty one) have been provisionally closed.3 The Government has established through a set of regulations the institutional set up, as well as coordination mechanisms for the negotiation process. A Government Decision4 establishes the nominal composition of the Moldovan delegation, formed of heads and deputy heads of central public authorities, chaired by the Minister of Foreign Affairs and European Integration, with the Deputy Minister in the position of Chief Negotiator.5 Prosperity, stability, and the rule of law are centrepieces of the European Union's relations with Republic of Moldova. The country has undergone major political changes in the past years and, in many aspects, it has been the leader for change in the region. The opportunity for association with 2 See http://www.undp.md for the original project document 3 They concern “Agriculture and rural development”; “Child rights“; “Climate action“; “Civil protection“; “Company law“; “Consumer protection”; “Customs”; “Economic dialogue”; “Energy cooperation”; “Financial services”; “Financial cooperation”; “Fisheries and maritime”; “Public administration reform”; “Public health policy”; “Industrial and enterprise policy”; “Information society”; “Management of public finances”; “Mining”; “Social cooperation”; “Statistics” and “Tourism”. Negotiations on 3 (three) chapters remain to be finalised, namely: “Environment”; “Taxation” and “Transports”. 4 The Government Decision no. 102 5 The nominated institutions are the Ministries of Foreign Affairs and European Integration, Economy and Trade, Finance, Justice, Transport and Roads, Health, Interior, Agriculture and Food Industry, Labour, Social Protection and Family, Education, as well as other bodies, including the Customs Service, National Bureau of Statistics, National Bank, National Commission of Financial Markets, National Consumer Protection Agency, Centre for Legal Approximation, Reintegration Bureau, and the Moldovan Mission to the EU. 5 the EU represents a step to bring the country closer to the European standards through political association and economic integration. Evolving needs: The Association Agreement (AA) foresees the establishment of a Deep and Comprehensive Free Trade Area (DCFTA) and a visa liberalisation – these areas are taken separately in negotiations. The negotiation and implementation of an AA, DCFTA and visa liberalisation are lengthy and complex processes. The lessons learned from accession countries that have gone through similar processes, demonstrate the importance of providing a well-targeted and appropriately sequenced support, so that the governments in the Eastern Partnership could be able to implement effectively the new agreements. This support should be focused both on capacity development and on addressing immediate needs. Moldova - EU dialogue on visa liberalization Moldova - EU dialogue on visa liberalization, as part of EU-RM cooperation process in the framework of the Eastern Partnership, was launched on 15 June, 2010.6 In this context a national Working Group on the coordination of the visa liberalization process was set up and an Action Plan was developed to frame the work in this area. It consists of a set of actions to be undertaken by the Moldovan Government in 2011 – 2012, primarily focused on promoting sustainable and wellplanned reforms in the concerned areas.7 The Program stipulates 53 main reform actions; each action includes corresponding activities, to be implemented by the responsible authorities. The timeframe for these actions is 2012 - 2014. Those priority reforms are structured into the following areas: 1. Integrated Border Management; 2. Fight against corruption; 3. Prevention and combating of human trafficking; 4. Fight against organized crime, money laundering and terrorism; 5. Protection of personal data; 6. Strengthening cooperation with specialized European institutions The Deep and Comprehensive Free Trade Area (DCFTA) The Association Agreement will include a free trade area between the two parties. In order to mark its exceptional and far-reaching ambitions, this free trade area has been called ‘deep and comprehensive’. Traditionally, standard free trade agreements foresee mutual opening of markets for goods and services. The free trade area will provide for the gradual integration of Moldova with the EU's Internal Market to the fullest possible extent. This includes the elimination of barriers in the area of trade in goods, the provision of services, and the flow of investments. In this sense Moldovan laws and standards will be made compatible with those of the European Union in trade and trade-related areas. It is widely expected that it will bring benefits for the investors and entrepreneurs who will operate in a more fair and business-friendly environment, but also to the consumers, who will get better quality of goods on the market. The Association Agreement contains a chapter related to Economic Co-operation, which focuses upon general principle of economic co-operation and the promotion of a functioning market, while the trade-related issues will be negotiated and concentrated in the DCFTA, which ultimately will form an integral part of the AA. 6 It includes cooperation in the areas „Documents security, including biometric passports“; „Illegal migration, including readmission“; „Public order and security“ and „Foreign relations“. 7 http://www.gov.md/doc.php?l=ro&idc=447&id=3397 6 The start of the negotiations for the DCFTA is planned for the end of 2011. With reference to this part of the AA, Moldova has subscribed to implement the Action Plan for the implementation of the European Commission’s key recommendations drafted after the assessment of Moldova’s capacities to negotiate and implement the DCFTA. Thus far, three progress reports have been produced, each of which records progress beyond that expected during the reporting period. The Action Plan is structured in 13 (thirteen) chapters: 1. Overall coordination and administrative Capacity Building; 2. Market Access for Goods/ Trade Statistics, 3. Tariff and Non-Tariff Barriers, 4. Technical Barriers to Trade, 5. Sanitary and Phyto-Sanitary Measures, 6. Trade Facilitation and Customs Administration, 7. Rules of Origin; 8. Services and Investments; 9. Intellectual Property Rights; 10. Public Procurement; 11. Competition; 12. Sustainable Development (social and labour issues; environment); 13. General Issues. The Action Plan contains a long list of actions that have to be implemented by Moldova during 4 years with the biggest share of activities planned in the first half of this period. The institutions involved are: 1. Ministry of Economy, 2. Ministry of Foreign Affairs and European Integration; 3. Customs Service; 4. National Bureau of Statistics; 5. National Institute of Standardization and Metrology, 6. State Inspectorate for Market Surveillance, Metrology and Consumer Protection; 7. Ministry of Agriculture and Food Industry; 8. Sanitary Veterinary Agency for safety of products of animal origin, 9. General Inspectorate of Phyto-Sanitary Surveillance and Seeds Control; 10. Ministry of Finance, 11. National Commission of Financial Market; 12. National Bank, 13. Agency on Public Procurement; 14. State Agency on Intellectual Property, 15. Ministry of Health, 16. Medicines Agency, 17. National Agency for the Protection of Competition The negotiations team will follow the same structure as for the AA, with the focus on the working group III “Economic, Sectoral and Financial cooperation”. The Deputy Minister of Economy will chair the Moldovan delegation. The Ministry of Economy has created a Task Force for DCFTA negotiations, involving key experts from public authorities. It has 4 sub-groups that also include non-state actors: market access and customs administration; measures and barriers to trade; financial services and competition; consultations with private sector and civil society. 1.2 Results – Project Achievements to Date The project has been running between 2008 and 2011, primarily focusing on the institutional (A) aspects of the MFAEI, with a particular focus on an in-depth capacity assessment, as well as strategy design and policy management. The project was also supporting an enhanced participation of Moldova in the regional cooperation (B) processes ultimately aimed to bring the country closer to the European standards. Targeted assistance was offered, as well, to improve the 7 way the MFAEI communicates (C) its work to the public. In 2010, the project has expanded to include a European Integration (D) specific component in order to deploy rapid support to the MFAEI and other institutions when the AA negotiations were launched. The budget for this period was USD 3.5 million funded by Sweden through Sida (Swedish International Development Cooperation Agency), Austrian, Norwegian, Estonian Governments, UNDP and the Open Society Institute. A. Institutional development 1. During the past 4 years with the support rendered by the project the MFAEI has developed and approved the Institutional Development Plan (IDP) for 2009 – 2011 after a comprehensive capacity assessment exercise and a prioritization process. The plan was intended as a practical tool for prioritizing the activity of the Ministry for planning and monitoring, for identifying the needs of institutional capacity development in order to achieve different policy objectives and priorities set in the sector and national policy documents. The project continued to offer support in the implementation of the IDP and has helped deliver the following results, inter-alia: - an in-depth assessment of the Ministry’s