37
1 TWINNING PROJECT FICHE 1. Basic Information 1.1 Programme : ENPI National Annual Action Programme 2009 for the Republic of Azerbaijan 1.2 Twinning Number : AZ11/ENP-PCA/TP/17 1.3 Title : Improvement of Maritime Safety, Security and marine environment protection in the Republic of Azerbaijan 1.4 Sector : Maritime Transport Sector 1.5 Beneficiary country : Republic of Azerbaijan 2. Objectives 2.1 Overall Objective: The overall objective of this project is to align the Republic of Azerbaijan’s national legislation on Maritime Safety, Security and Marine Environment Protection with the short-term priorities of the National Indicative Programme (NIP) and to strengthen the capacity of the State Maritime Administration (SMA) of the Republic of Azerbaijan to transpose and implement the provisions of the European Union acquis and IMO Conventions on Maritime Safety, Security and Marine Environment Protection. 2.2 Project purpose: To support the State Maritime Administration of the Republic of Azerbaijan in the transposition and implementation of EU and IMO mandatory requirements in the field of maritime safety, security and prevention of marine environment pollution. 2.3 Contribution to the EU –Republic of Azerbaijan Partnership and Co-operation Agreement (PCA), NIP, ENP Action Plan, ENPI-Eastern Regional Programme-Strategy Paper, ENPI- Azerbaijan-Strategy Paper Due to the conditions of the Partnership and Cooperation Agreement (PCA) (signed on 22 April 1996 and in force since 1 July 1999) the following activities are foreseen (Article 57): Contribute to management and operations of ports; this will be limited to port activities under the control of SMA and the Harbour Master, responsible for safe navigation and marine environment protection in the maritime domain; recommendations have been made by the EU TA SASEPOL project regarding the assessment of the implementation of the ISPS CODE and whilst Azerbaijan is by large considered compliant with the mandatory provision

2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

  • Upload
    others

  • View
    5

  • Download
    0

Embed Size (px)

Citation preview

Page 1: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

1

TWINNING PROJECT FICHE

1. Basic Information

1.1 Programme : ENPI National Annual Action Programme 2009 for the Republic of Azerbaijan

1.2 Twinning Number : AZ11/ENP-PCA/TP/17

1.3 Title : Improvement of Maritime Safety, Security and marine environment protection in the Republic of Azerbaijan

1.4 Sector : Maritime Transport Sector

1.5 Beneficiary country : Republic of Azerbaijan

2. Objectives

2.1 Overall Objective:

The overall objective of this project is to align the Republic of Azerbaijan’s national legislation on Maritime Safety, Security and Marine Environment Protection with the short-term priorities of the National Indicative Programme (NIP) and to strengthen the capacity of the State Maritime Administration (SMA) of the Republic of Azerbaijan to transpose and implement the provisions of the European Union acquis and IMO Conventions on Maritime Safety, Security and Marine Environment Protection.

2.2 Project purpose:

To support the State Maritime Administration of the Republic of Azerbaijan in the transposition and implementation of EU and IMO mandatory requirements in the field of maritime safety, security and prevention of marine environment pollution.

2.3 Contribution to the EU –Republic of Azerbaijan Partnership and Co-operation Agreement (PCA), NIP, ENP Action Plan, ENPI-Eastern Regional Programme-Strategy Paper, ENPI-Azerbaijan-Strategy Paper

Due to the conditions of the Partnership and Cooperation Agreement (PCA) (signed on 22 April 1996 and in force since 1 July 1999) the following activities are foreseen (Article 57):

Contribute to management and operations of ports; this will be limited to port activities under the control of SMA and the Harbour Master, responsible for safe navigation and marine environment protection in the maritime domain; recommendations have been made by the EU TA SASEPOL project regarding the assessment of the implementation of the ISPS CODE and whilst Azerbaijan is by large considered compliant with the mandatory provision

Page 2: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

2

Promotion of joint research and development programmes between the Maritime Academy and SMA

Preparation of the legislative and institutional framework for policy development of the maritime transport sector. This will not only be done through activities of preparing primary and secondary legislation for maritime safety, maritime security, marine pollution prevention and protection and port laws and regulations but also by the extension of strategy and policy preparation for the medium and long term (10 years horizon).

The National Indicative Programme (NIP) for 2007-2010 also supports legislative and economic reforms in the transport, energy and environment sectors.

The EU-Republic of Azerbaijan ENP Action Plan (adopted at the EU-Republic of Azerbaijan Cooperation Council on 14 November 2006) sets out the following priorities to be pursued regarding the maritime sector (Chapter 4.6.1) :

To encourage the restructuring of the state-owned fleet and port sector (separating regulatory/operational and commercial functions). Further strengthen the regulatory authority;

To transpose into National legislation and appropriately implement relevant international

IMO (International Maritime Organisation) conventions; Pursue effective enforcement of Flag, Port and Coastal obligations pursuant to the provisions of the IMO conventions in the areas of Port State Control and Flag State implementation as well as resolutions of the Maritime Environment Protection Committee on tanker safety. Remove single-hull oil tankers from operation within a period of time determined by the IMO/Marpol Convention

The objectives of the Twinning programme are related to the below mentioned issues included in the ENPI-Eastern Regional Programme-Strategy Paper_2007-2013 (Article 2.2.: Transport)

Effective implementation of international agreements in the maritime transport sector

The implementation of port and port facility security measures as per the ISPS Code and relevant EU legislation on maritime security (Regulation 725/2004 and Directive 2005/65)

On the other hand, the objectives are also related to the below mentioned issues included in the ENPI-Azerbaijan-Strategy Paper_2007-2013 (Article 5.2.: Energy, transport, environment, information society and media);

Assistance focused on improving the efficiency, maritime navigation safety, and maritime security where training measures should also be envisaged.

3. Description 3.1 Background and justification:

Page 3: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

3

Regional development in maritime transport

The principal objective of cooperation between the EU and the Republic of Azerbaijan is to support the Republic of Azerbaijan’s reform agenda on the basis of the policy objectives defined in the Partnership and Cooperation Agreement (PCA), entered into force in July 1999 and the EU-Republic of Azerbaijan ENP Action Plan of 14 November 2006. The regional EU funded TRACECA program produced strategic goals and an Action Plan for maritime safety, aiming in particular at the timely and full implementation of relevant IMO and ILO Conventions and the convergence of the different regional Port State Control practices and procedures. It furthermore contains plans on the establishment of Vessel Traffic Management and Information System (VTMIS) coordination, as well as civil protection mechanisms in case of marine pollution.

Regional cooperation is pursued regarding vessel traffic monitoring through Automatic Identification System (AIS) and Long Range Identification and Tracking (LRIT) of vessels in the framework of the European Neighbourhood Policy.

The Republic of Azerbaijan is member of the International Maritime Organisation and has ratified and acceded to the main IMO Conventions (MARPOL, STCW and SOLAS/ISPS).

