TWINNING FICHE
Implementation of Integrated Border Management in Serbia
1.
Basic Information
1.1 Program: 2006 Budget
1.2 Publication and Twinning number: SR 06 IB JH 01
1.3 Title: Integrated Border Management project
1.4 Sector: Justice & Home Affairs
1.5 Duration: 18 months (not including the 3 months preparation phase)
1.6 Beneficiary country: Republic of Serbia
2.
2.1
RATIONALE
Strategic framework
With the break-up of former Yugoslavia into several independent states, new borders
were created. This break-up lead to limitations in movements of persons, goods,
capital and services, which in turn hampers economic and social development in the
region.
All the ex-Yugoslavia states, including Serbia, have applied for EU membership. As
free flow of persons, goods, capital and services is a corner stone in European Union
policies, the European Partnership Agreement between the EU and Serbia
encourages Serbia to develop and modernise institutions responsible for crossborder commerce facilitation and to ensure implementation of the Serbian Integrated
Border Management strategy (IBM strategy), as well as the associated Action Plan
(AP). The IBM strategy and the associated Action Plan are undoubtedly steps in the
right direction. Furthermore, over the last three years EU has provided significant
assistance towards IBM relevant services. However, only in February 2007, did the
Serbian Border Police complete the take over of all borders from the army so Serbia
still has a long way to go before it will be compatible with EU IBM standards and
rules in the IBM area.
1
For the IBM strategy and the AP to be successfully turned into day to day practices
this will require an unprecedented level of co-operation and coordination among all
IBM relevant services regarding all aspects of IBM operations, including – but not
limited to - at the border crossing posts. To achieve these goals it will be necessary a
high degree of information sharing and setting joint strategic objectives. In addition,
the internal, inter- agencies co-operation should be coupled with cross border
cooperation with the sister services in neighbouring countries.
Finally, successful implementation of the IBM strategy and the associated AP
requires a legal and institutional basis for all IBM relevant services. This is the basis
for this twinning fiche.
2.2 Complementary actions
Over the last four years the European Union, through the EAR, has implemented
several EU funded projects pertaining to the border police, custom services as
well as veterinary and phyto-sanitary services. While these projects have differed
in project scope, they have all contributed to building administrative and
operational capacity in the respective services. While some of the projects have
provided technical assistance, others have centred on providing necessary
equipment for the institutions to fulfil their mandates. Finally, significant funds
have been allocated toward building infrastructure at selected border crossing
points. With the adoption of the Serbian IBM strategy in January 2006 and the
adoption of the associated Action Plan in June 2006 the required roadmap for
further cross-institutional and inter-governmental cooperation is established.
Below is short description of some of the projects which have been undertaken or
which are in process.
Physical infrastructure – Border Crossing Points: The EU has through the EAR
financed construction of border crossings stations at Horgoš, Batrovci and Preševo,
all affecting Serbian part of the so-called Corridor X.
Physical infrastructure – Railways: The railway border crossing point at
Dimitrovgrad railway station (bordering Bulgaria), represents the continuation of the
intervention along the Corridor X and is scheduled for implementation in 2007.
In addition, from 2003 the EAR has managed project funds to support the Serbian
police, including projects to facilitate improvements in the border police. Projects
include assistance to develop an Action Plan as a follow up to the Integrated Border
Management Strategy. Furthermore, the EAR has also provided assistance to the
Ministry of Agriculture. In 2005, a Twinning project assisted with reform of the
Serbian Veterinary and Phyto-Sanitary Inspections, development of new inspection
procedures and modernisation of procedures at border crossing points. This lead to
the adoption of revised legislation and revised regulations.
As for the custom services they have received EU assistance from the CAFAO
program, including training.
2
UNHCR has provided assistance to legal drafting of the State Union and the Serbian
Asylum legislation and has trained border police officers in processing of asylum
seekers.
The OSCE has also assisted the Border Police in various areas, typically with
training, but OSCE has also facilitated dialogue among the different state services
leading up to the drafting and adoption of the IBM Strategy as well as the Action
Plan.
In 2004 and 2005, the CARDS Regional Program provided assistance to
establishment of compatible legal, regulatory and institutional frameworks in the field
of Visa (ICMPD) Migration (IOM) and Asylum (UNHCR).
These projects are only some of the IBM-relevant projects which have commenced
over the last years but the listed projects illustrates the wide scope and variety in
projects in this highly inter-related area and also illustrates why increase cooperation
among services is vital to successfully reach the objectives established in the IBM
strategy and the associated Action Plan.
3. Background and justification
The overall objective is to achieve “open borders” but, at the same time ensure that
Serbia’s borders are controlled and secure. Furthermore, as Serbia has applied for
EU membership IBM reforms should be compatible with EU IBM standards and
norms.
This twinning project is one component of a broader IBM agenda. Its core objective
is to facilitate institutional, operational and procedural reforms within IBM relevant
services by assisting the Serbian authorities in implementation of Serbia’s IBM
strategy and the associated AP in line with EU standards. Furthermore, this twinning
is complementary to other on-going or planned EU funded projects in the IBM area.
The following institutions have core responsibilities pertaining to IBM matters: The
Border Police (Ministry of Interior), Customs Administration (Ministry for Finance) and
the Veterinary and Phyto-Sanitary Inspection (Ministry of Agriculture, Forestry and
Water Management.) While each service has its own mandate and responsibilities in
the IBM system it is critically important to coordinate and harmonise their work to the
maximum extent possible with a view to establish functional and reliable cooperation
among them. Provided this can be achieved these services will constitute the backbone of an effective, harmonised and full service IBM system.
The Serbian IBM strategy (January 2006) outlines fundamental problems to be
resolved. However, the strategy establishes a road map for development of sector
specific strategies and implementation plans. The IBM strategy also defines
responsibilities and mandates, sets strategic goals and outline basic directions for
actions to be taken during the modernisation process.
The Action Plan (June 2006) outlines operational and organisational changes within
the various IBM relevant services. It defines specific goals and objectives, interservice relations, timelines and responsibilities of all participants in this
3
modernisation process. The Action Plan is based on operational sub-strategies,
which are part of the general IBM strategy.
The Serbian IBM strategy has been assessed by a team of external consultants, who
has deemed it to be in compliance with the European Commission's Guidelines for
IBM in the Western Balkan as well as compatible with core principles of the
Schengen Catalogues of Best Practice. Consequently, the Serbian IBM Strategy
and the associated Action Plan forms a basis for implementation of an Integrated
Border Management policy as well as a starting point for reform and modernisation
of IBM relevant services.
3.1 COUNTRY CONTEXT
After toppling the Milosevic regime in 2001, Serbia is gradually recovering
economically and politically. Substantial donor support over the last six to seven
years has played an important role in stabilising the situation and setting Serbia
on track to pursue EU membership. Despite unresolved EU related matters,
Serbia is making steady, albeit slow progress in key-areas, including in customs,
police, and veterinary and phyto-sanitary services. Serbia has also begun in some
cases with EU assistance, to rehabilitate run down physical infrastructure, including
in IBM relevant areas. While some EU IBM relevant know-how and experiences have
been implemented through a number of different programmes, a lot more needs to
be done before Serbia’s Integrated Border Management system meets EU
standards.