education and training needs - a concept document about the continuous training system for the MFAEI; - launch and successful operation of the Call Centre within the Ministry’s Consular Affairs Department (CAD); - revised job descriptions for all posts incorporating necessary competencies and aptitudes that take into account needs and expectations of stakeholders and being aligned to recruitment and development plans; - designed a new staff performance review and appraisal system (including a Regulation on performance review and Regulation on Attestation Commission of the Ministry of Foreign Affairs and European Integration); - an HR information management system designed by an external service provider - The project provided support in the Ministry’s reorganization and initiation of a complex Human Resources Development Programme. These were only initial inputs into a process of a longer-term change management regarding the human resources of the MFAEI. The needs are constantly evolving and the areas that need support are better shaped in the new strategic development plan (SDP) for 2012-2014. The MFAEI has been designing its SDP and the draft will be finalized before the end of 2011. The MFAEI requested that the project continues to focus considerable attention on the institutional aspects in the next 3 years. B. Regional Cooperation Targeted assistance was provided in support of the MFAEI and country’s participation in the regional (South-East Europe, Central European, Black Sea region etc.) cooperation during 2008 – 2010, when the Republic of Moldova was chairing a number of initiatives that required extensive support, both financial and non-financial. An extended list of deliverables is available in the evaluation conducted for this component, which was closed in 2010. The evaluation report has documented some positive impacts from the country’s participation in certain regional cooperation initiatives, while in some areas mixed results were seen, especially in terms of engagement of line ministries in their respective sectors. The main conclusions were fed back into the Ministries plans. The key recommendations were: i) to take on more active sectorial ownership on behalf of line Ministries and specialized agencies; ii) to further the integration of regional cooperation efforts in the European integration stream of activities; iii) enhance planning capacities and coordination of national efforts. 8 One of the highlights was the participation in the activities of the international organizations from the wider Black Sea Region, more specifically in the Organization of the Black Sea Economic Cooperation. The objective remains to be the economic development, trade, transport and energy cooperation within the organizations from this region that ultimately will result in the elaboration and implementation of the projects in the areas mentioned above. In this context the project expects to render support in the future in a limited and targeted way for Moldova’s participation in the EU Strategy for the Black Sea and the EU Strategy for the Danube Region to tackle environmental, energy, socio-economic development, education and security issues. c. Communications and Public Relations Under this chapter the project aimed at the Ministry’s strengthened capacity to better communicate internally and externally its priorities. The MFAEI has achieved the following results in this sense: - Integration of communication planning into the Ministry’s annual plans; Design of a new web-site (http://www.mfa.gov.md ); MFAEI’s Department for mass-media received daily coaching and training from a communication specialist – as a result it started to introduce new tools in its activity, such as o A public message launched by the Ministry of Foreign Affairs and European Integration; o Increased number of press releases, press conferences and introduction of new tools, such as press clubs; o Better communication with the public within the framework of the European integration; o Tailor made trainings on communication were delivered to the MFAEI staff from consular offices; o Strengthened communication capacity in EU issues achieved through supporting the "PRO Europe" information centres in Balti, Cahul and Comrat by providing grants to manage local level activities with the population, media, think tanks and local authorities in the North and South of the country; d. European Integration Component: support to the MFAEI and the negotiation team This component was added in 2010 and focused the assistance on the needs in capacity assessment and development of the Moldovan institutions involved in the AA negotiations. Assistance was delivered in the form of external consultancy on specific subjects of the negotiations, as well as on functional issues and coordination aspects. The preliminary results include8: i) selected public servants (123 people) were trained on the process of negotiating with the European Union delivered in 4 complex training modules; ii) selected public institutions received support and assistance in the negotiation phases (mainly Ministry of Agriculture and Food Industry; Centre for Combating Economic Crimes and Corruption; Centre for Legal Approximation; Ministry of Health; National Agency for Protection of Competition; Sanitary Veterinary Agency; National Bureau of Statistics); iii) more than 200 public servants were trained on the implementation of the new Moldova - EU Association Agreement; organization of related events (Rounds of Negotiations of the EUMoldova Association Agreement; EU-Moldova Dialogue on Human Rights/Visa issues; EUMoldova Sub-Committees, etc); iv) a comprehensive analysis of the external assistance from other partners towards the European Integration of the RM; v) the assistance provided by the project ensured a more coordinated response by all institutions; while this was achieved in close collaboration with other UNDP projects (the EU 8 Detailed information is available in project annual reports 9 High Level Policy Advice Mission and the Transitional Capacity Support for the Public Administration); Legal Approximation The project has provided support to the Government on legal approximation. This was a response to the need in adjusting the presently existing system to the more demanding needs of the AA that will make a specific requirement to carry out the approximation of the national legislation to the EU legal acts referred to in every chapter of the document. The harmonised legislation will also have to be effectively implemented by the Government under considerable time pressure. The project engaged expertise to propose a new legal approximation mechanism in order to address the capacity issues during and after the negotiations of the AA. A Concept of a New Legal Approximation Mechanism for the Republic of Moldova was developed, consulted and proposed to Moldovan responsible institutions. Enacting it requires modifications in a number of laws and regulations and is expected before the end of 2011. The complexity of the task, the time pressure and the limited (or almost inexistent) number of professionals specialized in the EU law in the areas of responsibility of different state institutions make obvious that transitional external support will be required to advance on the implementation of the legal approximation activities. Considering the urgent need for intervention and the large amounts of the Acquis included into certain annexes of the AA, the project proposes to increase the quality and the quantity of the transposed Acquis through external consultancy to the institutions facing most serious difficulties in this area as a transitional measure, until a core of qualified professionals will be institutionalized. 1.3 Lessons Learned As the compiling and dissemination of the project lessons learned is an essential part of the effective project management practices, encompassing the project lifecycle, the following could be taken into consideration as lessons drawn from the project implementation. These will inform the project strategy and its action plans for the next period of time. These lessons are also captured in the project reports that are shared with the Board members and are also meant to provide soft advice to the counterparts. The ownership and commitment for the project deliverables and activities is significant to ensure project success. The change of the Ministry leadership and high staff rotation should not seriously affect project activities. However, in some areas the project has felt the change and will have to devote closer attention to the engagement of the leadership of the Ministry and the institutions in the detailed project actions. More efforts are needed to promote sustainability of the capacity development efforts. This could be ensured by providing continuous support in reforming public institutions (including MFAEI). Proper training and continuous education, Human Resource Management systems in place would inevitably contribute to this process. Clear procedures in place (such as Standard Operation Procedures) will contribute to this. The project should devote greater attention to the internal communication of the institution’s priorities. An immediate recommendation stemming from this would be to plan awareness raising activities within the institution about the details of the new Strategic Development Plan and the Annual Operation Plans. Current Parliamentary Commission for the External Policy and EU integration is not specialized on EU integration and pays insufficient attention to the EU related issues. MFAEI should