The Republic of Azerbaijan still lacks operational and practical rules in order to ensure an effective implementation of the legal provisions and IMO requirements for safety, security and environmental protection standards.

As an oil and gas producer and transit country, the Republic of Azerbaijan has a pivotal role to play in ensuring maritime safety, maritime security and environmental protection in existing and alternative transportation routes to be opened for energy resources from the Caspian and from Central Asia to Europe.

This Twinning project aims to bringing domestic maritime regulations into compliance with international standards, which after completion of the project shall provide a strong basis for the development of international dry and liquid bulk cargo transportation safety and security across the Caspian Sea.

The EU assistance will focus on improving the national legal framework on maritime transport and ports as well as the improvement of efficiency and effectiveness of maritime safety and security operations. Key Challenges include a) transposition of IMO and EU requirements into national legislation in view of gradual approximation with the EU’s legal framework and standards, b) effective implementation of international agreements in the maritime transport sector; c) bringing maritime security up to international standards.

Institutional structure of Maritime transport governance

Maritime Transport in Azerbaijan is not governed by the Ministry of Transport (MoT) (see Annex 3 for the Organisation Chart of the SMA). The Government has established a special Administration for maritime affairs. To this end the State Maritime Administration (SMA) was established on 20 April, 2006 by Decree No. 395 of the President of the Republic of Azerbaijan with an aim to implementing the State policy in the maritime sector. The SMA works independently from the Ministry of Transport but is depending on central budget financing for its

Page 4: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

4

operations. Yearly budgets for SMA are approved of by the Ministry of Finance (MoF) and not by the Ministry of Transport. The SMA is not authorised to retain any income from any source (fees/dues, etc) and is as such not financially independent.

The SMA participates in working groups governed by the Cabinet of Ministers in the formulation of draft legislation and in the preparation of short term strategy and policies on maritime transport affairs. The State Maritime Administration of the Republic of Azerbaijan under the President of the Republic of Azerbaijan is the governmental Authority concerned with the implementation of the maritime safety, ship and port security and with marine environmental protection. The SMA implements the state policy in the field of sea and safety navigation and prevention of sea pollution, controls implementation of conventional requirements on МАRPОL 73/78, SOLAS-74 through sea inspectors. It conducts assessment and examination on security on board ships and in ports (ISPS code) . The SMA was reorganised recently and seems to function adequately, employing trained staff and committed to comply with international requirements.

Although there is no regional Memorandum of Understanding (MoU) on Port State Control in the Caspian Sea domain, Azerbaijan will soon become “observer” in 2011 to the Black Sea MoU, containing similar provisions and agreements as in the Paris MoU for Port State Control activities.

The maritime public domain (Caspian Sea territorial waters) is governed by two Ministries: the Ministry of Natural Resources and Ecology and the Ministry of Emergency. These ministries participate in the implementation of the protection of the marine basin in the Caspian Sea through the Coastguard, operating dedicated vessels and equipment in the Caspian Sea and under supervision of the State Border Committee. The SMA remains however by law responsible for the implementation of operation in case of ship distress, search & rescue operations, environmental marine basin protection or any maritime accident or incident other than minor accidents on board ships.

SMA tasks

The prime task of the SMA is to implement maritime safety laws and regulations It furthermore prepares maritime transport policy and strategy and prepares new regulations on safety, security and environment protection.

The main functions of the SMA according to its Statute Part III are (inter alia) as follows:

Maintaining relations with all international bodies in the field of maritime transport Preparation of ratification of International conventions from IMO and ILO conventions. Preparation and establishment of regulations on maritime safety, maritime security and of

maritime environment protection Implementation of Flag State Implementation: registration of ships and crew, ship inspection Implementation of Port Sate Control: inspection of foreign flag vessels Implementation of SOLAS/ISPS inspections on board of vessels and in ports Implementation of MARPOL/OPRC and other ratified and acceded IMO/ILO conventions Implementing Safe navigation in port (Harbour Master) and at sea and installs and maintains

navigational aids

Page 5: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

5

Monitoring and training of pilot services Ship wreck and salvage removal Certification of maritime training institutes

In order to carry out its functions, the SMA is currently structured in departments and sections. The head office is located at Nefchiler Avenue 4, Baku.

The SMA consists of only 48 staff members for all functions. Apart from 1 port representative and a few ship inspectors all staff is based in Baku. In private ports, a SMA representative is assigned to execute safe navigation control. This organisational capacity at SMA is considered insufficient to implement all tasks from national laws and regulations and duties as a result of ratifying international conventions. The SMA will require more qualified staff and operational tools (systems, equipment) to undertake an adequate level of control (monitoring, inspection, pollution prevention, sanctioning misbehaviour and violations, etc.)

While some of the inspection and marine environment protection tools are controlled by Ministries other than the Ministry of Transport, the Statute of the SMA indicates that SMA should be governing these tasks and controls these operations.

3.2 Linked activities

The most related program directly affecting maritime safety and maritime security improvement in the Republic of Azerbaijan is the EU funded (Europe Aid/127221/C/SER/Multi) regional programme for the Development of Common Security Management, Maritime and Ship Pollution Prevention for the Black Sea and Caspian Sea or SASEPOL (under regional Programme TRACECA). SASEPOL is aiming at results which are directly related to the functioning of the SMA. It is of great importance that the Twinning tasks will be closely coordinated with SASEPOL work plans and the draft TRACECA Regional Action Strategy (TRAS) to avoid duplication of support activities and to avoid overburdening the SMA staff with support actions that require input from SMA staff. The TRAS priority action plan and time schedule are presented in Annex 3. The United States of America have offered technical support and funding for the acquisition of navigational aids, in particular a Vessel Traffic Management and Information system (VTMIS), the Long Range Identification and Tracking (LRIT) of Vessels system and a Search and Rescue (SAR) system. Due to procedural constraints, the aid has not been provided and the SMA has acquired the VTMIS system from its own budget in 2010. The Teheran Convention, covering environment in the Caspian Sea was adopted in 2003 and signed by the Republic of Azerbaijan. The convention covers guidelines to the 5 Caspian Sea bordered Member States on environment protection

The participating Sates are obliged to produce action plans for implementing marine environment protection and national protection plans.

3.3 Results:

In total 4 Mandatory Results have been identified:

Page 6: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

6

1. Improved legislative framework for safe and security maritime activities in line with ratified IMO/SOLAS/LL/COLREG / TONNAGE 69 (including SOLAS XI-2- ISPS code) conventions and relevant EU regulations and directives

2. Improved legislative framework through regulations in line with ratified IMO/Marpol and OPRC conventions and relevant EU directives

3. Improved legal framework for Ports in the Republic of Azerbaijan

4. Updated maritime transport policy and new Maritime Transport strategy and National Action Plan on maritime safety, maritime security and protection of marine environment for the period 2012-2022.

