MFAEI Support - Negotiations Component

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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
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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
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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.
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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
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(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).
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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
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