strengthen the cooperation with this particular Parliamentary Commission 10 (taking into consideration the importance of legal approximation process). UNDP will continue its coordination activities between the current project and the Parliamentary Development intervention; however the national institutions cooperation should be formalized.9 There is an increasing need in strengthening the capacities of the Department for the coordination of the external assistance within the State Chancellery. Currently it seems to face difficulties in ensuring the effective coordination of the external assistance, monitoring of the impact of the aid (assistance) granted and maintaining an adequate inter-institutional cooperation with sufficient transparency. More efforts need to be invested by the Government (implicitly the MFAEI) and the project (to support it) in communicating extensively and proactively about the European Integration. The new Communication Strategy on EU integration would be based on the Communication and Information Strategy for the European Integration of the Republic of Moldova (developed in 2008) and should have a realistic budget with a Government contribution. Inter-institutional communication is limited. Old fashioned secrecy, postal letters rather than phone calls and e-mails lead to a limited coordination on EU matters between the Moldovan public authorities and this after all may lead to slowing down the speed of Moldova’s integration in the EU. The European integration is treated mostly as a matter of the Moldovan external policy, although it implies internal reforms mostly. Therefore, the capacity building efforts should encompass other public institutions involved in the negotiations and implicitly in the implementation of the Association Agreement. The negotiation and implementation of an Association Agreement, Deep and Comprehensive Free Trade Area (DCFTA) and visa liberalisation are lengthy and complex processes. The experience of countries which have gone through similar processes, demonstrate the importance of providing a critical mass of well-targeted and appropriately sequenced support, if governments are to be able to implement the new agreements efficiently and effectively. In particular, attention should be focused on strengthening the policy-making, policy management and policy monitoring functions 1.4 Justification The planned operation is a response to the request of the Government of Moldova addressed to the Swedish Government and the United Nations Development Programme, as well as to the project board to extend the assistance to the MFAEI and the Government institutions involved in the European Integration process. The Swedish Government responded positively and the project board has endorsed the extension of the project for 3 years beyond 2011 under the existing implementation arrangement with UNDP providing support to the MFAEI in managing the project. The project will further address the institutional capacity needs of the Ministry of Foreign Affairs and European Integration under its new Strategic Development Plan. Under the first phase the project has primarily focused on capacity assessments and on the design of the implementation arrangements. Some parts of the institutional aspects were addressed, while others remain to be further worked on. The implemented actions under the capacity development programme and the IDP (2008 – 2011) have generated additional work ahead for the MFAEI that requires sustained effort. Equally, under the European Integration agenda, the concerted efforts of the stakeholders (donors, international organizations, etc.) have resulted in a more coordinated framework for action as compared to the year 2009 when the project was last revised. The EU CIB is meant to serve as such a framework for action as an instrument available to the Government that should be utilized to 9 An activity aimed at designing a special regulation in this sense is being initiated by the Parliament. 11 carry out reforms and support European Integration efforts. However, until the CIB will fully unfold the assistance to the ministries and specialized public administration bodies, the needs in the line institutions for the urgent additional support in fulfilling the immediate tasks will be provided through the 2nd phase of the “Building the Institutional Capacity of the MFAEI Project”. The next years (2012 to 2014) will be critical for the implementation of the European Integration agenda and the new MFAEI Strategic Development Plan (SDP) for 2012 - 2014. The implementation of the Association Agreement will require Moldova to engage in considerable reforms within those institutions that will be responsible for implementing obligations under it. It also implies the upgrading of enhanced co-ordination functions as well as key horizontal disciplines such as monitoring, human resource development and financial management. Since the MFAEI is responsible for coordination of negotiation of the AA, on visa liberalization dialogue, regional cooperation (related to EU integration - such as the Danube Strategy), future consolidation of its capacity is critical for the process. MFAEI shall be able not just to consult and coordinate, but to contribute to strengthening the capacities of the line institutions, serving as a model in capacity building. The current state of affairs does not allow fulfilling that ambitious and complex task without external support (expertise, training, sharing experience, development activities). 12 Part II. THE STRATEGY The project will contribute to the overall objective to support the Government of the Republic of Moldova to prepare for, negotiate and implement the Association Agreement, including a Deep and Comprehensive Free Trade Area, and to implement the requirements for visa liberalisation process10. The project specific objective will be strengthening the capacity of the MFAEI and other actors to negotiate and implement Moldova’s European Integration agenda. The intervention will be focusing on two main areas: institutional development of the MFAEI and capacity development of selected line institutions involved in the AA. There are a number of envisaged deliverables (key results) that the project foresees to achieve during the course of 2012 – 2014 through a range of actions conducted in line with the capacity development approach. The aim is to address urgent capacity gaps, but also to promote ownership of national beneficiaries and sustainability of the results. The key results that the project aims to achieve are: i) Strengthened capacities of the MFAEI for the effective implementation of its external actions ii) Consolidated capacity of the MFAEI in supporting, guiding, and leading the coordination of other relevant Moldovan institutions in the AA negotiation and implementation iii) Fortified institutional capacities of the MFAEI iv) Enhanced capacities of the Moldovan authorities for the negotiation and implementation of the AA with EU with a view of achieving a signed and progressively implemented AA Impact: The ultimate beneficiaries will be the people of Moldova who will: a) have access to and benefit from more effective services provided by the Ministry of Foreign Affairs and European Integration and b) enjoy socio-economic benefits from the process of bringing Moldova closer to the European Union standards. A brief description of the main project areas of intervention is given below and detailed account is provided in the annexes “Results and Resources Framework” and the “Budget”. 2.1. Description of Activities Approach: the project will actively involve in its activities all relevant stakeholders, including academia, non-governmental organizations, representatives of relevant donor agencies and of the development assistance projects. The direct beneficiaries of the project are the staff of the Ministry of Foreign Affairs and European Integration and staff from other Moldovan line ministries/institutions involved in the negotiations/implementation of the Association Agreement with the European Union. The detailed activities are presented in the relevant Annexes. This part will give a brief description of the project activities structured by the envisaged results (components): Component 1: Institutional Capacity of the MFAEI The activities under this component will be leading towards the achievement of the following results: 1.1. Strengthened capacities of the MFAEI for the effective implementation of its external actions. The Activity 1.1.1. will consist of supporting the review and the revision of various foreign policyrelated documents related to the external actions, and will support the MFAEI’s engagement in 10 As identified by the EUCIB 13 promoting Moldova’s interests abroad. It will also include assistance for the Ministry’s coordination efforts related to the country’s response to international and bilateral commitments. In this sense the project will focus first of all on supporting the role of the Ministry in fulfilling Moldova’s international human rights obligations (with the emphasis on the Universal Periodic Review (UPR) recommendations follow-up). Activity 1.1.2. will aim at strengthening the communication capacities of the Ministry in promoting the country image abroad. This will consist of a range of actions, i.e.: strategic planning, training, evaluation of results. The main staff engaged will be the relevant ministry units and most of the embassies and representative offices abroad. For achieving the result 1.2. “Consolidated capacity of the MFAEI in supporting, guiding, and leading the coordination of