Mandatory Result 1

Improved legislative framework for safe and security maritime activities in line with ratified IMO/SOLAS/LL/COLREG / TONNAGE 69 (including SOLAS XI-2- ISPS code) conventions and relevant EU regulations and directives

The Merchant Shipping Code was adopted in 2001 and revised in 2006. This is the primary law on maritime transport. The Code acts however also as the regulatory document for detailed issues which may better be transferred to become underlying Rules with the aim of enabling SMA to change these independently (e.g. only with approval of the Ministry of Justice). Furthermore, few regulations based on SOLAS , including ISPS code and aligned with EU regulations and directives exist in Azerbaijan and new Regulations should be drafted to become fully compliant with ratified IMO conventions and EU regulations and directives

Key indicators

- Revised draft Merchant Shipping Code (national law), ready for submission to Cabinet of Ministers

- Full set of draft Rules in line with IMO/SOLAS 1974 and all other IMO Conventions and addenda except MARPOL and aligned with EU maritime transport regulations and directives all approved by SMA and legally binding.

- Training programs and Study Tour program prepared - Staff for capacity building selected (from SMA and other Ministries/bodies). - Training and Study Tours effectively completed with all participants’ evaluation reports - Evaluation summary prepared by RTA

By project month 18

Mandatory Result 2

Improved legislative framework through regulations in line with ratified IMO/Marpol and OPRC conventions and relevant EU directives

Page 7: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

7

Few Regulations based on Marpol (1973/78)/OPRC and related EU directives on prevention of marine pollution and protection of the marine environment exist in the Republic of Azerbaijan. Laws on marine environment protection exist but are governed by other ministries (the Ministry of Emergency and the Ministry of Natural Resources and Ecology). SMA is by its present Statute the party to set regulations in this area.

Key indicators

- Full set of primary Law and secondary Rules there under in line with IMO/Marpol and OPRC Conventions plus addenda and aligned with EU maritime transport regulations and directives, all approved by SMA and ready for submission to the Cabinet of Ministers. Vetting these regulations with laws on marine environment protection is vital.

- Training programmes and Study Tour programme prepared - Staff for capacity building selected (from SMA and other Ministries/bodies). - Training and Study Tours effectively completed with all participants’ evaluation reports - Evaluation summary prepared by RTA

By project month 18

Mandatory Result 3

Improved legal framework for Ports in the Republic of Azerbaijan

A Statute of the Baku International Sea Trade Port was adopted in 1996. This Statute is considered outdated and need a complete overhaul. A regulation for Harbour Masters exists but need upgrading in view of new port development. A regulation for harbour pilots is in preparation. The eventual regulation will be reviewed and - if necessary – recommendation are made to upgrade this regulation to match with international standards.

Key indicators

- Institutional reform report on legal framework between all governmental bodies active in ports including recommendations for institutional reforms

- Draft of a new national Port Law and underlying regulations (by-laws) for ports in the Republic of Azerbaijan.

- Recommendations prepared for changes in the (draft) pilot regulations. - Training programme and Study Tour programme prepared - Staff for capacity building selected (from SMA and other Ministries/bodies). - Training and Study Tours effectively completed with all participants’ evaluation reports - Evaluation summary prepared by RTA

By project month 12

Mandatory Result 4

Page 8: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

8

Updated maritime transport policy and new Maritime Transport strategy and National Action Plan on maritime safety, maritime security and protection of marine environment for the period 2012-2022.

SMA produces yearly work plans and a National Transport Strategy Plan for 2012-2015 is in preparation under the Ministry of Transport. This Plan will include provisions for the maritime transport sector prepared by SMA. There is however a need for a long term (3-10 years forward) maritime transport strategy as well, including a strategy and action plan for maritime safety, maritime security and marine environmental protection issues. A mid/long term Maritime Transport policy and Strategy should be prepared by STE and SMA jointly to clearly define objectives, targets and implementation action and the transfer the methodology techniques of preparing such plans. Logically the plans should be in line with IMO instruments and EU regulations and directives.

Key indicators

- Draft of a maritime transport policy and strategy for 2012-2022 - Training programme and Study Tour programme prepared - Staff for capacity building selected (from SMA and other Ministries/bodies). - Training and Study Tours effectively completed with all participants’ evaluation reports - Evaluation summary prepared by RTA By project month 12

Inter-relation among the mandatory results/components

The achievement of the above results, which are closely interrelated, will contribute to improve the application of the EU Maritime Safety and Security Requirements/ International Maritime Conventions in the Republic of Azerbaijan and to facilitate implementation of marine environmental measures. Maritime safety and securityissues in the Republic of Azerbaijan have been assessed in collaboration with the SMA and the international experts through a gap analysis for the purpose of determining SMA’s current capacity and plans to meet its future needs in the maritime transportation sector. The tools that will be developed under the project will contribute to the performance of the following tasks:

In order to strengthen institutional capacity and maritime safety and security legislation under the first Component, 3 activities (numbered as follows 1.1, 1.2 and 1.3) are identified Results numbered 1 and 2, under the first and second components respectively, relate to drafting or revision of maritime safety and security legislation . The Result 3 under the third Component relates to Results numbered 1 and 2 in view of setting a clear structure and responsibilities between the government and port authorities on maritime safety issues. Under each component, activities such as 1.3, 2.2 and 3.3 and 4.3 are determined so as to support upgrading the level of knowledge and skills of staff in the process of drafting legislation and regulation. The Result numbered 4 (the preparation of a national Maritime Safety ans Security Policy and Strategy for the next 10 years is a precondition for drafting legislation and knowledge and skill improvement and has direct impact on Results numbered 1, 2 and 3 .

Page 9: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

9

No specific Results are identified for strengthening the Port State and Flag State control since the control functions are considered adequate and skills and knowledge is at a sufficient level, not in the least gained by the support program of SASEPOL under TRACECA.

No Result is identified for assessing maritime safety related IT tools/systems since the SMA has acquired the necessary equipment or is able to acquire other suitable support tools in the future.

3.4 Activities:

In order to achieve the 4 results aforementioned under each component 12 activities should be carried out. The listed activities and the proposed means for achieving the activities are indicative and can be revised in the framework of the preparation of the contract between the twinned institutions. The activities consist of a combination of MS assistance during execution of tasks by SMA staff, of workshops/seminars and of training both in the country and abroad.

In total 4 Study Tours to MS are planned to improve knowledge and skills of selected groups of staff of governmental administrations. In total 16 persons will be participants in Study Tours with a total of 80 effective working days. MS will appoint Study Tour Coordinators for each Tour. All participants of SMA are sufficiently skilled in the English language (speaking/reading). This may not be the case for Study Tour 4 in which participants of the Maritime Academy may participate. An interpreter will be nominated to join the 5 participants in this Tour.

A separate Training program will be held for 4 apprentice pilots in Baku. Since all operating pilots are (semi-) retired merchant shipping officers (captains) the group to be trained will consist only of new apprentices from the SMA. This implies that SMA will have to employ the 4 pilots by the start of the training. All new apprentice pilots need to speak and understand English as required in international shipping operations.