3.2 Cooperation related policy of beneficiary country
Serbia is seeking to harmonise (basic) legal and operational procedures among the
different IBM relevant services. Focus is on improving traffic flow, including passage
of trucks (TTFSE and CAFAO) as well as passenger vehicles and people (CAFAO)
at the border crossing points but, also focuses on improving efficiency in other areas,
including fighting organised crime (EAR). Furthermore, Serbia has engaged with its
neighbours in order to improve IBM cooperation across borders. Finally, Serbia is
actively engaged with a host of international organisations with a view to improve its
IBM services.
3.3 Sector context and linked activities
Reconstruction of new and up-grading of existing important border crossing points
have bolstered Serbia’s effort to re-integrate with its neighbours. Furthermore, all IBM
relevant services have received training and equipment to facilitate better and more
effective border control, including training pertaining to railway traffic and river traffic.
Risk analysis and targeting has been introduced so not to stop each and every car
but use this information to target examinations at the border. These improvements
have been achieved largely through EU funded programs, but with bi-lateral
assistance playing a significant role. However, only with the recent adoption of the
Serbian IBM strategy and the associated Action Plan (AP) is there a comprehensive
road map in place guiding further activities in the field of IBM. This Twinning will
support the implementation of the IBM strategy as well as the AP and provide
assistance and guidance; all in line with EU IBM standards and rules.
4
National
•
•
•
•
•
•
On-going reforms of state administration based on the recently adopted Law
on State Administration and Law on Ministries
Implementation of legislation, for instance the new Police Act, the Aliens
Act and Law on Asylum, Law on State Border Surveillance, Customs Law,
Veterinary Law, Law on Health of Plants
Establishment, mandate and organisation of Border Police
Reform of border Veterinary and Phyto-Sanitary inspections/services
Reform of Custom services
In all IBM relevant services there are on-going capacity building projects and
supply contracts (procurement of equipment) which will enable the services to
enhance their performances.
International
While considerable EU assistance have been provided to the customs services
(CAFAO), police (EAR), veterinary and phyto-sanitary services (EAR) several other
donors have provided additional assistance to relevant IBM services. The United
States, Germany, the United Kingdom (under the auspices of the EU) and the World
Bank for instance have all provided substantial assistance in the area of trade
facilitation and customs. The OSCE has played an active role in seeking to
coordinate police reforms in general and within the border police in particular.
3.4
Roadmap for Serbia
Currently the Stabilisation and Association Agreement between the European Union
and Serbia is suspended. However, becoming a member of the EU remains a
strategic goal of the government. Amongst other things, this implies acceptance of
EU IBM related standards and rules.
Consequently, in the short-term focus should remain on the following tasks:
• Drafting and adoption of primary and secondary legislation in the IBM field
• Implementation of the planned re-organization of IBM relevant services
• Continued capacity building internally in the IBM services, including continuous
education and training
• Identification of shortages and gaps which potentially hampers the IBM
services from fulfilling their mandates in fundamental areas.
In the mid-term focus should be on the following tasks:
• Implementation of all aspects of the Serbia IBM strategy and the associated
Action Plan; ensuring tight and smooth cooperation and coordination among all
services working on IBM matters throughout Serbia.
The long-term accomplishment of this overall objective will ensure compliance with
the EU provisions in the IBM area.
4.
DESCRIPTION
5
4.1
General objectives
The general objective is to improve the effectiveness and capabilities of state
services responsible for Integrated Border Management in line with EU IBM rules and
standards.
4.2
Special objectives
The special objective is to facilitate implementation of the Serbian IBM strategy
and the associated Action Plan in all relevant IBM services. This includes
coordination of operations into a series of successive, complimentary, logic and
customer friendly steps enabling the border police, customs, veterinary services and
phyto-sanitary inspectors to carry out their respective responsibilities in a time and
resource effective manner.
4.3
Activities - overview
The following is a list of activities to be completed in the border police, customs,
veterinary and phyto-sanitary inspection services during the duration of this twinning
project.
A
Drafting of primary and secondary IBM legislation. (Compatible with EU
standards).
B
Implementation of Memorandums of Understandings (MOU) between IBM
relevant services completed.
Drafting of MOU’s required for cooperation with IBM services from
neighbouring countries completed and implementation started.
C
Implementation of the Serbian IBM strategy and the associated Action
Plan through support to the Serbian IBM coordination bodies (Policy level
and Operational level)
Harmonisation of operational procedures to (i) improve cross-service cooperation within IBM relevant services completed. This includes facilitation of
dialog among the services, including management dialogue.
D
E
Complete a “what works/what doesn’t work” review, lessons learned, best
practices, including dissemination.
F
Strengthen the services capacities for fast adoption of new
procedures, legislative requirements and capability for cross service and
cross border cooperation.
Development and delivery of IBM relevant training for selected staff. This
training component should take into account what have been achieved or is
on-going under current projects so not to overlap and duplicate training
efforts.
G
6
H
Staff trained in revised procedures. In addition to their specific role enhance
the staffs understanding of the necessity for day to day cross service cooperation.
I
Assistance to review and finalise a Human Resource plan provided.
4.4
Detailed activities
The following list of activities refers to the border police, customs; veterinary and
phyto-sanitary inspection. By the end of this project is expected that all described
activities have been completed. It is recognised that implementation of revised or
new primary legislation depends on passing of legislation in Parliament. However,
every effort should be made to speed up this process so drafting of secondary
legislation and revised operational procedures can be completed within this project
as well.
A. Legal and regulatory framework
•
•
•
•
Draft and implement relevant primary legislations in the IBM field in line with
EU standards and IBM policies (Schengen Catalogue, EC Regional Guidelines
for IBM in Western Balkans, other EU standards and norms and preparation of
legislation for adoption)
To the extent possible draft and implement relevant secondary legislation
(regulations, operational orders, instructions and standards) to support
implementation of primary legislation
Review IBM cooperation with neighbouring countries and draft (or up-date)
existing MOU’s between cross-border sister IBM services
Harmonisation of additional IBM related legislation (e.g. migration, asylum, and
visa)
B. Organization and management
•
•
•
•
•
•
Support integration of the IBM border services within the respective services
mandates as defined by law and in accordance with the Serbian IBM strategy and
AP
Support completion of the organisational (re-)structuring of the IBM (border)
services
Support training of relevant staff working in the IBM services. Specifically,
examine the training needs; develop and subsequently carry out this training
Support the objectives of the IBM coordination committee as well as support
potential cross-service [ad hoc] working groups enabling them to fulfill their
objectives
Support the operational capacities of the IBM relevant institutions enabling
them to enhance effective cross-border operations with sister organisations in
neighbouring countries
Update the IBM Strategy and Action Plan as needed based on new EU IBM
developments to emerge during project implementation
7
•
Towards the end of the twinning project provide a status report regarding the
IBM services’ technical, institutional and operational capacities compared to EU
standards and norms.