other relevant Moldovan institutions in the AA negotiation and implementation” the focus will be on the Ministry’s Department of European Integration, but also on other units involved in the related work. The indicative activities (1.2.1 and 1.2.2 respectively) under this area will comprise a) facilitation of knowledge exchange between Moldova and other countries with relevant experience in coordinating the European Integration processes; b) on-site coaching for MFAEI staff by external consultants; c) assistance in the design of rules of procedure, reporting templates, information management mechanisms; d) organization of workshops on interagency cooperation with the participation of the peer institutions from the EU or candidate countries. Result 1.3. “Fortified Institutional Capacities of the MFAEI” Under this area the project will tackle institutional issues aiming at making available the support needed by the MFAEI to implement its Strategic Development Plan. As a background, the current MFAEI`s Institutional Development Plan covers the period 2008 - 2011 and the Ministry has developed a new Strategic Plan for 2012-2014. The areas found in the new plan are broadly similar to the previous IDP in terms of the institutional capacity, but they are not the same. These are rather continuation of the previously started operations. Activity 1.3.1. “Policy management capacity” will be focused on the policy-related work of the Ministry and will consist of a number of actions aimed at developing competencies among the MFAEI staff to equip them better in such areas as: policy analysis, policy making, research, planning and prioritization, management etc. They will be structured in accordance with the functions of the Ministry for which capacity development interventions are needed. Activity 1.3.2. Human Resource Management (HRM) will consist of support to the implementation of the MFAEI Human Resource Management Strategy and related plans. The special emphasis will be put on the fact that the MFAEI needs to have HRM policies that make the institution responsive to the intensive EU-related work. The activities are described in full detail in the logical framework and the work plan. Activity 1.3.3. Capacity development of the Consular Affairs Department (CAD) - Under this activity area the support will be offered to the CAD especially meant to enhance functional capacities of its personnel, improve the regulations, and the delivery of services to the clients. Activity 1.3.4 will assist the Ministry in rolling out the full functionalities of the new HR information system. The Ministry requires targeted assistance to complete several additional modules to be linked to the system. Activity 1.3.5 will support the MFAEI to further run the call centre in the CAD. This part is entirely funded by the Kingdom of Norway, and was separated from the Activity 1.3.3. for financial reporting purposes. The operation of the Call Centre at the Consular Affairs Department will improve the access to information for the Moldovan citizens abroad, reduce the workload of staff and contribute to better capacity of the DCA in service delivery. 14 Activity 1.3.6 will consist of the follow-up actions related to the implementation of the Ministry’s training and educational concept. The project will aim to support the establishment of the continuous training system, including a training unit in the MFAEI. Assistance will also include the equipping of a dedicated library, but also promoting the use of various tools for acquiring knowledge and aptitudes, such as distance learning, online courses, internships etc. The detailed subjects to be incorporated in the plans are described in the relevant annexes. Activity 1.3.7 will aim to further increase openness and transparency of the MFAEI to the public and media through the design and establishment of a system that will allow public access to information regarding the accession, adherence, adhesion, acceptance, approval, ratification, suspension, and denunciation of international Treaties. The project will continue to support the MFAEI in its efforts of applying a variety of tools in communicating with the public. This will contain the update of the website to include new technologies (including social media). MFAEI will be also supported in organizing on-site visits, including outside the capital, press clubs, press trips etc. A special chapter will be devoted to increase the engagement of the civil society in the work of the MFAEI and in communicating about the EU integration efforts. Component 2: European Integration The 2nd project component will be supporting selected Moldovan public institutions involved in the negotiation of the Association Agreement. The list of institutions to be supported is indicative and is based on the analysis of the support already offered, or planned to be offered by other projects in the near future. The following institutions will receive external expertise and individualized coaching on pertinent matters related to the AA negotiation and implementation: - Ministry of Agriculture and Food Industry / Sanitary Veterinary Agency - Ministry of Internal Affairs; - Ministry of Environment; - Ministry of Finance; - Ministry of Health; - Ministry of Labour, Social Protection and Family; - Ministry of Information Technologies and Communications - Ministry of Constructions and Regional Development; - Ministry of Transport and Road Infrastructure. The project will undertake regular needs analyses for identifying emerged needs and will also make such information available through working-level and formal communication channels to other development assistance providers. In addition the project will support the specific trainings organized at regional level by the acceding countries. A special training programme on EU matters will be agreed with the Ministry of Foreign Affairs and European Integration of the Republic of Croatia. Other regional activities organized by similar institutions from other countries will be also supported. The project will also bring expertise directly from such countries to the Ministries and other public institutions for capacity development activities on site. Since the full list of activities planned is long, the detailed account is provided in the annexed documents. The section on coordination describes below the ways in which the project will ensure that duplication is avoided and complementarity is sought throughout the whole operation. 2.2. The project strategic placement The UN Development Assistance Framework (UNDAF) The United Nations development assistance is based on 5 key principles of programming from the early design stage and throughout implementation: - Human rights based approach - Gender equality - Environmental sustainability - Results Based Management 15 - Capacity Development The project is part of the current UN Development Assistance Framework (UNDAF) and contributes to the overall goal of the Government and the UN “By 2012, public institutions with the support of Civil Society Organizations (CSOs) are better able to ensure good governance, rule of law and equal access to justice and promotion of human rights”. UNDP, as a leading UN agency in the area of Governance and Public Administration Reform, strives to support Moldovan public administration institutions to advance in the reform process. As the Government and the United Nations are currently designing a new assistance framework for 2013 – 2017, this intervention will be included into the next UNDAF under the already identified Democratic Governance, Justice, Human Rights, Rule of Law, Equality and the Empowerment of Women area. National Development Strategy Adopted in 2008, the National Development Strategy (NDS) covers the national macroeconomic framework, economic growth and social development objectives, such as poverty reduction, public administration reform, and the longer-term objective of EU accession. The current NDS will expire in 2011, and the Government has committed to preparing a new comprehensive strategic planning document – “Moldova 2020”. Seven priorities are currently forming the basis of the new document: 1. Aligning the education system to labour market needs in order to enhance labour productivity and increase employment in the economy. 2. Public investment in the national and local road infrastructure in order to reduce transportation costs and increase the speed of access. 3. Reducing financing costs by increasing competition in the financial sector and developing risk management tools. 4. Improving business climate by streamlining the regulatory framework and applying information technologies in public services for businesses and citizens. 5. Reducing energy consumption by increasing energy efficiency and using renewable energy sources. 6. Financial sustainability of the pension system in order to ensure an appropriate rate of wage replacement. 7. Increasing the quality and efficiency of justice and fighting corruption in order to ensure equity for all citizens. All these priorities are included also in the new Association Agreement that is currently negotiated by Moldova with EU. The new strategic planning document should represent a single planning document that sets priorities for National Development and European Integration over the medium term and form the basis of the annual action plans at the central and line ministry level. On 17 February, the Government of Sweden adopted the next Cooperation Strategy that will guide Swedish-Moldovan cooperation during 2011-2014. The strategy’s overarching objective is that Moldova will become well integrated with the European Union and its values. The Swedish support will comprise three sectors: Democracy, Human Rights and Gender; Sustainable Infrastructure, and Market Development. The support will strengthen continued harmonization of legislation and regulations to that of the EU with particular focus on gender equality and respect for human rights. Investments in energy infrastructure will complement support to institutional reforms to contribute to more sustainable development in line with international commitments. Increased trade will be encouraged through harmonization to EU regulations and efforts to lower cost of doing business in Moldova. 