General Activities: Kick-off Workshop Method The first month of the project will be used to allow the installation of the Resident Twinning Adviser (RTA) in Azerbaijan. The RTA will have to be installed in his/her office at the …. S/he will be introduced to the BC stakeholders of the project and to his counterparts and staff. He will also hire an Assistant (RTA Assistant) through an appropriate selection procedure. A one-day kick-off meeting will be organised in the first month aiming at launching and presenting the project to the stakeholders, the media and the public at large. In order to guarantee large public information about the start of the project, the meeting will be concluded with a press conference and a press release. Stakeholders, media and public informed about the start and content of the project by start of month 2 RTA, PL, translation, rent of premises.

Page 10: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

10

Final Closing Conference Method During the last two months of the project, a closing conference will be organised at which the results of the project will be presented. The state of play in the areas of the project’s interventions will be discussed with the beneficiary, the Azerbaijani Government, the civil society and other donors. The conference will be concluded with some recommendations for possible follow-up and lessons learnt for similar projects. Closing Conference organised, Recommendations and Lessons learnt formulated and discussed Stakeholders, media and public informed about the results of the project at its end. RTA, PL, translation, rent of premises

Mandatory Result 1

Activity 1.1 : Redrafting Merchant Shipping Code and upgrade and extend underlying regulations

The Merchant Shipping Code of 2006 needs to be upgraded in terms of alignment with SOLAS conventions and EU directives on implementation of Flag State, Coastal State and Port obligations. This should be executed in view of preparation of new Regulations to be drafted.

MS experts initially review existing relevant legislation of the Republic of Azerbaijan and take note of ratified IMO/SOLAS conventions and EU regulations and directives. Thereafter MS experts prepare standard drafts of international Merchant Shipping legislation (primary and secondary) aligned with IMO/SOLAS convention and EU regulations and directives. A Working group will be established in which representatives of SMA, the Cabinet of Ministries and parliament members or parliament committee members engaged in transport policy and legislation take part. This Working group aims to initiate and maintain awareness of changes in laws and speed up and ease the process of adoption of legislation.

Indicative benchmarks

1.1.1. Example draft of international Merchant Shipping Law and underlying regulation, produced by MS. 1.1.2. Establishment of a working group with participants of SMA, Cabinet of Ministers (or their relevant committee) and members of parliament (or its relevant committee). 1.1.3. Draft new Merchant Shipping Code prepared 1.1.4. Draft of underlying regulations prepared by working group Activity 1.2: Recommending on new legislation and structuring legal data base

RTA and STEs assist the authorities of the Republic of Azerbaijan in preparing for the ratification process of additional IMO conventions and also creation of a bilingual legal database system (concerning IMO conventions, EU regulations and directives and national legislation

Page 11: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

11

with regular updating) at the SMA.

Indicative benchmarks

1.2.1. Recommendations prepared by ST experts 1.2.2. Comments received from SMA 1.2.3. Legal database structure approved by SMA

Activity 1.3: Study Tour 1 on maritime transport legislation

The main topic for the Study Tour 1 is a knowledge exchange between SMA and legal specialist of the authorities in 1 or more MS. The Tour is planned for 2 staff members of the SMA engaged in drafting laws and regulations on maritime safety, maritime security and environment protection.

The Tour will last 7 days (5 effective working days) and is planned in the first 6 months of the Twinning project.

Indicative benchmarks

1.3.1. Program and time plan of the study tour 1.3.2. Tour realised 1.3.3. Individual mission reports 1.3.4. Internal monitoring report.

Mandatory Result 2

Activity 2.1: Drafting of laws and regulations to regulate marine pollution prevention and combat

MS experts initially review existing relevant legislation of the Republic of Azerbaijan and take note of ratified IMO/MARPOL/OPRC conventions and EU rules and directives. Thereafter MS experts support the authorities of the Republic of Azerbaijan in drafting necessary primary and secondary legislation and align with the laws and regulations on marine environment protection of the Ministry of Natural Resources and Ecology and the Ministry of Emergency and the Port Statute of the port of Baku.

Finally the RTA counterpart of SMA arranges vetting of draft regulations (involvement of the Ministry of Justice) prior to submission to Council of SMA.

Indicative benchmark

2.1.1. Example drafts of laws and underlying regulation of international Marine in relation to MARPOL/OPRC, produced by MS. 2.1.2. Establishment of a working group with participants of SMA, Cabinet of Ministers (or their

Page 12: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

12

relevant committee) and members of parliament (or its relevant committee). 2.1.3. Draft of underlying regulations prepared by working group

Activity 2.2: Study Tour 2 on maritime environment risk analysis, pollution prevention and combat

The main topic for Study Tour 2 is knowledge and skills exchange between SMA and staff and other Ministries and administrations (Port Authority, the Ministry of Emergency, the Ministry of Ecology and Coastguard) and governmental organisations in 1 or more MS engaged in risk analysis and assessment and prevention of maritime pollution and the preparation and implementation of National Contingency Plans for coastal protection. The Tour is planned for maximum 6 staff members of administrations in the Republic of Azerbaijan engaged in maritime pollution prevention and combating pollution and preparation and implementation of port ad coastal Contingency plans.

The Tour will last 7 days (5 effective working days) and is planned between month 9 and 12 of the Twinning project.

Indicative benchmarks

2.2.1. Participants selection between governmental bodies completed 2.2.2. Program and time plan of the study tour 2.2.3. Tour realised 2.2.4. Individual reports 2.2.5. Internal monitoring report.

Mandatory Result 3

Activity 3.1: Analysis of Baku Port Statute, port regulations and national port development plans

A Port Authority Statute was adopted in 1996. Rules for safe navigation also exist. However Harbour Masters (or representatives) under SMA do not have clear powers in ports and on terminals and are for implementation of powers dependant on other authorities (ministries) and the State owned Oil company. Port regulations (by-laws) for all ports should be clearly determined and tasks should be formulated to individual authorities.

Indicative benchmarks

3.1. Assessment report on institutional structure of port navigational safety and port basin environment protection

Activity 3.2 : Preparation of draft National Port Law and by-laws (port regulations)

The exiting Port Statute is outdated and needs revision or renewal. Proposals will be made by ST experts with clear division of responsibility and authority to all governmental bodies involved (SMA/Harbour Masters, Port authorities, other Ministries)

Page 13: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

13

Indicative benchmarks

3.2.1. Draft Port Law prepared by ST expert 3.2.2. Working group with stakeholders established 3.2.3. Proposals accepted by SMA and Working group

Activity 3.3 : Study Tour 3 on VTMIS

The main topic for Study Tour 3 is to exchange of knowledge and best practices on Vessel Traffic Management and Information systems (VTMIS) and their operations in 1 or more EU member state ports and coasts. The Tour is planned for 4 staff members of the SMA engaged in management and operations of vessel traffic management systems. .

The Tour will last 7 days (5 effective working days) and is planned between month 6 and 9 of the Twinning project.

