Inception report - Autoritatea Aeronautică Civilă MoldovaDrept urmare rezumatul, obiectivele proiectului şi descrierea ... The Civil Aviation Authority (CAA) was established in

Technical Assistance for the implementation of the legal and regulatory framework in the Aviation Sector according to the

Agreement on Common Aviation Area between the EU and the Republic of Moldova

Inception report - 1.0 -

Chisinau April/May 2013

Technical Assistance for the implementation of the legal and regulatory framework in the Aviation Sector according to the Agreement on Common Aviation Area between the EU and The Republic of Moldova

V 1.0 Inception Report April/May 2013 Page 2 of 39

Project Title: Technical Assistance for the implementation of the legal and regulatory framework in the Aviation Sector according to the Agreement on Common Aviation Area between the EU and The Republic of Moldova

Project Number: EuropeAid/132145/C/SER/MD

Country: Republic of Moldova

Main Beneficiary EU Consultant

Name: Civil Aviation Authority Consortium of NTU International ApS /

of the Republic of Moldova LFV Aviation Consulting AB / Hulla & Co.

Human Dynamics

Address: 80/2, Dacia blvd. 22, Ved Stranden

P.O Box 1111

MD-2026 Chisinau DK-9100 Aalborg

Republic of Moldova Denmark

Tel. number: +373 22 52 40 64 +45 99300000

Fax. number: +373 22 52 91 18 +45 99300001

Contact person: Mr Vladimir Cebotari Ms Emina Kapetanovic

Signatures: .................................... .....................................

Date of Report: 11.04.2013/16.05.2013

Reporting Period: 11.02.2013 - 10.04.2013

Authors of Report: Dr Branko Lučovnik (Team Leader)

Dr Heiko van Schyndel (Civil Aviation Legal Expert)

Marian Bujnowski (Aviation Security Expert)

Stanislav Petrascu (Assistant Team Leader)

EEAS-Chisinau ________________ _________________ _________________

(name) (signature) (date)



Document Control

Record of Amendments

Date Version Changed by Description of Changes

11.04.2013 0.1 - Initial Draft - - Initial Draft -

08.05.2013 0.2 Dr Branko Lučovnik

Dr Heiko van Schyndel

Ms Emina Kapetanovic

Introduction of remarks received from PM office, CAA, EUHLPAM, EUD

16.05.2013 1.0 Dr Branko Lučovnik

Dr Heiko van Schyndel

Introduction of remarks received from Steering Committee



Table of Contents

Document Control 3

Table of Contents 4

Figures 5

Abbreviations 5

1. Executive summary 6

2. Update on Background 8

3. Project synopsis 9

3.1 Overall objectives 9

3.2 Project purpose 9

3.3 Planned results 9

3.4 Beneficiaries 10

3.4.1 Ministry of Transport and Road Infrastructure 10

3.4.2 Civil Aviation Authority 11

3.4.3 Other stakeholders 13

4. Detailed Plan of operations 14

4.1 Overall plan of operations / work plan for the project as a whole 14

4.2 Plan of operations for the next period 15

5. Implementation arrangements 20

6. Monitoring and Evaluation 21

6.1 Definition of indicators 21

6.2 Monitoring/Reviews 21

6.3 Short-term Experts 22

7. Update on Assumptions and Risks 23

7.1 Assumptions at different level 24

7.2 Risks and flexibility 24

8. Planning to ensure sustainability 26

Annexes 27

A1 Logical Framework Analysis 28

A2 Overall plan of operations or work plan for the project as a whole 32

A3 Plan of operations for the next period 34

A6 Overall result performance plan 37

Bibliography 39



Figures

Figure 1: The CAA organizational structure .............................................................................................. 13