C. Procedures
In cooperation with the relevant services the twinning project shall:
•
•
•
•
•
•
Examine and evaluate procedural and administrative rules under which the
IBM services operate with a view to identify potential short-comings and/or
redundancies
Examine standard operational procedures within IBM services with a view to
identify and abolish irrelevant or redundant procedures and potentially come up
with new and more effective procedures
Where required, develop effective procedures for IBM activities, including
harmonization and rationalization of border crossings procedures
Support drafting of service directives and subsequently support
implementation. This includes instructions and operating manuals for border
policing (and/or amendments to applicable sections of service-wide rulebooks,)
based on EU standards and norms
Develop sets of operational procedures for emergency situations, e.g.
epidemic outbreaks, terrorism etc. This includes drafting procedures
regarding co-operation with sister services in neighbouring countries
Draft a simple set of guidelines regarding the concept and methodology regulating
mutual cooperation among IBM services.
D. Education and training




Review and analyze existing curricula for education and training, basic as well as
in-service training, across all IBM services
Drafting a training strategy for border services and revise existing training
material accordingly
Following endorsement of the training strategy by the relevant authorities, conduct
train-the-trainer courses preparing selected trainers to conduct service-wide and
country-wide trainings
Identify specialised training needs for all border services (e.g. train Border Police
staff in asylum procedures) not otherwise covered and to the extent possible
either conduct this training or enable the relevant services to carry out this
training.
E. Human Resources
Review the Human Resource component based on the involved services own review
of staffing situation. This is primarily related to the Border Police as this service is in
the process of building up its human resources. This review is based on assessments
the services have carried out themselves, in consultation with the Ministry of Finance.
8
4.5 Mandatory results
In general, it is expected that the project will pursue and achieve all general and
specific objectives listed above.
At the end of the project the following specific results are expected to have been
achieved:
Legal and regulatory framework: A full set of draft legislation (primary and
secondary) have been drafted and at least that some – if not all - of the primary
legislation have been adopted by the Parliament - allowing for preparation and
finalisation of the secondary legislation. As for secondary legislation it is expected
that it is amended, adopted and implemented in so far as possible either based on
existing or revised primary legislation. It is furthermore expected that the drafts are
subject to internal coordination and coherence to avoid internal conflicts and
furthermore, that all legislation is in line with European best practices. At the end of
the project it is expected that potential short-comings and deficiencies identified
through the IBM cross border cooperation review is addressed and rectified, allowing
for smooth cooperation.
Main Indicators: All main legislation revised and brought into compliance with
European IBM practices. Legal inconsistencies and loop holes closed.
Organisation and management: All organisational changes foreseen in the IBM
strategy and the Action Plan have been completed, including up-dating and revision
of same documents. All training activities have been completed.
Main indicators: Inter-service and cross-service cooperation (among national IBM
services) has been institutionalised and integrated into day to day procedures.
Procedures: All day to day operational procedures have been streamlined, bringing
all IBM procedures into a series of logic and continuous procedures, allowing for
each of the IBM services to carry out their function in accordance with their mandate
and according to the law.
Main indicators: Ensure swift and smooth procedures at the border, but at the same
time ensure adequate checks and security measures against criminal cross border
activities.
Education and training: New training curriculum is adopted. All trainings foreseen
under the Twinning are completed.
Main indicators: Cross service consensus regarding the future training model has
been achieved as well as a plan for how to implement future trainings.
Human resources – especially for the Border police: A Human Resource plan has
been agreed upon with the Ministry of Finance allowing for the (gradual) build up of
the border police.
9
Main indicator: A complete human resource plan finalised and an agreement on
budget in place to ensure implementation of the human resource plan.
4.6
Risk and assumptions
Risk / assumptions
Lack of political
commitment to
implementation of
the IBM strategy
Legislation not
adopted fast
enough. Nonapproval of
draft training
and Human
Resource plans
etc.
Lack of resources financial, personnel,
technical
Reorganisation of
the public
administration
5.
Likelihood
(Low/Medium/High)
High
Impact
(Low/Medium/High)
High
High
High
High
High
Medium
Medium
Counter
Measures
Negotiation
on local level
and/or EC
Intervention
Negotiation
on local level
and/or EC
Intervention
Negotiation
on local level
and/or EC
Intervention
Negotiation
on local level
and/or EC
Intervention
INSTITUTIONAL FRAMEWORK
The main-beneficiary of this project is the Serbian Ministry of Interior. The Ministry of
Finance (Customs) and the Ministry for Agriculture, Forestry and Water
(veterinary services and phyto-sanitary services) will be secondary beneficiaries.
It is assumed that the IBM implementation will be implemented via a three tier
system:
A top-level, cross-ministerial policy co-ordination body, with participation of the
three respective Ministers (Interior, Agriculture and Finance) to decide on matters
of IBM policy.
10
Operational co-ordination body consisting of, the Directors for Border Police,
Customs, phyto-sanitary and veterinary services. This body shall decide on
overall operational matters.
Finally, cross-service working groups at local level.
The National IBM coordinator will be the focal point for communication between
the three tiers. It is furthermore assumed that the Ministry of Interior will be/is
mandated by the Government to oversee the implementation of the IBM strategy and
the associated Action Plan across all IBM services, including having the cross
authority authorisation to implement this twinning.
A Project Steering Committee (PSC) to oversee the management of this twinning will
be established. The exact composition is to be decided but with participation of highlevel representatives from the relevant services as well as EAR and/or EU
representatives.
In addition to tight coordination and cooperation on the national level among the four
services involved it is equally important to ensure cooperation and coordination
among the different EU funded projects; especially EAR and CAFAO projects.
6.
BUDGET (proposal)
Activities
TOTAL
7.
Cost
for
twinning
component
1,500,000 €
Costs
for
investment
component
/
Overall budget of
the programme
1,500,000 €
IMPLEMENTATION ARRANGEMENTS
7.1
Stakeholders
Main stakeholders in the implementation of the National IBM Strategy are:
• Ministry of the Interior (Border Police Directorate)
• Ministry of Finance (Customs Administration)
• Ministry of Agriculture, Forestry and Water Management (Veterinary Inspection
and Phyto-sanitary Inspection)
7.2
Implementing Agency
European Agency for Reconstruction
Vasina 2,
11000 Belgrade
Att: Peter Bach
Justice and Home Affairs PM
Phone: +381 11 30 26 622
Fax: + 381 11 30 23 455
11
E-mail:
peter.bach@ear.europa..eu
7.3 Partner Country Contact Persons
National IBM coordinator: Ms. Vesna Nikolic
Phone: + 381 11 31 31 719
Fax: + 381 11 311 88 90
E-mail: v.nikolic@mup.sr.gov.yu
Ministry of Interior- Border Police Directorate
Mr. Rade Krunic
Phone: +381 11 31 31 838
Fax: + 381 11 31 31 839
E-mail: krunic@mup.sr.gov.yu
Ministry of Finance- Customs service
Mr. Slobodan Nikolic
Phone: +381 11 319 5763; +381 64 858 2143
Fax: + 381 11 2699 722
E-mail: nikolicsl@fcs.yu
Ministry of Agriculture, Forestry and Water Management
Veterinary Inspection
Mrs. Sandra Baric
Phone: +381 11 2602 774; +381 63 573 163
Fax: + 381 11 2602 774
E-mail: s.baric@minpolj.sr.gov.yu
Ministry of Agriculture, Forestry and Water Management
Phyto-sanitary Inspection
Mr. Dragoljub Brajovic
Phone: +381 11 21 20 462; +381 63 491 714
E-mail brajovicd@minpolj.sr.gov.yu
8. INPUT
8.1 Member State Input
Project Leader (PL):
Must allocate minimum five days per months during the project period
Qualifications:
 Senior Police officer or Customs officer with at least 15 years of general
experience
 Of these, at least five years IBM relevant experience on management level,
e.g. with the border police and/or customs responsible for implementation of
IBM strategy in an EU MS or similar relevant experience
12





General knowledge of IBM related EU norms, specifically pertaining to the
Schengen acquis, EU IBM guidelines and EU law approximation
Experience with drafting regulations and instructions to streamline and
harmonisation cross-agency/ministerial IBM relevant services
Experience with defining training needs [cross-service as well as specific
trainings, e.g. asylum procedures for border police]
Experience with large-scale project management
Demonstrated leadership and communication skills
Tasks:
• In charge of overall project implementation, including reporting requirement
(progress reports, financial reports etc.) and chair the PSC meeting
• Secure the necessary Member State resources and ensure experts
mobilisation
• Participate in out-of-country trainings, if any
• Identify and recruit mid-term and short-term experts as required
according to the twinning work plan
Resident Twinning Advisor:
Qualifications:
• At least 10 years experience in Border Management in an EU MS
• Detailed knowledge of EU IBM guidelines and Schengen acquis requirements
and standards
• Experience with definition of training needs to accommodate cross-services
operations and cooperation
• Solid English communication skills (orally and written) and previous
experience of working in a multi-disciplinary and multi-national team
• Previous experience as project coordinator/project manager.