Indicative benchmarks

3.3.1. Program and time plan of the study tour 3.3.2. Tour realised 3.3.3. Individual reports 3.3.4. Internal monitoring report. Mandatory Result 4

Activity 4.1 : Drafting of a National Maritime Transport Policy and Strategy on maritime safety, maritime security and marine environment protection

The SMA will be supported by ST experts of MS to prepare mid and long term National Maritime Transport policies and Strategy. The support should lead to the creation of draft policies and plans that include 3-5 year and 5-10 year goals, targets and action plans in relation to maritime safety, maritime security and marine environment protection in line with the TRACECA Regional Action Strategy (to be adopted October 2011 by the TRACECA IGC).

Indicative benchmarks

4.1.1. National Maritime Transport Strategy (2012-2015) adopted and translated into English 4.1.2. First draft maritime safety and maritime security policy and strategy prepared by ST expert(s) 4.1.3. Final draft maritime safety and maritime security policy and strategy submitted for approval to the Working group at Cabinet of Ministers.

Activity 4.2 : Organising 2 seminars on maritime policies and strategy

Important for a sustainable medium/long term strategy and policy development on maritime safety and maritime security is that government (SMA, Ministry of Transport, Ministry of Natural Resources and Ecology, Ministry of Emergency and their agencies) discuss the aim and

Page 14: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

14

consequences thereof with public stakeholders (ship owners association, seafarers association or union, municipalities, off shore oil and gas exploring companies, waste handling organisations) on a regular basis. The 2 seminars are example tools for discussing the proposed strategy and policies and are a show case how future strategy and policy preparation should be managed by government.

Indicative benchmarks

4.2. Minutes of the 2 seminars which include presentation documents and comments obtained during the seminar from stakeholders.

Activity 4.3: Study Tour 4 on recognition of maritime training institutes

The main topic for Study Tour 4 is knowledge and skills exchange between SMA and staff of the Maritime Academy in Azerbaijan and representatives of maritime administration in MS on principles and systems of recognition and assessment of quality of maritime training institutes.

The Tour is planned for 5 staff members of the SMA engaged in preparing regulations for recognition of maritime training institutes and of the Maritime Academy in Baku. An interpreter will accompany the group as not all participants may speak/read very well English.

The Tour will last 7 days (5 effective working days) and is planned between month 12 and 15 of the Twinning project.

Indicative benchmarks 4.3.1. Program and time plan of the study tour 4.3.2. Tour realised 4.3.3. Individual report 4.3.4. Internal monitoring report

Activity 4.4: Training of pilots and teachers/trainers of the Maritime Academy

4 harbour pilots are operational in Baku port. Pilotage is not compulsory for ships flagged under the Republic of Azerbaijan but is for foreign flag ships. The available pilot team is ageing (all retired captain/first mates) and new pilots need to be employed. Apart from pilots also professional trainers/teachers of the Maritime Academy should be trained to secure sustainability for the training capacity. The training should last 1 week (5 working days).

Indicative benchmarks

4.4.1. 4 Apprentice pilots employed at SMA, teachers nominated 4.4.2. Individual report 4.4.3. Internal monitoring report

3.5 Means/ Input from the MS Partner Administration:

3.5.1 Profile and tasks of the Project Leader

Page 15: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

15

The MS-project Leader (MS-PL) will be a senior civil servant of a MS institution, working in the field of maritime transportation. He/she should be a high ranked officer with adequate availability throughout the project period to ensure that the MS public administration supports the project and RTA. The MS-PL will devote to the project at least 3 days per month in the MS. He/she participates in the project steering committee meetings every 3 months in the BC and will be available in the Republic of Azerbaijan, if any problems above implementation level are to be overcome.

Project Leader’s main tasks:

- Overall governance and coordination of the project

- Ensuring the direction of project work

- Ensuring the achievement of the mandatory project results on time

- Ensuring the availability of MS-Short Term Experts and other MS-resources on time

Qualification profile of the Project Leader: Qualification and skills

- University degree in maritime transportation or equivalent

- Leadership skills

- Excellent command of written and spoken English

- Command of Azerbaijani/Russian would be an asset

General professional experience

- Minimum 10 years of experience in the maritime transport sector

- Broad knowledge of current EU-policies, existing structures and methods in the sector

- Specific knowledge in their field of activity, e.g.

- Maritime safety and maritime security policies

- Maritime administration set-up and institutional framework

- Experience in EU funded projects would be considered an asset

3.5.2 Profile and tasks of the RTA

The Resident Twinning Adviser (RTA) is a civil servant/staff member of a MS institution. He/she should have considerable knowledge and experience both in management of EU funded projects and in maritime transport sector. He/she must be well acquainted with the mechanisms of institution building and the EU regulations and directives on maritime safety and maritime security. Experience in organisation and implementation of training programmes on maritime safety (what about maritime security?) matters is an asset. Having good management skills is essential. Fluency in English is a must while knowledge of Russian language is an advantage.

Page 16: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

16

RTA’s main tasks :

- ensuring timely start and continuity of the project

- programming and coordinating the whole project to be carried out in the Republic of Azerbaijan and in particular the work to be conducted by the short-term experts;

- programming, organisation and evaluation of study tours to MS countries.

- providing guidance to his/her delegating institution in the identification of short-term experts;

- preparation of Terms of Reference (ToR) for Short Term Experts’ missions

- handling all organizational matters relevant to such experts’ assignments;

- ensuring the production by the short term experts proper quality of outputs;

- liaison with the BC-Project Leader and RTA-Counterpart

- reporting to the MS-Project Leader

- producing regular synthesis reports on the implementation of the project and reporting to the EU.

- providing detailed assessment reports on the training sessions conducted

- provision of own technical expertise and high level advice

- Ensuring visibility of the project according to EU visibility guidelines

Qualification profile of the RTA: Qualification and skills

- University degree in maritime transportation or equivalent

- Project management experience

- Excellent command of written and spoken English

- Command of Turkish/Azerbaijani/Russian language(s) would be an asset

General professional experience

- Minimum 7 years of experience in the maritime transport sector

- Familiarity with current EU-policies, existing structures and methods in the sector

- Experience in delivering high level advice in legislation review will be considered an asset

- Experience in conducting legal reviews will be considered an asset

Specific professional experience

- General knowledge of maritime transport, maritime safety issues, maritime security, marine environment protection

3.5.3 Profile and tasks of the short-term experts

Page 17: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

17

The RTA will be assisted by a pool of short-term experts (STEs) to cover the full range of expertise required by the project. STEs will be civil servants/staff members. The scope of STEs lies in the field of drafting maritime safety, maritime security and environmental protection legislation and regulation, drafting maritime transport strategy and policies, vessel traffic management tools, pilot operations, maritime pollution prevention and combating, Search and Rescue (SAR) operations and recognition of maritime training institutes. Certain key experts require indebt knowledge of mandatory IMO instruments (Conventions) and relevant EU regulations and directives. They will have appropriate qualifications and necessary skills to implement above mentioned activities. The total number of MS expert-days amounts to 362.