Abbreviations

AOC Air Operator Certificate CAA Civil Aviation Authority CAAA Common Aviation Area agreement CEE Central Eastern Europe CIS Community of Independent States DG Director General EASA European Aviation Safety Agency EC European Commission ECAA European Common Aviation Area ECAC European Civil Aviation Conference ENAP European Neighbourhood Action Plan EU European Union EUD European Union Delegation to the Republic of Moldova HD Hulla & Co. Human Dynamics KG HQ Headquarters IATA International Association of Air Transport ICAO International Civil Aviation Organization IR Inception Report JAA Joint Aviation Authorities KE Key Expert LFV LFV Aviation Consulting AB MEA Middle East Africa MOLDATSA Moldavian Air Traffic Services Authority MTRI Ministry of Transport and Road Infrastructure NKE Non Key Expert NTU NTU International ApS MD Republic of Moldova PM Project Manager SAFA Safety Assessment of Foreign Aircraft STE Short Term Expert TA Technical Assistance TL Team Leader TNA Training needs analysis ToR Terms of reference TRACECA Transport Corridor Europe-Caucasus-Asia WB World Bank



1. Executive summary

The Inception Report is depicting and summarizing the review of documentation undertaken by Contractor and evaluating the Methodology and Terms of References and other documents which form the basis for the start of the Technical Assistance for the implementation of the legal and regulatory framework in the Aviation Sector according to the Agreement on Common Aviation Area between the EU and the Republic of Moldova, project. With presented final version of the Inception Report special care was taken in make it shorter in general (in comparison with the first draft of the report) and besides comprising more details regarding the planning of the project itself. The final version is from the beginning designed differently. It comprehend different chapters and this is very evidently already with the table of contents. First the explanation of the reasons for the changes is showing the distinction from the initial version. Further in the IR project’s synopsis, project objectives, description of beneficiaries is now denoted on much shorter way. The main difference lies in the description of the plan of operation, implementation arrangements and monitoring system. Also chapter Assumptions and risks is now changed in line with the remarks proposed by the project beneficiary. Additionally, the four annexes are describing activities in the 36 months project in more details.



REZUMAT

Raportul de iniţiere reflecta viziunea generală formată în urma documentării întreprinse de către Contractant evaluînd Metodologia şi Termenii de referinţă, precum şi alte documente care au stat la baza iniţierii Proiectului de Asistenţă tehnică pentru implementarea cadrului legal şi de reglementare în sectorul aviaţiei civile în conformitate cu Acordul UE-RM privind Spaţiul aerian comun. Versiunea finală a Raportului este una mai scurtă şi a fost elaborată diferit, comparativ cu precedenta, astfel cuprinzînd mai detaliat planificarea Proiectului insuşi. Au fost incluse alte capitole, lucru evident observat in cuprins. Explicaţia motivelor care au stat la baza modificării Raportului reflectă deosebirea de versiunea iniţială a acestuia. Drept urmare rezumatul, obiectivele proiectului şi descrierea beneficiarilor este relatată mai succint. Diferenţa esenţială constă în descrierea planului de acţiuni, măsurile de implementare şi monitorizarea. La fel, conform remarcilor parvenite din partea beneficiarilor, a fost modificat capitolul “Riscuri şi Presupuneri”. Adiţional, în patru annexe este descrisă activitatea detaliată a proiectului pe parcursul a 36 luni.



2. Update on Background

In line with the remarks of the main beneficiary (CAA Moldova DG Mr. Vladimir Cebotari), Mr. Vigo Legzdins (EU High Level Policy Advice Mission, Adviser to MTRI), Mr. Radu Bezniuc (Transport Adviser of the Prime Minister) and above all in accordance to the request of Mr. Alexandre Darras (Attaché - Project Manager EU Delegation to Moldova), a new shorter version of the Inception Report was prepared. The reasons for that are various and could be quoted as very general and also more detailed in certain respect. All of the remarks are exposing the same recommendation, that the plan itself, e.g. “Overall project’s plan” and planning for the first few months, should be more accurate and detailed. The final version contains more detailed information in order to allow monitoring and evaluating the plan and implementation arrangements. For that purpose four annexes are appended.

The chapter concerning Assumption and risks was also revised. The main reason for alleging the possible risks is as it is very well explained in the ToR, however, Contractor in this IR version is dedicating more effort in explaining and to demonstrating various reasons of the potential implementation risks.