• Good command of English; knowledge of Serbian an advantage.
Tasks:
• To provide day-to-day advice, recommendations and “best practices”
references regarding the application of the Serbian IBM strategy, with
particular emphasis on operational considerations (e.g. management of
personnel and material resources, service standards and
operating
procedures, flexible and intelligence-lead operations, inter-service cooperating mechanisms etc)
• To support the organisational and operational development of the border
services
• To provide legal advice on drafting of secondary legislation, operating manuals
and instructions
• To assist with the development of technical, operational and institutional
capacities in border management and border surveillance.
• To promote and consolidate the principles and mechanisms of interservice co-operation
• To define operational measures to implement the project objectives
• To manage, monitor and evaluate the project activities and propose corrective
actions
13
•
•
•
•
Assist in the preparation of all project reports (inception report,
quarterly reports, final project report etc.)
To coordinate and organize training activities, study visits (if applicable),
workshops and other training related activities
To advise in aspects of operational deployment, training methodology,
resources allocation and internal coordination
To nominate and mobilize short and mid-term experts –
jointly with the PL
The RTA will be seconded to the Ministry of the Interior for a period of 18 months.
Profile of Medium and Short-term experts (MTE/STE):
The following requirements do not all pertain to the same expert but indicates which
types of qualifications are needed:
Qualifications:
• Medium-term and short-term experts will be selected among the staff of the EU
MS IBM relevant administration
• At least 5 (five) years specific knowledge in the field of Border control, Customs,
Veterinary, Phyto-sanitary services required
• Solid working knowledge of relevant EU regulations and standards in their
respective fields
• Solid practical knowledge of border control procedures for international crossing
points and/or airports
• Experience in drafting laws and regulations in relevant areas
• Previous experience with twinning an asset
• Solid English communication skills (orally and written), knowledge of Serbian an
advantage
Tasks:
• To deliver advice and assistance in specific IBM relevant topics
• To deliver trainings and advise in seminars, workshops and training courses
• To transfer practical knowledge and share experience
• Work in close co-operation with the RTA
8.3 National partner input
Project Leader
Project leader will be the head of Border Police or the deputy head of the Border
Police.
3 – 5 Project Coordinators:
The Project Coordinators will allocate full working time to work on the project, and will
function as the primary interlocutor for the RTA.
Qualifications:
14
•
•
•
The Project Co-ordinators must be experienced police officers, custom officers
and inspectorate officers (veterinary or phyto-sanitary) with at least five years
of experience
The Project Coordinators must possess sound knowledge of border control
procedures
Mandate and authority to coordinate the project activities under the
supervision and instruction of the National IBM Project Leader
Tasks:
• Overall project coordination within their specific services
• Provide support to organize and develop the activities
• Execute administrative functions and operational issues.
8.4 Commitment
The implementation of the program requires the full commitment and participation of
the senior management of the Ministry of Interior (Border Service), Ministry for
Finance (Customs Administration) and Ministry for Agriculture, Forestry and Water
Management (Veterinary and Phyto-sanitary inspections).
Strong and unequivocal political support for the implementation of the Serbian IBM
Strategy is a pre-requisite for this twinning to succeed. The Serbian partner must be
fully involved in and supportive of the development and implementation of
institutional and operational changes required ensuring the implementation and
sustainability of the reform process.
Specifically this means that the Serbian Twinning Partners commit themselves to
ensure that adequate number of appropriately mandated and qualified staff are made
available to work full-time alongside the EU MS twinning partner and that the staff
are adequately supported in terms of office resources, funds to cover any travel
costs of the Serbian authorities or police officers for training purposes. The Serbian
Twinning Partners commit themselves to ensure adequate support and basic
equipment for the work of expert team. This includes administrative support, office
space, provision of computers, printers, telephones and lines, fax and lines, access
to Internet, translation/interpretation (when required) and provision of other conditions
necessary for project operation. The contribution should also include logistic support
for the various implementation activities, including providing the EU experts with all
relevant legislation and regulations.
9.
IMPLEMENTATION TIMETABLE
Deadline for receiving expressions of interest: May 2007
Expected start of the Project: September 2007
Expected start of the Twinning assignment: September/October 2007
15
Project duration: 18 consecutive months. The project must be completed no later
than the expiry date of the disbursement period as laid down in the applicable
Financing Agreement.
10.
PROJECT
ENVIRONMENT
10.1 Conditionality
Projects to be implemented through Twinning require the full commitment and
participation of the senior management of the beneficiary institution. In addition to
providing the Twinning partner with adequate resources to operate effectively, the
senior management must be fully involved in the development and implementation
of the policies and institutional change required to deliver the project results.
The Ministry of Interior is responsible for ensuring that sufficient personnel and
material resources are allocated in timely manner to ensure the operational viability
of the twinning and associated coordination bodies and working groups.
10.2 Project readiness
The Twinning project has been prepared in direct response to request by the national
Government. There is therefore an obligation for the national authorities to be
prepared to start implementing this programme in a timely manner.
11.
SUSTAINABILITY
The Twinning project must seek sustainable solutions which shall ensure adoption of
EU standards and identified Member State best practices in the area of IBM, with
particular emphasis on the main principles of Contemporary Service Management,
including (but not exclusively) devolution of decision-making authority, transparency,
accountability, merit-based career management, public relations, proportional
response and inter-service cooperation. Adherence to the principles of the
Government-adopted should ensure acceptance and sustainability of the project.
Assistance in the development and adoption of applicable legislation, regulations and
operational procedures shall ensure the irreversibility of the reform actions
undertaken.
ANNEXES
1.
2.
3.
4.
5.