In the assigning of Activities to experts, MS should be at liberty to assign more than 1 expert to the major (time consuming) activities such as drafting legislation and regulation. At the same time, some experts may qualify for participating in more than 1 Activity (such as drafting legislation). This enables the MS to assign expert capacity more adequately.

STEs’ main tasks:

- Provision of their specific expertise

- Know-how transfer according to ToR prepared by RTA and BC-partners

- Reporting on their missions

Qualification profile of STEs: Qualification and skills

- Relevant university degree

- Project and training experience would be an asset

- Perfect command of written and spoken English

- Command of Azerbaijani/Russian would be an asset

General professional experience

- Minimum 5 years of experience in the maritime safety issues

Specific professional experience

- Specific knowledge in their field of activity, e.g.

- Maritime transport laws and regulations (IMO Conventions and EU maritime transport regulations and directives)

- Maritime safety and maritime security policies and strategies

- Maritime administration reform of the institutional framework

- Aids to navigation, marine pollution prevention and combat systems, national contingency planning

- Experience in Twinning projects will be considered an asset

Page 18: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

18

- Experience in project management will be considered an asset

3.5.4 Profile and tasks of the RTA Assistant

The Assistant to the RTA is an organisational and logistics support officer. He/she will be fluent in Azerbaijani language and will work full time, for the full project implementation period (18 months for implementation + 3 months for project start up and closure) in the Republic of Azerbaijan and will be based at the project office at SMA in Baku. The Assistant to the RTA will be contracted by the EU Member State partner after the signature of the contract and according to the provisions of the Twinning manual and will be remunerated through the Twinning budget.

RTA assistant’s main tasks:

- Administrative support

- Logistic arrangements for training activities etc.

- Translation and interpretation services

- Assistance in the preparation of working documents,

- Organize and participate in work sessions held with the beneficiary

- Preparation and assistance of/during Steering Committee meetings

Qualification profile of RTA-assistant: Qualification and skills

- University level education

- Fluency in Azerbaijani and good working knowledge of English

- PC Computer literacy with significant knowledge of common software applications such as MS word, excel and power point

- Good inter-personal skills

General professional experience

- At least 5 years of professional experience

- Experience with working routine of international projects

- Prior experience/background in Twinning projects would be an asset

Specific professional experience

- Prior work experience as project coordinator or project assistant

3.5.5. Interpreter/assistant

A part-time Interpreter/assistant assistant is required, fluent in Azerbaijani and English, highly

Page 19: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

19

professional with experience in translating legal text from Azerbaijani to English and vice versa. He/she will also be recruited in the Republic of Azerbaijan and funded as language assistant by the project for the full implementation period (18 months). The language assistant will assist in translation for activity documents for which separate translator/budgets are foreseen. Perfect command in Russian will be considered an asset.

Translation of legal text and strategy and policy documents will be made by separate translators as per budget. The Language assistant may also assist in interpretation during presentations, workshops and seminars. The Interpreter/assistant to the RTA will be contracted by the EU Member State partner after the signature of the contract and according to the provisions of the Twinning manual and will be remunerated through the Twinning budget.

4. Institutional Framework

The SMA is the implementing authority of the Project. At technical level, it will be assisted as necessary by the RTA. Other authorities engaged in the Twinning Project are as follows:

- The Ministry of Transport - The Port Authority of Baku - The Ministry of Natural Resources and Ecology, - The Ministry of Emergency (including Coast Guard) - Maritime Academy of the Republic of Azerbaijan The results of the Project may lead to a change of the national institutional framework when the Cabinet of Ministers and the Parliament of the Republic of Azerbaijan will approve the proposed institutional reforms (See Mandatory Result 4)

5. Budget

The maximum budget amounts to 900.000 (nine hundred thousand) EUR.

6. Implementation Arrangements

6.1 Implementing Agency responsible for tendering, contracting and accounting

Delegation of the European Union to the Republic of Azerbaijan: Mr. Christophe ILAS Mr. Roland Kobia, Head of Delegation Delegation of the European Union to the Republic of Azerbaijan 11th floor, 90 A Nizami Str., Landmark III, AZ 1010 Baku, AZERBAIJAN Tel.: (+994 12) 497 20 63/64 Fax: (+994 12) 497 20 65 Web: http://ec.europa.eu/delegations/azerbaijan/ Email: [email protected]

Page 20: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

20

Assistance to the Delegation in the management and administration of the project is provided by the Programme Administration Office.

Programme Administration Office (PAO)

Mr. Sahil BABAYEV, Director of PAO Department of Foreign Investments and Aid Coordination, Ministry of Economic Development of the Republic of Azerbaijan 6th floor, Government House, 40, Uzeyir Hajibeyov Street Baku, AZ 1000, AZERBAIJAN Tel.: (+994 12) 493 88 67 (ext. 2115) Fax: (+994 12) 598 07 86 Email: [email protected] 6.2 Main counterpart in the BC

BC Project Leader: Mr. Ahmad ISMAYILOV, Head of the Department of Law, Human Resources, International Relations and Conventions, Republic of Azerbaijan, State Maritime Administration 4, Neftchiler Avenue, Baku, AZ1095, AZERBAIJAN Tel.: (+994 12) 497 44 05 (ext. 116) Fax: (+994 12) 497 44 06

Email: [email protected] [email protected]

RTA Counterpart: Mr. Farhad MAMMADOV, Head of the International Relations and Conventions Sector, Republic of Azerbaijan, State Maritime Administration 4, Neftchiler ave. Baku, AZ 1095 Azerbaijan Tel: (+994 12) 497 44 05 (ext.114) Fax: (+99412) 497 44 06 Email: [email protected] 6.3 Project Steering Committee

To monitor the project a steering committee should be established which verifies the achievement of outputs and mandatory results and discusses actions to be undertaken. The steering committee meets regularly once every 3 months.

Members of the steering committee should be at least:

Page 21: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

21

- MS project leader and RTA - BC project leader and RTA - Representative of the EU Delegation to the Republic of Azerbaijan as observer - Representative of PAO as observer

- Other line ministry representatives (as observers) as required

The exact composition of the steering committee will be determined in the Twinning contract. Whenever necessary, representatives of institutions, other donors or key experts should be invited to join the steering committee meetings.

7. Implementation Schedule (indicative)

7.1 Launching of the call for proposals (Date)

The launch of the call for proposals among MS is estimated to take place in July 2011.

7.2 Start of project activities (Date)

The start of project activities is expected to take place at the beginning of April 2012.

7.3 Project completion (Date)

The completion of project activities is expected to take place at the end of September 2013.

7.4 Duration of the execution period (number of months)

The duration of the execution period is 18 months.