In April 2010, the Moldovan Government expressed its wish to start negotiations for a Common Aviation Area Agreement (CAAA) between the EU and Moldova. After assessing the situation and performing the economic analysis of the possible impact of concluding such an agreement was undertaken the European Commission (EC) was authorized to negotiate a comprehensive Common Aviation Area Agreement with Moldova. Priority areas for such agreement were market opening, freedom of establishment, equal conditions of competition and common rules in the areas of aviation safety, security, air traffic management, social conditions and environmental protection. Insofar, the aviation sector of the Republic of Moldova will experience significant changes in coming years associated with the forthcoming market liberalization and applying of EU civil aviation safety and security regulations. With this on line, the EC acknowledged that a project of Technical assistance shall be introduced in Republic of Moldova.

Since the preparation of the ToR for the project Moldova carried out important reforms in the field of aviation. The Civil Aviation Authority (CAA) was established in May 2012 to strengthen aviation safety. The EU-Moldova Common Aviation Area Agreement was signed on 26 June 2012, aiming to gradually integrate Moldova into the European common aviation market.

Moreover, since the tendering procedures for the project the Republic of Moldova concluded the ratification procedure for the CAAA. This was done by the Moldovan Parliament on 20 December 2012. The publication of the respective legal act in the Official Journal took place on 25 January 2013. After that the Ministry of Foreign Affairs and European Integration notified the European Commission on 1 February 2013 on finishing the ratification procedures. For the time being the Agreement from EU countries side has been ratified by Estonia only.

In addition, on a first meeting of the EU-Republic of Moldova Joint Committee in Chisinau on 14 February 2013 the participants from Moldova and the EU agreed that the Republic of Moldova will gradually implement the Acquis as updated in the list provided by the EU Delegation.

The updated list covers regulations and directives named in the Annex III of the CAA that have been amended in the meantime (e.g. Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators or Commission Regulation (EU) No 691/2010 of 29 July 2010 laying down a performance scheme for air navigation services and network functions and amending Regulation (EC) No 2096/2005 laying down common requirements for the provision of air navigation services) as well as legal acts that have been



newly adapted (Commission Implementing Regulation (EU) No 1206/2011 of 22 November 2011 laying down requirements on aircraft identification for surveillance for the single European sky or Commission Regulation (EU) No 1781/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council).

Recent development in civil aviation area is showing that some of the European standards are already implemented into the practical operational activities. The MoldATSA is already long ago separated from the CAA as EC Regulation No 549/2004 Laying down the framework for the creation of the single European Sky is providing for. The CAA become quite open to the requests of EU airlines in line with the open sky policy and above all the new Aviation Act which is now in the governmental procedure is based on the Acquis.

3. Project synopsis

3.1 Overall objectives

The overall objective of the project is to improve air transport safety and security by assisting civil aviation authorities of the Republic of Moldova in adoption and implementation of the legal and regulatory framework for the aviation sector according to the terms agreed in the EU – Moldova Common Aviation Area Agreement (EU-MD CAAA, or CAA) to be updated and amended from time to time by a decision of the (preliminary) EU-Republic of Moldova Joint Committee.

3.2 Project purpose

The purpose of the project remained unchanged and is as follows:

• Assist Moldovan civil aviation authorities in drafting of national legal and regulatory documents

in accordance with the EU aviation legislation to be transposed according to the EU-MD CAA

Agreement;

• Provide support during the adoption and enforcement phases of the new legal and regulatory

framework;

• Carry out the functional analysis of the existing system and practices, prepare

recommendations for the necessary changes, including strengthening of the administrative and

technical capacity of the Moldovan civil aviation authorities required to implement the agreed

legal and regulatory framework, and provide assistance during the change process, including

special training for the Moldovan partners and study visits to the EU Member states.

Beside that the Contractor’s overall understanding of the project is that there is a need to establish a warm and friendly atmosphere between all the parties as only that could bring positive results. Therefore, Contractor’s desire is to be able to answer each and every question concerning the overall Civil Aviation situation, standards and day to day practise in EU, whenever possible.