2.3. Current donor assistance and coordination with other projects This section will describe in brief which projects are working in the area of intervention of this initiative, will describe briefly the aid-coordination architecture in Moldova and will explain how the coordination will be done by the project management. 16 The project is linked to a number of interventions undertaken by UNDP and other development partners. Primarily this is the European Union Delegation through a number of instruments. Bilaterally, member states are also directly supporting the work related to the European Integration efforts of Moldova. During the design of the Project second phase it became clear that there is no unified information about all programmes and projects supporting the EU integration process, while the stakeholders highlight a clear need in such a database. To meet this need, the project staff has analysed and made available to the EU and the State Chancellery an exhaustive matrix11 of the different international projects contributing to this area. These may be found as annex to this document for reference only, and will in the future be located in the State Chancellery; it will be made available through a new information management system. The key projects providing support in the area of EU integration are: the interventions under the EU CIB (currently being designed), The World Bank-Government of Moldova Multi-Donor Trust Fund for the Central Public Administration Reform, the EU High Level Policy Advice Mission (EUHLPAM), the UNDP Transitional Capacity Support to the Public Administration Project (TCSPA), as well as several on-going Twinning projects. In order to enhance the efforts aimed at the same goal the project will strengthen coordination with these interventions. Both above-mentioned UNDDP projects support the national efforts for strengthening the public administration capacities in order to accelerate the reform process and achieve Moldova’s shortand medium term development goals, while the particular attention is given to EU Integration process. They contribute to the implementation of a priority package of reforms by the Government of Moldova (in line with the National Activity Programme and EU integration agenda), in particular, and to the negotiation and implementation of the new agreement between the EU and Moldova in general. The “European Union High Level Policy Advice Mission to Moldova” project provides support in the development of sector policies, elaboration of strategic development programmes and provides targeted assistance to line Ministries on preparation for the negotiations with EU in individual sectors. This project deploys of a group of high level long-term policy advisers to the main public institutions and supports them in designing, implementing and monitoring relevant policies and measures. The UNDP “Transitional Capacity Support for the Public Administration of Moldova” aims at supporting the Government in enhancing capacities of the Moldovan Central Public Administration in order to accelerate the reform process and achieve Moldova’s short- and medium term development goals. The project seeks to address urgent short-term capacity needs of the public administration through contracting short and medium term national consultants (for placing them within the beneficiary institutions) and delivering targeted trainings and coaching to specific institutions. Although this project has shown very good results in strengthening human resource capacities, it is obvious that its areas of intervention depend on the availability of national expertise. The general approach with regard to this situation is that the MFAEI project intervenes in the activities that cannot be implemented, as a general rule, by a Moldovan national expert. The EU is currently funding several projects that are preparing the grounds for the EUCIB programme or that are to be seen as complementary. An EU-funded Technical assistance to support the Government of Moldova in building the capacity for application of Twinning, TAIEX and SIGMA instruments, and to provide support in preparation and implementation of the Comprehensive Institution Building programme project started in the fall 2011. The World Bank manages a Multi-Donor Trust Fund that is supporting the implementation of the Central Public Administration Reform and provides support in enhancing the policy management capacities at the central level and within the line ministries. World Bank, IMF, SIDA and other 11 See Appendix 4: List of on-going Projects related to EU integration as a provisional input into the above-mentioned system 17 actors assist the Government in public finance management issues and tax reform; while USAID is covering issues related to tax administration, competitiveness enhancement, business regulation, and good governance. Moreover, USAID plans a large Rule of Law programme. The Government and the donors have renewed intentions to follow the aid effectiveness agenda in Moldova through a new “Partnership Principles (PP) on harmonization and coordination of aid” signed by the Government and 22 development partners in early 2010, and later supported by the Partnership Principles Implementation Plan endorsed by the Donors and the Government. At the same time, the Regulation on the institutional framework and mechanism for coordinative the external assistance, which provides for the establishment of the sector boards for the coordination of external assistance, has been approved by the Government Decision No. 12 of 19 January 2010. This was aimed to provide the basis for the work on donor coordination in general, and at sector level in particular, by establishing the sector coordination boards with their membership and functions (See Figure 1). Figure 1. Aid Coordination Mechanism in Moldova An Inter-ministerial Committee for Strategic Planning was created to ensure an integrated strategic planning process in which the national priorities, laid out in the national strategic documents, are co-related with the policies developed by the central public administrations specialized bodies and the international commitments (MFAEI Minister is a member of the Inter-ministerial Committee) The Joint Partnership Council is an advisory body, meant to ensure the efficiency and effectiveness of the foreign assistance provided to the Republic of Moldova by international organizations and donor countries (Representatives of the MFAEI are members of the Joint Partnership Council). EU Comprehensive Institutional Building Programme (CIB) In May 2010, Republic of Moldova became the first Eastern Partnership country to sign a Memorandum of Understanding with the European Commission for the implementation of the Comprehensive Institutional Building Programme. The signed CIB Framework Document identifies key reform challenges and provides an indicative list of institutions which will directly benefit from the CIB Programme. This programme will target the reform of the public administration to ensure capacity to implement the future Association Agreement; it will contribute to ensuring respect for the rule of law, human rights and fundamental freedoms; and it will prepare Moldova for the 18 negotiation and implementation of Moldova’s commitments under the Deep and Comprehensive Free Trade Area, which will be set up under the Association Agreement. The EU Comprehensive Institution Building Programme (CIB) is an innovative programme focusing on capacity building in the partner countries, identifying weak spots and addressing these through training, technical assistance and equipment where necessary. It is expected that in Moldova CIB will reach the implementation stage in the second half of 2012. It will provide €41.6M of support as part of the National Indicative Programme 2011-2013, including for service (technical assistance) and goods to ten core governmental institutions critical for the implementation of the commitments under the EU - Moldova Association Agreement and DCFTA and to accelerate Moldova’s accession process. CIB seeks to address core reform challenges, including: Reforming the public administration, Consolidating the rule of law and respect for human rights and fundamental freedoms and Preparing the Republic of Moldova in view of a possible future deep and comprehensive free trade area with the European Union. Thus, the EU provides to its partner Moldova more intensive help than before, to achieve the reforms necessary to be eligible for what is on offer in the Eastern Partnership. The EU is also preparing a programme Support to the Justice Sector Policy Reforms in Moldova, with the objective to accelerate a sustainable justice sector reform and to increase the efficiency of the Judiciary and the Ministry of Justice. As part of this project, support to the Prosecutor's Office is envisaged, to further ensure the independence of the prosecution (that is in line with