Log frame matrix
Detailed implementation timetable
Project budget
Contracting and disbursement schedule by quarter for full duration of the project
List of relevant laws and regulations (optional)
16
6. List of any relevant Government plans and studies for the sector of
intervention (optional)
17
ANNEX 1
Log frame Matrix for project" Implementation of the Integrated Border
Management"
LOGFRAME PLANNING MATRIX
Programme name and number
Contracting
2010
PROJECT TITLE:
period
expires: Contract execution
period expires: 2011
Implementation of the Integrated
Border Management strategy in
Serbia
Overall objective Objectively
Verifiable
Indicators
Total budget:
M Euro 1.5
Sources of Verification
CARDS budget:
Euro M 1.5
Assumptions
Improve
effectiveness
and capabilities
of state services
responsible for
IBM, in line with
EU
IBM
standards.
Establishment
of cross-service
and
institutionalised
channels of
communication,
coordination
and cooperation
regarding policy
and operational
issues.
Adoption of required
legislation and operational
procedures as well as
implementation of same.
Readiness to
change, including
at the top-levels.
Top level
management in the
respective services
must provide the
required leadership;
includes political
leadership as well.
Project purpose
Objectively
Verifiable
Indicators
Sources of Verification
Assumptions
Drafting,
adoption and
implementation
of relevant
primary and
secondary
legislation as
well as
operational
directives.
All legislative
acts drafted.
Legislation adopted by
Government and Parliament.
Revised standards are
Implementation working at all Border
of revised
Crossings.
standards and
procedures
started in all
services.
Readiness to
change in the field
and implement
revised rules and
procedures; special
emphasis on crossservice
cooperation.
18
Results
Objectively
Verifiable
Indicators
Sources of Verification
Serbian IBM
strategy and
Action Pan
implemented.
All objectives in
the IBM strategy
and AP
implemented.
Faster and more effective
procedures at the Border
Crossings. Customer
satisfaction – without
compromising procedures,
including security procedures.
Activities
Means
Budget
See point 4.3
Provision of
€ 1.5 M
qualified member
state personnel
with relevant
required
experiences.
Assumptions
Assumptions
Political will to
achieve the goals and
determination among
top leadership in the
respective services to
identify and
implement required
changes on all levels
– legal and
operational.
19
ANNEX 2
DETAILED TIME IMPLEMENTATION CHART/TIMETABLE FOR THE PROJECT
Title: Implementation of the Integrated Border Management
COMPONENT
2006
2007
2008
2009
S 0 N D J F MA MJ J A S 0 N D J F MA MJ J A S ON D J F
M
A
M
J
J
A
S
1. Twinning component
D = Design C = Contracting
I = Implementation
R = Review
X = Closure
20
ANNEX 3
CUMULATIVE CONTRACTING AND DISBURSEMENT SCHEDULE
Title: Implementation of the Integrated Border Management
30.09.06
31.12.06
31.03.07
30.06.07
30.09.07
31.12.07
All figures in million EURO
31.03.08
30.06.08
30.09.08
31.12.08
CONTRACTED
DISBURSED
NB:
1. All contracting should normally be completed within 6-12 months and must be completed within 24 months of signature of the FM.
2. All disbursements must be completed within 36 months of signature of the FM.
21
ANNEX 4
REFERENCE LIST OF RELEVANT LAWS AND REGULATIONS
Laws and other regulations and international agreements of importance for the
actions of the Ministry of Internal Affairs and the judicial bodies in carrying out the
tasks of state border crossing control and security.
Laws and other regulations (domestic legal acts):
-
-
-
-
-
-
-
Law on Ministries (“Official Gazette of the Republic of Serbia (RS)” No. 19/04, 84/04,
79/05);
Law on State Administration ( “Official Gazette of the RS” No. 79/05);
Law on the Police (“Official Gazette of the RS ” No. 101/05 );
Law on Crossing the State Border and Movement in the Border Zone ("Official Gazette of
the SFRY", No. 34/79, 56/80, 53/85 and the "Official Gazette of the FRY", No.28/96 and
68/02);
Law on Movement and Stay of Foreigners ("Official Gazette of the SFRY", No. 56/80,
53/85, 30/89, 26/90, 53/91; "Official Gazette of the FRY", No. 28/96 and 68/02 and the
"Official Gazette of SM", No. 12/05);
Law on Travel Documents of Yugoslav Citizens ("Official Gazette of the FRY", No. 33/96,
49/96, 12/98, 16/99, 15/00, 7/01, 71/01, 23/02, 53/02, 68/02 and 5/03);
Law on Asylum ("Official Gazette of SM", No. 12/05);
Law on Maritime and Inland Navigation ("Official Gazette of the FRY", No. 12/98, 74/99
and 73/00);
Law on Air Traffic ("Official Gazette of the FRY", No. 12/98, 5/99, 73/00 and 70/01);
Law on the Basics of Road Traffic Security ("Official Gazette of the SFRY"; No. 50/88,
63/88, 80/89, 29/90 and 11/91 and the "Official Gazette of the FRY", No. 34/92, 13/93,
24/94, 28/96 and 3/02);
Law on Road Traffic Security (refined text) (Official Gazette of the SRS, No. 53/82, 15/84,
5/86 and 21/90 and the "Official Gazette of the RS ", No. 28/91, 53/93, 67/93, 48/94 and
25/97);
Law on Transport of Hazardous Materials ("Official Gazette of the SFRY", No. 27/90 and
45790 and the "Official Gazette of the FRY", No. 28/96 and 68/02);
Criminal Procedure Code ("Official Gazette of the FRY” No. 70/01, 68/02 and the “Official
Gazette of the RS” No. 58/04);
Law on the Execution of Criminal Sanctions ("Official Gazette of the RS” No. 85/05);
Law on the Organization and Jurisdiction of Government Authorities in Combating
Organized crime ("Official Gazette of the RS” No. 42/02, 27/03, 39/03, 67/03, 29/04,
58/04, 45/05 and 61/05);
Law on the Organization and Jurisdiction of Government Authorities in the Proceedings
Against Perpetrators of War Crimes (“Official Gazette of the RS” No. 67/03 and 135/04);
Regulation оn Establishment of Border Crossings and State Border Crossing Control
("Official Gazette of the FRY", No. 2/92);
Regulation on the Arrival and Stay of Foreign Yachts and Foreign Boats Intended for
Leisure or Sports in Coastal Sea, Rivers and Lakes of the Federal Republic of Yugoslavia
("Official Gazette of the SFRY", No. 38/87, 33/88 and "Official Gazette of the FRY", No.