3.3 Planned results

The planned results are comprehended in four different components in line with the already introduced Methodology. The main results should be recognized from the later implemented practical



administrative and also operational work and procedures of the Moldavian CAA, Ministry of Transport and all other Civil Aviation institutions and enterprises. All that should be in compliance of the European standards and practice.

This will be achieved by:

Supporting and giving advices during the enforcement phase of the new adopted regulatory framework;

Supporting the Moldovan CAA and MTRI in finding a common Institutional strengthening and capacity building needs, which is to be achieved in training during the implementation period;

Organizing training in safety, security, competition rules etc. In accordance to the beneficiaries needs1.

3.4 Beneficiaries

3.4.1 Ministry of Transport and Road Infrastructure

The Ministry of Transport and Road Infrastructure is responsible for national policy and legal framework in civil aviation. Taking into account that the civil aviation policy tasks have been transferred to the Ministry from previously independent State Administration of Civil Aviation only in 2009, capacity strengthening is and will be necessary to fulfil all the responsibilities according to the Law. According to Article 4 of the Law on civil aviation of 9 July 1997 the MRTI is responsible for the following:

preparation and ensuring implementation of the international agreements in the field of civil aviation;

representation of the Republic of Moldova in International Civil Aviation Organizations and together with the Ministry of Foreign Affairs and the European integration cooperation with other states and the international organizations in the field of civil aviation within the powers determined by the Government;

issue of permissions to performance of regular air flights;

definition and appointment of the bodies responsible for air traffic service, air navigation information, aviation telecommunication, meteorological services provided in civil aviation, aviation safety, and also the medical institutions which are carrying out physical examination of the aviation personnel;

definition of prohibited zones and zones of flight restrictions in air space of the Republic of Moldova;

establishment together with the Ministry of Defence of an order of coordination of flights of civil and military aircrafts in air space of the Republic of Moldova;

ensuring implementation of activity on providing air navigation information;

1 Some of that could be also performed through TRACECA projects.



ensuring collecting at the physical and legal entities who are carrying out activities in the field of civil aviation, the statistical and other data necessary for the analysis of activities in the branch, an assessment and submission of these data to the government bodies of statistics and the international organizations in the field;

taking measures to ensuring investigation of aviation incidents and the incidents which were taking place in the territory of the Republic of Moldova, according to provisions of the current legislation and subordinated aviation regulations, participation in investigation of aviation incidents and incidents with civil aircraft registered in the Republic of Moldova, taking place in the territory of other states;

the establishment of airways and rules of the air in the air space of the Republic of Moldova;

ensuring supervision of the management of the state property transferred to operational management to the enterprises which a founder of is the Ministry of transport and road infrastructure;

the edition obligatory for execution of rules of certification of operators, aviation agents, the aviation personnel, the technical means used in the field of civil aviation, and establishment of conditions of issue, suspension or a withdraw of documents of certification (permissions);

appointment of managing directors and members of administrative councils of the state enterprises which a founder of is the Ministry of transport and road infrastructure;

coordination of actions on search and rescue in case of aviation accidents in the territory of the Republic of Moldova;

registration of civil airfields (airports);

issue of licenses for construction and reconstruction of civil airfields (airports);

coordination of construction works in zones of civil airfields (airports);

development of special rules on simplification of the formalities connected with international air transport;

presentation to the Government for approval of tariffs for air navigation services and services of the airports;

determination of legal status of divisions of the Civil Aviation Authority.

3.4.2 Civil Aviation Authority

Civil Aviation Authority (CAA) is the central specialized, executive, coordinating and control body of the Public Administration in the field of civil aviation, subordinated to the Ministry of Transport and Roads. The Civil Aviation Authority of the Republic of Moldova (CAA) operates under the political oversight of the Ministry of Transport and Road Infrastructure and is responsible for the implementation of national policy and legal requirements.

In fact most of the technical and administrative capacity of the sector is concentrated in CAA. Number of CAA employees is 92 persons.