provisions of the EU-Moldova Association Agreement). Important coordination aspects and approach to delivering support in relationship to other projects working in the area (the EUCIB, EUHLPAM, TCSPA, twinnings, and other projects) The EU CIB actions are currently being designed, which makes it difficult to plan in detail the interventions under this project. The project will avoid duplication with the instruments that will be run within the EUCIB (and other actions). This will be ensured through constant dialogue and the mechanisms utilized by UNDP: the project board, the working level coordination among the projects, and the continuous engagement of the beneficiary institutions in the design of the terms of references for each activity planned. The Strategic Development Plans of the selected core institutions represent the basis for the design and implementation of the CIB and will reflect measures to build capacity for the fulfilment of European integration functions. The MFAEI project would ensure that activities implemented within the project are in line with the Strategic Development Plans and are properly coordinated with the Delegation of the European Union to Moldova. The Support to MFAEI Project will maintain close coordination with all partners involved, will ensure synergies, avoid overlaps in project implementation, collaborate with other donors working in the same area, and provide relevant information to the project. Regular project team meetings will be organized to discuss the activities planned. Every activity’s terms of reference (ToR) is to be initiated by the beneficiary institution and reviewed by the MFAEI and where possible the State Chancellery or other coordinating body. An input into the ToR development will be expected also from the EU High Level Advisors (or drafted in collaboration with them). Before seeking the supplier for the services under the ToR, UNDP will clear it with the EU Delegation’s responsible officer in order to avoid any duplication. The services are sought usually through individual consultancies, service contracts with companies, or through engagement of seconded staff of other countries’ specialists working in the public sector. The beneficiary institution, a EU HLA, a MFAEI representative, and a UNDP officer will take part in the evaluation of offers for service provision. The evaluation of the services performed will be done by the beneficiary, the MFAEI and UNDP. Links and Synergies with the Central Public Administration Reform Programme 19 The Moldovan Central Public Administration Reform (CPAR) program has been running since 200512. Priority Plans for 2011 and beyond will impact on HRM related legislation and thus require further reforms within MFAEI. They include: o o o o o o Restructuring of central public administration to create an efficient, functional and sustainable institutional framework governed by law and provide quality public services to population; Ensuring a transparent, rightful, effective and efficient decision making; Modernization of public services by cutting red tape and improving the quality of services with the highest positive impact on citizens; Improvement of public office management; Improvement of civil servants’ management; Improvement of professional skills of staff in public authorities The MFAEI is now seeking to modernize its HRM policies and procedures in accordance with Moldovan Legislation, Moldovan Central Public Administration Reform and EU ‘Good Practices’. Hence the following legal background has been considered: the Concept on Personnel Policy within the Public Services, adopted by decision of the Parliament of the Republic of Moldova No. 1227 of July 18, 2002; The Law on Diplomatic Services; February 2002 The Regulation on Diplomatic Missions; November 2005 The Civil Service Law: Public Office and the Status of Civil Servants; December 2008; The Civil Servants Code of Conduct; January 1st, 2009 The Framework Regulation of HR units in public authorities; December 2010 The Civil Service Performance Evaluation processes and procedures; March 2009 . The Strategy of the Central Public Administration Reform in the Republic of Moldova, December, 2005 The MFAEI will work closely with State Chancellery for the implementation of the new Government Civil Service Pay System (and ensure that diplomatic positions reflect grades of new system). The project will support the MFAEI in this endeavour. Links and Synergies with the “Strengthened Policy Management Capacity Project” The goal of this project is to ensure effective implementation of National Development and European Integration Objectives. The purpose of this project is twofold: Implement effective policy management systems across the whole of government as a framework for achieving National Development and European Integration Objectives; Build capacity of central government and all line ministries to manage the policy process, using more effective tools. The project key results are: Enhanced Capacity for Policy Management at Central Government Level; Enhanced Capacity for Policy Management at Line Ministry Level; Effective Participation of Civil Society in Policy Management at Central and Line Ministry level. Considering that the Strengthened Policy Management Capacity Project will contribute also to the Government efforts towards EU accession (pursuing the goal of consolidating EU integration activities with national and sector level development objectives in planning documents; Building the 12 Full information on the Central Public Administration Reform process may be found on http://www.rapc.gov.md/ 20 capacity of policy planning departments to become drivers of the process of allocating, managing and coordinating donor funding at the sector level ; Supporting institutional and procedural reform initiatives that bring EU planning departments closer to those responsible for national planning) MFAEI Project will maintain close coordination with the partners involved, ensure synergies, avoid overlaps in project implementation. The Government of Moldova reiterated the commitment to the Central Public Administration Reform approved in 2005, as reflected in the Government Programme “European Integration: Freedom, Democracy and Welfare” 2011-2014. This programme also promotes real economic integration with the EU, particularly by supporting a future Deep and Comprehensive Free Trade Agreement. Under CPAR, all ministries and other central administrative authorities prepared Institutional Development Plans for 2009-2011, as a tool for activity prioritization and identifying the needs of capacity development. In March 2011 the methodology for new Strategic Development Programs was adopted by the Government and the new Strategic Development Programs for all central public authorities will be elaborated throughout 2011. The Strategic Development Programs will fulfil the role of Institutional Reform Plans foreseen to be developed as part of the CIB. In this context the CIB will support the Government in the application of the new Strategic Development Program methodology for those institutions covered by the CIB Framework Document. These institutional frameworks for coordination are new or evolving, and strengthened attention to coordination, in particular between the MFAEI and the State Chancellery (the National Authority for aid coordination), is seen as a priority for the effective achievement of the European Integration objectives. To strengthen the coordination role of the MFAEI in negotiations process the project proposed several approaches: o o o o Studying of best practices on coordination tools, information exchange tools used by national coordinating authorities in the accession countries; Coaching and consulting on improvement of coordination role Internships / study tour(s) of one or two MFAEI staff to the selected twin institution to familiarise with existing practices; Development, adoption and enforcement of new working procedures; Improvement of the reporting style / techniques; development and adoption of reporting templates / e-reporting, etc). The project will ensure a permanent contract with State Chancellery, EU Delegation, EUHLPAM Team, TCSPA Project, and other related projects to ensure synergies and avoid duplication of efforts. Project staff will participate (is participating) in the Steering Committee meetings (other related events) organized by other projects and will propose meetings on ad-hoc basis to discuss any relevant issues regarding AA negotiations/implementations, DCFTA, and others. Sustainability The current project lays down the basis for the establishment of a modern, efficient, transparent public service within the MFAEI (and partly within other line institutions). UNDP will seek to apply extensively a capacity development approach throughout the project implementation, residing primarily on the assumption that each action done by the project should be connected to a nationally owned process. In making available the expertise from outside, the project will require that the consultants do not only deliver the products required from them (reports, studies, draft documents), but also coach on a daily basis the responsible national counterparts. In addition, this project will seek more extensively to promote non-monetary incentive mechanisms13 for the public professionals involved in the AA-related work. 13 A discussion is under way on the ways of establishing cash-incentives in the form of performance bonuses. 