Contracts Start of Tendering Signature of contract Project Completion

Twinning Contract 2nd QTR 2011 2nd QTR 2012 3rd QTR 2013

8. Sustainability

To further ensure the sustainability of project results it should especially be observed:

a) That the Twinning is regarded as a part of an overall strategy for SMA and its results should actively be promoted during negotiations with other donors. b) That those activities, which require further input from other donors, should be coordinated with potential donors at an early stage to allow a quick sequencing of donor activities c) That a constant re-training of SMA staff takes place. Therefore internal training capacities of

Page 22: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

22

SMA will be identified during training activities.

The project sustainability will be ensured by the continuous upgrading of administrative capacity not only of SMA, but also of all the other relevant institutions and private parties, directly or indirectly involved in this project.

9. Crosscutting issues

Based on the principle of equality participation in the project will be guaranteed on the basis of equal opportunity and without discrimination.

10. Conditionality and sequencing

The project is conditional to the good cooperation by the Ministry of Transport, the Ministry of Natural Resources and Ecology, the Ministry of Emergency, the Port of Baku and the Maritime Academy for the Improvement of Maritime Safety in the Republic of Azerbaijan. It is also crucial to ensure co-operation of private stakeholders.

TABLE OF CONTENTS 1. Basic Information.................................................................................................................... 1

1.1 Programme...................................................................................................................... 1

1.2 Twinning Number........................................................................................................... 1

1.3 Title ................................................................................................................................. 1

1.4 Sector .............................................................................................................................. 1

1.5 Beneficiary country......................................................................................................... 1

2. Objectives ............................................................................................................................... 1

Page 23: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

23

2.1 Overall Objective:........................................................................................................... 1

2.2 Project purpose: .............................................................................................................. 1

2.3 Contribution to the EU –Republic of Azerbaijan Partnership and Co-operation Agreement (PCA), NIP, ENP Action Plan, ENPI-Eastern Regional Programme-Strategy Paper, ENPI-Azerbaijan-Strategy Paper..................................................................................... 1

3. Description.............................................................................................................................. 2

3.1 Background and justification: ......................................................................................... 2

3.2 Linked activities.............................................................................................................. 5

3.3 Results:............................................................................................................................ 5

Inter-relation among the mandatory results/components........................................................ 8

3.4 Activities:........................................................................................................................ 9

3.5 Means/ Input from the MS Partner Administration: ........................................................... 14

3.5.1 Profile and tasks of the Project Leader ........................................................................ 14

3.5.2 Profile and tasks of the RTA........................................................................................ 15

3.5.3 Profile and tasks of the short-term experts .................................................................. 16

3.5.4 Profile and tasks of the RTA Assistant ........................................................................ 18

3.5.5. Interpreter/assistant ..................................................................................................... 18

4. Institutional Framework........................................................................................................ 19

5. Budget ................................................................................................................................... 19

6. Implementation Arrangements.............................................................................................. 19

6.1 Implementing Agency responsible for tendering, contracting and accounting ............ 19

6.2 Main counterpart in the BC........................................................................................... 20

6.3 Project Steering Committee .......................................................................................... 20

7. Implementation Schedule (indicative) .................................................................................. 21

7.1 Launching of the call for proposals (Date) ................................................................... 21

7.2 Start of project activities (Date).................................................................................... 21

Page 24: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

24

7.3 Project completion (Date) ............................................................................................. 21

7.4 Duration of the execution period (number of months) ................................................. 21

8. Sustainability......................................................................................................................... 21

9. Crosscutting issues................................................................................................................ 22

10. Conditionality and sequencing.......................................................................................... 22

ANNEX 1: Logıcal framework matrıx ın standard format ........................................................... 25

ANNEX 2: Lıst of the used abbrevıatıons and acronyms............................................................. 30

ANNEX 3: Priority Action logframe............................................................................................ 31

Page 25: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

25

ANNEX 1: Logıcal framework matrıx ın standard format LOGFRAME PLANNING MATRIX FOR Twinning Project Fiche: IMPROVEMENT OF MARITIME SAFETY AND SECURITY IN THE REPUBLIC OF AZERBAIJAN

Programme name and number: ENPI

“Improvement of Maritime Safety in the Republic of Azerbaijan”

NO: ...

Contracting period expires:

Disbursement period expires

Duration: 18 month implementation + 3 months for project start up and closure

ENPI budget: 900.000 EUR

Overall objective Objectively verifiable indicators Sources of Verification Assumptions

The overall objective of the project is to align the Republic of Azerbaijan’s legislation on Maritime Safety and Maritime Security in accordance with short-term priorities in the ENP and to strengthen the capacity of the SMA of the Republic of Azerbaijan to implement the requirements of the EU acquis and IMO Conventions on Maritime Safety, maritime security and marine environment protection

Compared to 2010, by the end of 2013, a national legislation system on maritime safety, maritime security, ports and marine environment protection approximated to EU regulations directives and IMO conventions is to be achieved by a full set of primary and secondary legislation and a sound improvement of technical capacity of the SMA.

Over 50 % of all IMO conventions acceded by the Republic of Azerbaijan and aligned with EU maritime safety transport directives have been covered by national regulation in English and Azerbaijani language

• IMO regulations • National laws and regulations • Long term strategy for the Maritime transport sector • Legal data base • Interim and final evaluation reports

Page 26: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

26

Project purpose Objectively verifiable indicators Sources of Verification Assumptions

To support the State Maritime Administration of the Republic of Azerbaijan in the implementation of EU and international legal requirements in the field of maritime safety, maritime security and prevention of marine environment pollution.

Positive assessment for the results of the project, in the Progress Report issued after the completion of the project.

Preparing legal framework for maritime safety, maritime security ports and marine environment protection.

SMA has employed and educated a professional team aware of legal, administrative and technical aspects of on maritime safety and maritime security issues and implementation techniques regarding relevant international rules and EU regulations and directives.

• Official Gazette • SMA reports • SMA website • SMA legal database • SMA ship inspection database • IMO regulations and circulars • Country Progress Report within ENP

• Relevant institutions; SMA, Baku International Sea Trade Port, the Ministry of Natural Resources and Ecology the Ministry of Emergency (including Coast Guard), the Maritime Academy of the Republic of Azerbaijan will act in an harmonized manner. • Furthermore, ITTSO is backing up the project, and a good coordination between EUD, PAO and all beneficiaries is ensured. The transport strategy is ready before the start of the project.