28/02);
Regulation on the Control of the Crossing of the Administrative Line Towards Kosovo and
Metohija ("Official Gazette of the FRY"; No. 41/02);
22
International Treaties and Conventions
Border Crossings, Border Line, Border Marks, Border Incidents, Border Rivers, Cross-Border
Traffic and other issues:
-
-
-
-
-
-
-
-
-
-
-
-
Law on the Confirmation of the Treaty between the Federal Republic of Yugoslavia and
the Republic of Macedonia on the Extension and the Description of the State Border
("Official Gazette of the FRY" – International Treaties, No. 1/01);
Law on the Confirmation of the Agreement Between the Government of the Federal
Republic of Yugoslavia and the Government of the Republic of Hungary on the Opening
and Construction of the Border Crossing Horgos-Reske ("Official Gazette of the FRY International Treaties", No. 1/02);
Law on the Ratification of the Agreement between the Council of Ministers of Serbia and
Montenegro and the Government of the Republic of Bulgaria оn Border Control and
Procedure in Railway Traffic, with Addendum („Official Gazette of SM” - International
Treaties, No. 13/2005)”;
Law on the Ratification of the Convention between the Council of Ministers of Serbia and
Montenegro and the Government of the Republic of Bulgaria оn the Renovation, Marking
and Maintenance of the Border Line and Border Marks on the shared State Border
("Official Gazette of SM" - International Treaties, No. 9/04);
Decision on the Ratification of the Agreement Between the Government of SFRY and the
Government of the People’s Socialist Republic of Albania on Measures for the Prevention
and Resolution of Border Incidents on the Yugoslav-Albanian State Border ("Official
Gazette of the SFRY" - Addendum, No. 10/80);
Rulebook on the Working Procedure of the Central Mixed Commission and Local Mixed
Commissions for the Resolution of Incidents on the Yugoslav-Albanian State Border
(drafted in Tirana on the 09.06.1978);
Regulation on the Ratification of the Protocols on the Determination of Rules for the Joint
Utilization of Water on Two Points along the State Yugoslav-Albanian Border and the
Retrieval of Ownerless Cattle Crossing the State Yugoslav-Albanian border ("Official
Gazette of the FPRY" - Addendum, No. 3/55);
Regulation on the Ratification of the Agreement between Yugoslavia and Albania on the
Manner of Proceeding of the Local Mixed Commissions in Case of Killing, Wounding or
Injury of Military Personnel or Civilians ("Official Gazette of the FPRY" – Appendix 4/58);
Decree on the Approval of the Protocol on Flying Over the Shared State Border of
Yugoslavia and Albania ("Official Gazette of the FPRY" – Appendix 10/57);
Regulation on the Ratification of the Agreement between Yugoslavia and Albania on
Waterpower Issues ("Official Gazette of the FPRY" – Appendix 11/57);
Regulation on the Ratification of the Agreement on the Unification of Documents for
Crossing the Yugoslav-Albanian Border for Official Purposes ("Official Gazette of the
SFRY - International Treaties", No. 8/86);
Decree on the Confirmation of the Agreement on the Utilization of co-owned estates on
the State Border Between the FPRY and the People’s Republic of Bulgaria ("Official
Gazette of the FPRY", No. 108/47);
Law on the Ratification of the Agreement on Partial Change of the Border Line on the
Timok River Concluded Between the FPRY and the People’s Republic of Bulgaria
("Official Gazette of the FPRY" – Appendix 3/63);
Regulation on the Ratification of the Agreement between Yugoslavia and Bulgaria on the
Manner of Investigation and Resolution of Border Violations on the Yugoslav-Bulgarian
border ("Official Gazette of the SFRY"- Addendum 7/66 and International Treaties 12/84);
Rules on the Work of Central Mixed Border Commission from the above Agreement,
drafted in Sofia on the 13.11.1968, and the Rules on the Work of Sectoral Mixed Border
Commissions and Border Plenipotentiaries on the Basis of the Same Agreement, drafted
in Sofia on 07.10.1972;
23
-
-
-
-
-
-
-
-
-
-
-
-
-
Regulation on the Ratification of the Agreement on Regulating Local Border Traffic in the
Border Zone Between the Governments of Yugoslavia and Bulgaria ("Official Gazette of
the SFRY" – Appendix 27/73);
Regulation on the Ratification of the Agreement on Cross-Border Exchange of Goods
between Yugoslavia and Bulgaria ("Official Gazette of the SFRY", - Appendix 26/71);
Decree on the Establishment of Air Corridor on the Yugoslav-Bulgarian Border ("Official
Gazette of the FPRY", No. 39/56);
Agreement Between the Council of Ministers of Serbia and Montenegro and the
Government of the Republic of Bulgaria on Border Control and Procedure in Railway
Traffic (2005);
Regulation on the Ratification of the Agreement on Fishing in the Danube Waters
between Yugoslavia, Bulgaria, Romania and the Soviet Union ("Official Gazette of the
FPRY" – Addendum 8/58);
Regulation on the Ratification of the Agreement between Yugoslavia and Bulgaria on
Fishing in Border Waters ("Official Gazette of the FPRY" – Addendum 9/62);
Regulation on the Ratification of the Protocol Amending Article 11 of the Convention on
Fishing in the Danube Waters, Signed in Bucharest on 28.01.1958 ("Official Gazette of
the SFRY" - International Treaties 8/86);
Regulation on the Ratification of the Agreement Between Yugoslavia and Bulgaria on
More Detailed Regulation of the Danube Navigation ("Official Gazette of the FPRY" –
Appendix 4/58);
Regulation on the Ratification of the Agreement on Waterpower Related Issues between
Yugoslavia and Bulgaria and the Statute of the Yugoslav-Bulgarian Waterpower
Commission ("Official Gazette of the FPRY" – Addendum 11/58);
Law on the Ratification of the Agreement between SFRY and the People’s Republic of
Hungary on State Border Crossing Control on the Danube in Bezdan and Mohac ("Official
Gazette of the SFRY" - International Treaties, No. 2/86);
Regulation on the Ratification of the Agreement on Regulating Local Border Movement of
People in the Border Zone Between Yugoslavia and Hungary ("Official Gazette of the
SFRY" - International Treaties, No. 8/77);
Regulation on the Ratification of the Convention Between Federal Executive Council of
the SFRY Assembly and the Government of the People’s Republic of Hungary on the
Renovation, Marking and Maintenance of the Border Line and Border Marks on the
Yugoslav-Hungarian State Border ("Official Gazette of the SFRY" - International Treaties,
No. 10/85);
Regulation on the Ratification of the Agreement on Fishing in Border Waters between
Yugoslavia and Hungary ("Official Gazette of the FPRY" – Addendum 4/58);
Regulation on the Ratification of the Agreement between the Government of SFRY and
the Government of the People’s Republic of Hungary on the Prevention and Resolution of
Border Regime Violations on the Yugoslav-Hungarian State Border ("Official Gazette of
the SFRY" – Addendum 6/80);
Rules on the Work of the Yugoslav-Hungarian Central Mixed Commission for the
Resolution of Border Regime Violations (Belgrade, 27.10.1979);
Rules on the Work of Yugoslav-Hungarian Local Mixed Commissions for the Resolution
of Border Regime Violations (Subotica, 22.12.1979);
Approval of the Agreement between the FPRY and the People’s Republic of Hungary on
the Procedure for the Repatriation of Persons Strayed or Those Who Have Intentionally
Crossed the Yugoslav-Hungarian Border ("Official Gazette of the FPRY" – Addendum
2/57);
Regulation on the Ratification of the Agreement on the Amendment to the Treaty on
Regulation of Cross Border Railway Traffic between the SFRY and the People’s Republic