21 The results expected at the end of the intervention have sound sustainability prospects for the following reasons: - The envisaged support is part of a national process that has as back up a strong political commitment to the utmost priority for Moldova – European Integration; - The staff in the public institutions that the project is going to work with have incentives and motivations to become experts in their areas when it comes to aligning to EU standards; - The support is flanked by other donors’ interventions that are complementary, and that are also boosting leadership and management capabilities in institutions that are being targeted (the EUHLPAM, TCS, EUCIB interventions, and other projects); The above are under the assumption that all risks identified by the project are well-captured and carefully mitigated. (see the relevant Appendix). 22 Part III. MANAGEMENT ARRANGEMENTS The project will be implemented under the National Implementation Mechanism (NIM). The Government of Moldova through the project implementing agency - the Ministry of Foreign Affairs and European Integration - will be responsible for decision-making and implementation of Project activities; UNDP will provide quality assurance, project inputs and, when necessary, support services. The overall supervision is provided by the Project Board (Steering Committee). It will include representatives of the Ministry of Foreign Affairs and European Integration, the State Chancellery, other line ministries, UNDP and project donors. EU Delegation will be invited to the PB as the lead organization in the EU integration work. The Deputy Minister of Foreign Affairs and European Integration (Chief Negotiator of the Association Agreement between European Union and Republic of Moldova) shall be appointed as the National Coordinator (NC), responsible for supporting the implementation of this project, and will serve as a focal point on the part of the designated institutions. This will include primary responsibility for engaging in continuous and effective dialogue with the main stakeholders (namely the MFAEI`s representatives, other line ministries and Governmental agencies, CSOs, Donor community and the general public) during the implementation period, as well as ensure effective monitoring and evaluation of the project progress and respectively its results as per under UNDP M&E rules. The Director of the European Integration Department of the MFAEI shall be acting with delegated authority from the NC to engage in more operational activities and to ensure the smooth functioning of the project. UNDP Moldova will support the MFAEI with implementation support services according to the Agreement between the Government of Moldova and UNDP for provision of support services for the National Execution Modality of May 27, 2003. UNDP will provide narrative and financial reporting to the donors of the project on a regular basis as determined by the specific cost-sharing agreements. In its projects, UNDP follows the internationally recognized standards reflected in its Programme and Operations Policies and Procedures14. The Project Board is appointed to provide overall direction and management project and is responsible for ensuring that the project remains on stream to deliver products of the required quality to meet the expected outcomes defined in the Project Document. Furthermore, the Board is accountable for the success of the Project and has responsibility and authority for the Project within the instructions set by UNDP programme management. The Project Board approves all major plans and authorizes any major deviation from agreed Project work plans. It ensures that required resources are committed and arbitrates on any conflicts within the project or negotiates a solution to any problems between the project and any parties beyond the scope of the project. In addition, it approves the appointment and responsibilities of the Project Manager and subsequently of the team, who, in current the arrangement are located in the MFAEI and contracted by the UNDP. Harmonised Approach to Cash Transfers (HACT) The project has adopted the Harmonized Approach to Cash Transfer (HACT) modality as part of the joint efforts by the UN agencies towards greater ownership of project activities and results by the national counterparts. Hence some project components will be managed through a variety of tools including the direct cash transfer modality, as appropriate. Adoption of the new harmonized approach by UNDP was a further step in implementing the Rome Declaration on Harmonization and Paris Declaration on Aid Effectiveness that call for a closer alignment of development aid with national priorities and needs. The approach allows development efforts to focus more on strengthening of the national capacities for management and accountability, with a view to gradually shift to utilizing national systems. It is envisaged that HACT will help further shape the capacity development interventions and provide support to new aid modalities. Before applying the modality, a HACT micro-assessment of the MFAEI had been conducted in order to evaluate the 14 http://content.undp.org/go/userguide/results 23 adequacy of the implementing partner’s financial management systems and internal controls. It also indicated strengths & weaknesses of financial management practices, and identified possible areas for capacity development. Project Assurance: Assurance is a key element of the PRINCE2 management method, upon which the Project Management Arrangements are based. ‘Assurance’ is essentially an independent audit function, whereby the Project Board is able to execute independent project oversight and to monitor progress against the agreed plans. This ensures that appropriate project management milestones are managed and completed. The Project Assurance is the responsibility of each Project Board member. On behalf of UNDP, as senior project supplier, the function is delegated to a UNDP Portfolio Manager. The National Coordinator may appoint a representative (delegated authority) of the implementing partner to carry out the project assurance role on behalf of the project executive. Visibility and Communication actions The project will ensure tracking of achievements and proper visibility of results, including donors’ contributions through innovative and traditional communication tools (media, web, printed materials, TV, radio etc.). A special communication plan will be developed by the project management and updated annually. The communication actions will be agreed with project donors and will be in line with donor’s guidelines. The materials produced will bear the donor’s logos and will acknowledge the support received. Part IV. MONITORING AND EVALUATION Monitoring and Evaluation of Project’s results Monitoring is a continuous function that aims primarily to provide the main stakeholders of this project with early indications of the quality, quantity and timeliness of progress towards delivering intended results. Therefore, all project activities will be subject to continuous monitoring by project implementers and beneficiaries against the indicators determined in the project Communications and Monitoring Plan, which will be developed during the project inception phase. Effective monitoring requires assessment of project progress against the plan and management of any deviations. The Project Document and any detailed work-plans prepared by the Implementing Partner provide a basis for progress assessment. In carrying out such monitoring activities, the following tools are set up and should be regularly updated in different timeframes. Within the annual cycle: On a quarterly basis, a quality assessment shall record progress towards the completion of key results, based on quality criteria and methods captured in the Quality Management table. An Issue Log shall be activated in Atlas and updated by the Project Manager to facilitate tracking and resolution of potential problems or requests for change. Based on the initial risk analysis submitted (see annex 1), a risk log shall be activated in Atlas and regularly updated by reviewing the external environment that may affect the project implementation. Based on the above information recorded in Atlas, a Project Progress Reports (PPR) shall be submitted by the Project Manager to the Project Board through Project Assurance, using the standard report format available in the Executive Snapshot. The project Lessons-learned log shall be activated and regularly updated to ensure ongoing learning and adaptation within the organization, and to facilitate the preparation of the Lessons-learned Report at the end of the project The Monitoring Schedule Plan shall be activated in Atlas and updated to track key management actions/events 24 Annually: Annual Review Report. An Annual Review Report shall be prepared by the Project Manager and shared with the Project Board and the Outcome Board. As a minimum requirement, the Annual Review Report shall consist of the Atlas standard format for the QPR covering the whole year with updated information for each above element of the QPR as well as a summary of results achieved against pre-defined annual targets at the output level. Annual Project Review. Based on the above report, an annual project review shall be conducted during the fourth quarter of the year or soon after, to assess the performance of the project and appraise the Annual Work Plan (AWP) for the following year. In the last year, this review will serve as the final assessment. This review is driven by the Project Board and may involve other stakeholders as required. It shall focus on the extent to which progress is being made towards outputs, and