According to Article 5 of the Law on civil aviation of 9 July 1997 the CAA is responsible for the following:



cooperation with the specialized international organizations and similar bodies of other states, including by the conclusion of bilateral agreements about cooperation, exchange of experience and information relating to the field of civil aviation, within the powers established by the Government;

supervision of safety of flights of civil aircraft and aviation safety operators of aircraft, operators of airfields (airports), suppliers of air navigation services, other physical and legal entities who are carrying out activities in the field of civil aviation;

supervision of observance of standards of continuing airworthiness of civil aircraft by operators and the enterprises which are carrying out repair and maintenance of the aircraft equipment in the territory of the Republic of Moldova;

maintaining the Aviation register of the Republic of Moldova;

check, issue, recognition, suspension and withdraw of airworthiness certificates of civil aircraft and other aircraft equipment;

issue, recognition, suspension and withdraw of certificates of the aviation personnel, certificates (permissions) of the operator, certificates (permissions) of the aviation agent, documents on certification of the technical means used in civil aviation, certificates (permissions) to service in protected zones of limited access of the airports;

certification and supervision of operation of airfields (airports) and other land services and equipment;

permission of transportation of dangerous goods aircraft in air space of the Republic of Moldova;

permission of installation of the radio communication equipment on-board the civil aircraft registered in the Republic of Moldova, and supervision of its use;

supervision of metrological services provided in civil aviation;

permission of use of the radio-transmitting objects in the range of the frequencies allocated for civil aviation, and supervision of their use;

approval of programs of preparation of the aviation personnel;

supervision of activities of the medical institutions which are carrying out physical examination of the aviation personnel;

delivery of permissions to performance of charter flights;

supervision of performance of scheduled and charter flights;

supervision of observance of special rules of simplification of the formalities connected with the international air transport;

supervision of operation of civil aircrafts;

acceptance, within its powers, of solutions of administrative character, the adoption of provisions, instructions and other acts of technical character containing standards and procedures, obligatory for execution by the physical and legal entities who are carrying out activities in the field of civil aviation;

presentation to the Ministry of transport and road infrastructure for acceptance the internal



organizational structure, fee paying system;

the requirement from aviation agents for the maintenance of the qualification of the inspectors and of their admission to performance of their functional duties determined by the certificate of aviation personnel which the inspector owns without payment from aviation agents.

These responsibilities find their expression in the organizational structure of the CAA of the Republic of

Moldova:

Figure 1: The CAA organizational structure

3.4.3 Other stakeholders

Other stakeholders benefiting from the results of the project are:

• Chisinau International Airport

(for details see: http://www.airport.md/about-airport-en/)

• MoldATSA

(for details see: http://www.moldatsa.md/en)

• Air Moldova

(for details see: http://www.airmoldova.md/about-company-en/).



4. Detailed Plan of operations

4.1 Overall plan of operations / work plan for the project as a whole

The Overall plan of operations / work plan for the project as a whole remained unchanged in comparison with the methodology provided in the tender procedure. The activities to be performed and the planned resource allocation are as follows:

Activity Resource allocation Project Inception 0.1: Inception phase Key Experts: 60 working days 0.2: Set up project management structures and procedures 0.3: Gap assessment and action plan Component 1: 1.1: Identification of pieces of legislation to be implemented

(including amendments agreed upon on the first meeting of the EU-Republic of Moldova Joint Committee)

Key Experts: 95 working days

1.2: Detailed plan: Development of the detailed plan and description for each piece

Component 2: 2.1: Monitoring matrix to measure and validate the progress

and existing gaps Key Experts: 310 working days Senior STE: 20 working days Junior STE: 110 working days 2.2: Drafting assistance

2.3: Legal drafting progress monitoring Component 3: 3.1: Presentation of the best practice and study tours Key Experts: 625 working days

Senior STE: 50 working days Junior STE: 20 working days

3.2: Organization of specialised training 3.3: Assistance in drafting of procedures and manuals 3.4: Carrying out of conformity checks 3.5: Providing advice on identification and mitigation of the

risks 3.6: Advisory support to the project counterparts Component 4: 4.1: Identification of the needed input Key Experts: 170 working days

Senior STE: 80 working days Junior STE: 20 working days

4.2: Capacity building support

Project Management PM1: Maintain working relationships with project counterparts PM 2: Progress Monitoring PM3: Report on project progress and financial issues PM4: Project visibility Promotion PM5: Project termination actions



More details may be draw from the “Organisation and Methodology” provided by the Consortium in the tender procedure and from Annex A2.