of Hungary ("Official Gazette of the SFRY" – Addendum 51/76);
Regulation on the Ratification of the Agreement on Regulating Local Border Traffic
Between Yugoslavia and Hungary ("Official Gazette of the SFRY" – Addendum 3/66);
Decision on the Ratification of the Rulebook on the Work of the Standing Mixed
Yugoslav-Hungarian Commission for Local Border Circulation of Persons ("Official
Gazette of the SFRY" – Addendum 10/78);
24
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Regulation on the Ratification of the Agreement between the Government of the SFRY
and the Government of the People’s Republic of Hungary on the Unification of
Documents for Crossing of the Yugoslav-Hungarian Border for Official Purposes ("Official
Gazette of the SFRY" – Addendum 9/77);
Regulation on the Ratification of the Agreement Between the Government of the FPRY
and the People’s Republic of Hungary on Navigation on the Tisa River ("Official Gazette
of the FPRY" – Addendum 9/56);
Regulation on the Ratification of the Agreement Between the FPRY and the People’s
Republic of Hungary on Waterpower Issues ("Official Gazette of the FPRY" – Addendum
15/56);
Law on the Ratification of the Agreement Between the Council of Ministers of Serbia and
Montenegro and the Government of Romania on the Conditions for the Travel of Their
Citizens, with an Annex ("Official Gazette of Serbia-Montenegro - International Treaties",
No. 3/05);
Regulation on the Ratification of the Convention Between Yugoslavia and Romania on
the Preservation, Maintenance, Renovation and Protection of Border Poles and Marks
("Official Gazette of the FPRY" - Addendum 5/58);
Regulation on the Ratification of the Agreement Between the Government of Yugoslavia
and the Government of Romania on Fishing in Border Waters Between Yugoslavia and
Romania ("Official Gazette of the FPRY" – Addendum 1/62);
Regulation on the Ratification of the Agreement Between the Government of SFRY and
the Government of the Socialist People’s Republic of Romania on Local Border Traffic of
Persons in the Border Zone ("Official Gazette of the SFRY" – Addendum No. 55/70 and
17/72);
Regulation on the Ratification of the Agreement Between Yugoslavia and Romania on
the Manner of Resolution of Certain Border Regime Issues on the Yugoslav-Romanian
Border ("Official Gazette of the SFRY" – Addendum 14/64 and 26/76); Rulebook on the
Work of the Mixed Commission Provided for By Article 8 of this Agreement (Belgrade,
04.11.1964);
Decision on the Ratification of the Agreement Between Yugoslavia and Romania on the
Unification of Permits for Crossing the Yugoslav-Romanian State Border ("Official
Gazette of the SFRY" – Addendum 5/66);
Regulation on the Ratification of the Agreement Between Yugoslavia and Romania on
the Opening of Border Crossing Kaludjerovo-Najdas for International Road Traffic of
Passengers and Goods ("Official Gazette of the SFRY" – Addendum 39/72);
Regulation on the Ratification of the Agreement Between the Governments of Yugoslavia
and Romania on the Opening of the Road Border Crossing Djerdap-Portile de Fier on the
Yugoslav-Romanian State Border ("Official Gazette of the SFRY" – Addendum 49/74);
Decision on the Ratification of the Agreement Between the SFRY and Romania on
Facilitated Crossing of the Yugoslav-Romanian State Border for Citizens of these Two
Countries for the purpose of Holidays, Traditional Manifestations and other Celebrations
("Official Gazette of the SFRY" – Addendum 54/74);
Regulation on the Ratification of the Convention Between the Government of SFRY and
the Government of the Socialist Republic of Romania on Regulating the Border Railway
Traffic ("Official Gazette of the SFRY" – Addendum 4/81);
Regulation on the Ratification of the Agreement Between the Government of SFRY and
the Government of the Socialist People’s Republic of Romania on the Determination and
the Control of the Implementation of the Rules of Navigation, the Maintenance and
Improvement of Navigation Conditions in the Area Where the Danube Represents the
Border Between the Two States ("Official Gazette of the SFRY" – Addendum 2/78);
Law on the Ratification of the Agreement Between Serbia and Montenegro and Bosnia
and Herzegovina on Simplifying the Procedure of Movement of Persons and Goods on
Border Crossings Uvac-Uvac and Vagan-Ustibar ("Official Gazette of Serbia and
Montenegro - International Treaties", No. 6/05);
Decree on the Ratification of the Convention on the Navigation Regime on the Danube
("Official Gazette of the FPRY", No. 8/49);
25
-
-
-
Decree on the Proclamation of the Law on the Ratification of the Framework Agreement
on the Basin of the Sava River, the Protocol on the Navigation Regime along with the
Framework Agreement on the Basin of the Sava River and the Agreement on
Amendments to the Framework Agreement about the Basin of the Sava River, the
Protocol on the Navigation Regime along with the Framework Agreement on the Basin of
the Sava River („Official Gazette of SM” - International Treaties, No. 12/2004)”;
Law on the Confirmation of the Agreement Between the Federal Government of the FRY
and the Government of the Republic of Macedonia on Regulating Border Railway Traffic
("Official Gazette of the FRY" - International Treaties, No. 5/96);
Law on the Confirmation of the Agreement Between the Government of the Federal
Republic of Yugoslavia and the Government of the Republic of Croatia on Regulating
Border Railway Traffic, with Annexes („Official Gazette of the FRY” - International
Treaties, No. 1/98).”
LEGAL REGULATIONS PERTAINING TO CUSTOMS
The legal basis of the customs system consists of the following:
-
The Customs Law (Official Gazette of the Republic of Serbia No. 73 of July 18, 2003;
61/05);
Customs Tariffs Law (Official Gazette of the Republic of Serbia 62/05)
Apart from the above laws, the customs service uses the following regulations in its work:
- Law on Foreign Trade (Published in the "Official Gazette of the Republic of Serbia", No.
101 of November 21, 2005.);
- Law on Value Added Tax (Published in the "Official Gazette of the Republic of Serbia",
No. 84 of July 24, 2004; 86/04, 61/05);
- Law on Foreign Currency Transactions (Published in the "Official Gazette of the FRY",
No. 23 of April 27, 2002; 34/02);
- Law on General Administrative Procedure (Published in the "Official Gazette of the FRY",
No. 33/97, 31/01);
- Regulation on Permitted Customs Procedure with Customs Goods, Release of Customs
Goods and Collection of Customs Dues (published in the "Official Gazette of the Republic
of Serbia", No. 127 of December 23, 2003; 20/04, 24/04, 63/04, 104/04, 44/05, 71/05,
76/05);
- Regulation on the Procedure With Goods Traded with the Republic of Montenegro
(published in the "Official Gazette РС", No. 130 of December 29, 2003);
- Regulation on Special Conditions for the Trade in Goods with the Autonomous Province
of Kosovo and Metohija (published in the "Official Gazette of the Republic of Serbia", No.
139 of December 30, 2004, 8/2005, 15/2005);
- Law on Foreign Trade in Arms, Military Equipment and Twofold Purpose Goods
(Published in the “Official Gazette of Serbia and Montenegro”, No. 7/05 and 8/05);
- Rulebook on the Duties of Customs Bodies in Foreign Trade in Arms, Military Equipment
and Twofold Purpose Goods (Published in the “Official Gazette of the Republic of
Serbia”, No. 67/05);
- Rulebook on the Request Form for Permit Issuance, the Form of the Permit and Other
Forms of Documents accompanying the Foreign Trade in Controlled Goods (published in
the “Official Gazette of Serbia-Montenegro”, No. 12/05);
- as well as other laws and bylaws.