that these remain aligned to appropriate outcomes. All evaluations of the project, or related outcomes should be considered, along with their respective management responses and action plans. Findings from these should inform the review. The review will be structured by a set of common standards, and will be subject to spot external quality assurance assessments. This review should update output targets and results achieved. In order to ensure the effective monitoring and evaluation of project results, maintain continuous cooperation between all project’s partners at all stages of Project implementation, the Project Board will meet every 3 - 4 months. The members of the Project Board will provide feedback on lessons learned, propose corrective actions to solve problems, ensure accountability, and make recommendations how to improve the quality of current and future interventions. Considering that one of the primary concerns is to ensure that all parties interested in the project have available, on a timely basis, all required information to exercise effective oversight over the project, regular evaluation and monitoring tools will be used as described above. Project evaluations will assess the efficiency and effectiveness of a project in achieving its intended results. It will also assess the relevance and sustainability of outputs as contributions to mediumterm and longer-term outcomes. Project evaluation A complex project evaluation will be conducted at the end of the intervention to assess the relevance, effectiveness, efficiency and degree of sustainability of project results. Capacity development will be a key cross cutting issue for consideration. For the project evaluation UNDP will use its Monitoring and Evaluation guidelines in full compliance with OECD DAC criteria for evaluating development assistance interventions. Audits Audit is an integral part of the sound financial and administrative management, and of the UNDP accountability system. UNDP projects are audited regularly and the findings are reported to the UNDP Executive Board. The audit of projects provides UNDP with assurance that resources are used to achieve the results described in the project document and that UNDP resources are adequately safeguarded. This project, in particular the components under which transactions are managed by UNDP, will be subject to the regular scheduled audit exercise of the country office. Under the components managed through direct cash transfers, the implementing partner (in this case the MFAEI) through the UNDP Country Programme Action Plan15, agrees for special audits for such components. UNDP in consultation with the partners will establish an annual audit plan, giving priority to audits of Implementing Partners with large amounts of cash assistance provided by UNDP, and those whose financial management capacity needs strengthening. 15 http://www.undp.md 25 The Supreme Audit Institution in the country may undertake the audits of government Implementing Partners. If the SAI chooses not to undertake the audits of specific Implementing Partners to the frequency and scope required by UNDP, UNDP will commission the audits to be undertaken by private sector audit services. Assessments and audits of non-government Implementing Partners will be conducted in accordance with the policies and procedures of UNDP. Risk Log and Risk Management Risks have been identified as part of the formulation process and captured in the risk log below. The project Risk Log is maintained throughout the project implementation to capture potential risks to the project and associated measures to mitigate risk. The Project Manager is the main role player who maintains and updates the Risk Log, and ensures that risks are identified, communicated, and managed effectively. Capacity Assessment: The project’s main implementing partner has gone through a capacity assessment exercise. The following findings are relevant for this document. During the elaboration of the Institutional Development Plan of the MFAEI a Detailed Capacity Development Framework was designed. The purpose was the self-assessment of organizational capacity to identify current strengths and areas for improvement using a UNDP-recognized methodology. The purposed Capacity Development Programme aimed at strengthening the organizational capacity of the MFAEI as effectively as possible over the period (2008-11) through more effective alignment of its assets and resources. Five strategic areas for development have been identified and picked up in the Institutional Development Plan: 1. Strengthening the MFAEI’s leadership and management capital for greater readiness and more effective alignment of leadership and management competencies; 2. Strengthening capacity to implement the Ministry’s mission through a more result-oriented and stakeholder focused capacity development programme; 3. Improvement of the Human Resources Management for greater readiness of staff at all levels to be given, and to accept responsibility for their activities, and accountability for the results in the delivery of the IDP; 4. Improving the Financial Management – especially for non-financially qualified managers - to align financial management with the strategic objectives. 5. Strengthening the information and knowledge capital for greater readiness of the whole range of conventional and ICT-based knowledge sharing applications and processes that will, in turn, strengthen capacity for more effective learning, internal and external communications, and for better public and media relations.16 The following priority actions have been recommended to ensure the strengthening and harmonization of the financial management areas: 1. The internal procedure for the process of budgeting to be more elaborated, formally approved and implemented in order to allow for adequate and efficient management of donor funds and reporting; 2. Elaboration of the staff management policy should be done and implemented; 16 The CDP document is available with project management and the MFAEI 26 3. The internal policies and procedures at the Budget & Finance Direction in relation to the conflict of interest and related party transactions, insurance policy, cash and bank operations should be elaborated and implemented; 4. Elaboration and approval of the internal regulations for accounting and financial management processes of the subordinated missions; 5. Establish adequate internal audit function covering all areas, including operational, financial, information technology; 6. Procure and implement an information system, which allows for better accounting, monitoring, consolidating financial and management information for better decision making and for the assurance of integrity, completeness and confidentiality of data. The project will engage other responsible partners in implementing the activities, i.e.: a. ProEuropa Centres for the implementation of the awareness raising components and/or other specialized organizations; b. The Ministry of Justice and the Centre for Legal Approximation(and/or other relevant institutions) for the legal approximation activities proposed Capacity assessments of these institutions are done separately during the course of the project implementation and reports are made available to the project board. Part V. Legal Context This document together with the CPAP signed by the Government and UNDP which is incorporated by reference constitute together a Project Document as referred to in the Standard Basic Assistance Agreement between the Government of the Republic of Moldova and the United Nations Development Programme, signed by the parties on October 2, 1992, and the amendment of the same of July 5, 1997. The host country implementing agency shall, for the purpose of the Standard Basic Assistance Agreement, refer to the government co-operating agency described in that Agreement and all CPAP provisions apply to this document. Consistent with the Article III of the Standard Basic Assistance Agreement, the responsibility for the safety and security of the implementing partner and its personnel and property, and of UNDP’s property in the implementing partner’s custody, rests with the implementing partner. The implementing partner shall: o o put in place an appropriate security plan and maintain the security plan, taking into account the security situation in the country where the project is being carried; assume all risks and liabilities related to the implementing partner’s security, and the full implementation of the security plan; UNDP reserves the right to verify whether such a plan is in place, and to suggest modifications to the plan when necessary. Failure to maintain and implement an appropriate security plan as required hereunder shall be deemed a breach of this agreement. The implementing partner agrees to undertake all reasonable efforts to ensure that none of the UNDP funds received pursuant to the Project Document are used to provide support to individuals or entities associated with terrorism and that the recipients of any amounts provided by UNDP hereunder do not appear on the list maintained by the Security Council Committee established pursuant to resolution 1267 (1999). The list can be accessed via 27 http://www.un.org/Docs/sc/committees/1267/1267ListEng.htm. This provision must be included in all sub-contracts or sub-agreements entered into under this Project Document”. Appendix 1: Project Results and Resources Framework Appendix 2: Indicative Budget and Timeframe of Activities Appendix 3: Risk Analysis Appendix 4: List of ongoing Projects related to EU integration 28