Results Objectively verifiable indicators Sources of Verification Assumptions

Component 1 : Institutional analysis and review of maritime safety and maritime security regulation 1. Improved legislative framework for safe and secure maritime activities in line with ratified IMO/SOLAS conventions and relevant EU regulations and directives Component 2: Improvement of the environment/ecology issues related to maritime safety

1.1.0. Kick off-meeting held with SMA 1.1.1. Example draft of international Merchant Shipping Law and underlying regulation, produced by MS. 1.1.2. Establishment of a working group with participants of SMA, Cabinet of Ministers (or their relevant committee) and members of parliament (or its relevant committee). 1.1.3. Draft new Merchant Shipping Code prepared 1.1.4. Draft of underlying regulations prepared by working group

. Recommendations prepared by ST experts 1.2.2. Comments received from SMA

• Official Gazette • SMA legal database • SMA reports and recordsAttendence sheets (study tours, training, seminars) • Minutes of meetings • Programs&time plans • Individual study tour mission reports by beneficiary participants • Internal evaluation

• Cooperation and coordination among relevant public and private stakeholders. • The interest of High Level policymakers for improving legal framework for maritime safety, marine environment protection and for ports in the Republic of Azerbaijan • Availability of Twinning Experts with the required qualifications

Page 27: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

27

2. Improved legislative framework through regulations in line with ratified IMO/Marpol+OPRC conventions and relevant EU directives Component 3 : Regulatory framework for Ports and capacity building for safe navigation in ports 3. Improved legal framework for ports in the Republic of Azerbaijan Component 4: Maritime transport strategy and policy capacity building 4. Updated maritime transport policy and new Maritime Transport strategy and National Action Plan on maritime safety, maritime security and protection of marine environment for the period 2012-2022.

1.2.3. Legal database structure approved by SMA . Program and time plan of the study tour . Tour realised . Individual mission reports . Internal monitoring report

. Example drafts of laws and underlying regulation of international Marine in relation to MARPOL/OPRC, produced by MS.

. Establishment of a working group with participants of SMA, Cabinet of Ministers (or their relevant committee) and members of parliament (or its relevant committee).

. Draft of underlying regulations prepared by working group

. Participants selection between governmental bodies completed

. Program and time plan of the study tour

. Tour realised

. Individual reports

. Internal monitoring report Assessment report on institutional structure of

port navigational safety and port basin environment protection 3.2.1. Draft Port Law prepared by ST expert 3.2.2. Working group with stakeholders established 3.2.3. Proposals accepted by SMA and Working group

. Program and time plan of the study tour

. Tour realised

. Individual reports 3.3.4. Internal monitoring report 4.1.1. National Maritime Transport Strategy (2012-2015) adopted and translated into English 4.1.2. First draft maritime safety and maritime security policy and strategy prepared by ST expert(s) 4.1.3. Final draft maritime safety and maritime

reports • Monitoring reports • Quarterly reports • Kick-off meeting Press release • Twinning Newsletters • ENP reports • EAMR reports

• Transport strategy and policy (2012-2015) approvaal by Cabinet for the short term to be completed by the start of the Twining activities • Quality of translations (legal text) is up to standard

Page 28: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

28

security policy and strategy submitted for approval to the Working group at Cabinet of Ministers.

Minutes of the 2 seminars which include presentation documents and comments obtained during the seminar from stakeholders

. Program and time plan of the study tour 4.3.2. Tour realised 4.3.3. Individual mission reports from all participants (Evaluation scores by participants amounts to 75 % high satisfaction). 4.3.4. Internal monitoring report

. 4 Apprentice pilots employed at SMA, teachers nominated 4.4.2. Individual report 4.4.3. Internal monitoring report

Activities Means Costs Assumptions

Preparation Activity: Study visit after selection of partner MS Implementation Activities: 1.1 Redrafting Merchant Shipping Code and upgrade and extend underlying regulations 1.2 Recommending on new legislation and structuring legal data base 1.3 Study Tour 1 on maritime transport legislation

2.1 Drafting of laws and regulations to regulate marine pollution prevention and combat 2.2 Study Tour 2 on maritime environment risk analysis,

• 1 Twinning Contract • 1 RTA (21 m/m or throughout the project) • 1 RTA assistant and 1 Language assistant • LT and ST experts (362 person days in total) • 2 one day seminars for SMA, ministries and stakeholders • 4 one week Study tours (98 calendar days per diem) • 1 one week training (for 4 pilots employed at SMA and trainers to be nominated from the Maritime Academy)

900,000 € • Necessary interest and attention from relevant governmental bodies institutions will be shown • Legal text preparations and acceptance can be finished on time • Suitable Study Tour participants from other than SMA bodies will be nominated • Minimum of 4 new pilots will be timely recruited by SMA Risks • Budget approval form hiring of 4 new pilots will not

Page 29: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

29

pollution prevention and combat

3.1 Analysis of Baku Port Statute, port regulations and national port development plans 3.2 Preparation of draft National Port Law and by-laws (port regulations) 3.3 Study Tour 3 on VTMIS

4.1 Drafting maritime safety, maritime security and marine protection environment policy and strategy 4.2 Organising 2 seminars on maritime policies and strategy 4.3 Study Tour 4 on recognition of maritime training institutes 4.4 Training of pilots and teachers/trainers of the Maritime Academy

timely pass • Work pressure at SMA (RTA Counterpart) disturbes smooth processing of activities • Translation cost exceed budgets due to volume and revision of documents

Page 30: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

30

ANNEX 2: List of the used abbreviations and acronyms

Institutional BC Beneficiary Country ECD European Commission Delegation ENP European Neighbourhood Policy ENP AP European Neighbourhood Policy Action Plan ENPI European Neighbourhood and Partnership Instrument EU European Union ILO International Labour Organization IMO International Maritime Organization ITTSO Implementation of Twinning, TAIEX & SIGMA Operations in Azerbaijan MoF Ministry of Finance MoT Ministry of Transport MoU Memorandum of Understanding (Paris, Mediterranean, Black Sea) MS EU Member State MS PL Member State Project Leader NIP National Indicative Programme PAO Programme Administration Office PCA Partnership and Cooperation Agreement RTA Resident Twinning Adviser SASEPOL Safety, Security and Pollution Prevention program SMA State Maritime Administration of the Republic of Azerbaijan STE Short Term Expert TAIEX Technical Assistance Information Exchange Office ToR Terms of Reference TRACECA Transport Corridor development program Europe-Caucasus-Asia

Maritime transport terminology AIS Automated vessel identification system FSI Flag Sate Implementation LRIT Long Range Identification and Tracking PSC Port State Control VTMIS Vessel Traffic Management and Information System

International Maritime Conventions and Codes INTERVENTION Convention for intervention of coastal States regarding ship casualties in high seas ISPS International Code for the Security of Ships and of Port facilities LRIT Long Range Identification & Tracking MARPOL on prevention sea pollution from ships OPRC Convention on oil pollution, preparation, response and cooperation SAR Convention on search and rescue at sea SOLAS Safety of lives at sea Convention Standards of training and certification of the seafarers & watchkeeping on board Convention TEHRAN Multi-lateral agreement on maritime transport in the Caspian Sea

Page 31: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

31

ANNEX 3: Priority Action logframe

Page 32: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

32

Page 33: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

33

Page 34: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

34

Page 35: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

35

Page 36: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

36

Page 37: 2. Objectives Maritime Administration (SMA) European Union ... · ¾ Monitoring and training of pilot services ¾ Ship wreck and salvage removal ¾ Certification of maritime training

37