Multilateral activities are based on participating in the activities of the World Customs
Organization (WCO). The Customs Administration of Serbia participates in the work of
standing committees and subcommittees and follows the conventions that have been
adopted under the auspices of the WCO. Serbia and Montenegro is signatory to seven of
a total of twelve WCO conventions.
26
-
The Convention on Harmonized Commodity Description and Coding System;
Customs Convention on the Temporary Importation of Packing;
Customs Convention on the Temporary Importation of Professional Equipment;
Customs Convention concerning facilities for the importation of goods for display or use
at exhibitions, fairs, meetings or similar events
Customs Convention on ATA Carnets for Temporary Admission of Goods– the АТА
Convention;
Customs Convention concerning welfare material for seafarers;
International Convention on Simplification and Harmonization of Customs Procedures –
the Kyoto Convention;
The Customs Administration of Serbia cooperates with the International Association of Road
Carriers and the European Economic Commission of the United Nations; it actively follows
the following conventions adopted under the auspices of the United Nations:
-
The Customs Convention on International Importation of Goods Under Cover of TIR
Carnets – The ТIR Convention;
The Customs Convention on Containers;
Convention on Relief for Tourism;
Customs Convention on Temporary Importation of Private Road Vehicles;
Customs Convention on Temporary Importation of Commercial Road Vehicles;
International Convention on Harmonization of Border Control of Goods (Geneva);
The European Convention on Customs Procedure with Palettes Used in International
Transport;
Customs Convention on the Temporary Importation for Private Use of Aircraft and
Pleasure Boats;
Convention on the Navigation Regime in the Danube;
Convention on the Contract on International Carriage of Goods by Road (CMR);
Convention on Prohibition and Prevention Measures Against Unauthorized Importation,
Exportation and Carriage of Cultural Property;
United Nations Convention Against the Trade in Illegal Drugs and Psychotropic
Substances;
Unified Convention Against Narcotic;
Convention on Psychotropic Substances;
Convention on International Trade in Endangered Species and Wild Flora and Fauna
(CITES);
Basel Convention on Control of Cross-Border Movements of Hazardous Wastes and their
elimination;
Convention on the Ban on Production, Storage, Development and Utilization of Chemical
Weapons and its Destruction;
The Vienna Convention (the Montreal Protocol) on Substances that Deplete the Ozone
Layer;
The Republic of Serbia and the European Union signed on March 31, 2005 the Agreement
on Trade in Textile Products between the Republic of Serbia and the European Community,
to be implemented as of July 1, 2005.
Serbia has also signed Free Trade Agreements with the following countries:
-
Macedonia (implemented as of October 7, 1996);
The Russian Federation (implemented as of July 28, 2000);
Bosnia-Herzegovina (implemented as of June 1, 2002);
Bulgaria (implemented as of June 1,2004);
Romania (implemented as of July 1,2004);
Croatia (implemented as of July 1, 2004);
27
-
Albania (implemented as of August 1, 2004) and
Moldova (implemented as of September 1, 2004).
Bilateral Cooperation, the Customs Administration: The Republic of Serbia is currently
implementing 17 bilateral agreements on customs cooperation: with France (1971), Austria
(1978), Greece (1983), China (1989), Germany (1974), Poland (1967), the United States
(1990), Macedonia (signed in 1996), Russia (1996), Bulgaria (1997), Romania (1998), the
Czech Republic (1998), Hungary (1998), Slovakia (2001), Bosnia-Herzegovina (2001),
Turkey (2002) and Italy (2002). The Agreement on customs cooperation has also been
concluded with the Montenegrin customs administration, while a Protocol on Exchange of
Information has been sealed with the UNMIK customs administration.
In addition to the agreements which are currently being implemented, the Customs
Administration of the Republic of Serbia has launched an initiative for the conclusion of new
agreements, as well as for updating the outdated ones. In that sense, it has concluded
agreements with the Customs Administrations of Iran (July 2005) and Croatia (December
2005), which are in the procedure of ratification.
Four agreements have been initialed: with Ukraine and Slovenia (2002), Albania (May 13,
2005) and Poland (May 20, 2005). The procedure for the conclusion of agreements with
Cyprus, Greece, France, Belarus and Moldova has been initialized.
LEGAL REGULATIONS PERTAINING TO VETERINARY AND PHYTO SANITARY
INSPECTION
-
Law on Seed (Published in the "Official Gazette of RS", No. 45 of May 31, 2005);
Law on Seedling (Published in the "Official Gazette of the RS" No. 18/05);
Law on the Protection of Plants (Published in the "Official Gazette of the FRY", No. 24 of
May 15, 1998; 26/98);
Veterinary Law
Law on Genetically Modified Organisms (Published in the "Official Gazette of the FRY",
No. 21 of May 11, 2001);
The Veterinary Administration is also implementing several international and bilateral
agreements on veterinary cooperation. The following fifteen international agreements are
currently in force: with Albania, Argentina, Belarus, Bulgaria, Libya, Uruguay, Croatia,
Ukraine, Macedonia, Mongolia, Romania, the Russian Federation, Turkey, China and the
European Community (from 1996).
An Agreement on the Border Control in the Joint Border Station Dimitrovgrad was signed
with Bulgaria on April 15, 2005.
The Protocol on Harmonization of Procedures and Proceedings in Foreign Trade in Goods
Subject to Mandatory Veterinarian-Sanitary Control and Phyto-sanitary Control on the Border
of the State Union of Serbia and Montenegro was signed on April 29, 2003.
Serbia and Montenegro is signatory to the International Convention оn the Protection of
Plants.
The following eight bilateral agreements are in force: with Belarus, Bulgaria, Ukraine,
Macedonia, Romania, the Russian Federation, Slovakia and Moldova.
The Protocol on Harmonization of Procedures and Proceedings in Foreign Trade of Goods
Subject to Mandatory Veterinary-Sanitary Control and Phyto-sanitary Control on the Border
of the State Union of Serbia and Montenegro.
28
Agreements have also been signed with Bosnia-Herzegovina and Croatia.
An agreement has been signed between the Council of Ministers of Serbia and Montenegro
and the Government of the Republic of Bulgaria on Border Control and Railway Traffic
Procedures.
Draft Agreements have been drawn up with Albania and Ukraine.
29
ANNEX 5
REFERENCE LIST OF RELEVANT STRATEGIC PLANS AND STUDIES

INTEGRATED BORDER MANAGEMENT IN THE REPUBLIC OF
SERBIA (adopted on 26 January 2006 by the Government of the
Republic of Serbia, no. 28 - 402/2006)

NATIONAL ACTION PLAN FOR THE IMPLEMENTATION OF THE
IBM STRATEGY (adopted by the Government of Republic of Serbia)

FUNCTIONAL STRATEGIES OF BORDER SERVICES

STRATEGY OF DEVELOPMENT OF IT SYSTEM OF THE
CUSTOMS ADMINISTRATION (adopted by Ministry for
Finance)
30