Due to the fact that certain activities planned have be initiated by the Moldovan aviation Authorities already this might lead to an adjustment of the scope and planning of work in the future. At the same time it is also clear that these deviations from the ToR will not be significant and can be agreed during the Steering Committee meetings throughout the implementation period of 3 years.

4.2 Plan of operations for the next period

Based on the overall plan after the finalisation of the Inception phase the real project work will start. The activities planned for the next project period of 4 months are:

Taking into account the result of the evaluation of the present situation during the inception phase one of the main activities for the next 4 months is the preparation of a plan for drafting and accepting of the legal and regulatory framework and procedures according to the CAA Agreement between EU and Moldova. This plan should be drafted

- firstly, by updating the list of legislation to be implemented under Annex III and

- later on, as a more detailed one for each of the EU Regulations or Directives to be

implemented.

The updated list will just list the respective regulations and directives and their amendments, including those proposed by the Meeting of the – provisional – Joint Committee held in Chisinau in 14 February 2013.

It is envisaged, that this plan should contain two columns:

The first column shall list the EU legislation to be implemented according to the CAAA; the second – the legislation to be implemented following the proposal made by the EU side during the Meeting of the – provisional – Joint Committee.

Example for the updated list:

CAAA Updated list of the Acquis

… …

- No 1079/2012 Commission Implementing Regulation (EU) No 1079/2012 of 16 November 2012 laying down requirements for voice channels spacing for the single European sky

Component 1.1: Updated list of legislation



After the updated list is set up, the team will prepare a more detailed plan with the description of the following for each of the respective EU regulations and directives:

It is envisaged, that this plan should contain five columns:

As EU legislation is the basis of the alignment of Moldovan legislation, the first column should list the EU regulations and directives to which Moldovan legislation in accordance with the Common Aviation Area Agreement between the European Union and its Member States and the Republic of Moldova (OJ No. L 292 of 20 October 2012, p. 3) and its amendments should be aligned. To facilitate further work recommendations are to be given as to which provisions of the respective EU regulations and directives are applicable to Moldova. The applicable provisions mainly are to be taken from Annex III to the CAAA. As far as EU legislation is amended, replaced or changed already since the negotiations on the CAAA or is currently under review, this has to be mentioned and taken into account in the Plan.

The second column refers to the relevant Moldovan transport legislation ·in force. The references should be taken from a respective analysis provided for by the Beneficiary. The Moldovan legislation in force seems to include not only laws adopted by the Parliament but also subordinated regulations (bylaws, orders etc.) of the Moldovan Government or Moldovan Ministers to enforce the laws.

The third column indicates draft Moldovan legislation – either under way or at least mentioned by the Legislation Plan of the Moldovan Government adopted for 2013 by Decision 1026 of 28 December 2012 or its subsequent documents issued for the years 2014 - 2016. It is recommended that advantage should be taken of all possibilities for regulations and other general acts of enforcement which the Moldovan Parliament will leave with the Government, Ministry or CAA. Legal instruments to be used may include:

- Constitution and constitutional laws,

- laws, including codes (e.g. Aviation Code),

- regulations and ordinances of the Government,

- administrative acts of legislative character of a ministry, and

- orders of the Civil Aviation Administration.

The fourth column shall list the main differences (if any) between

- EU legislation and Moldovan legislation in force if there is no draft of a Moldovan law which

can be evaluated by the experts of the Consultant’s team. So the primary source for this

column is an analysis to be prepared in the framework of the project at hand.

- EU legislation and draft Moldovan legislation as far as there are drafts of Moldovan laws or

subordinated regulations (bylaws) which could be evaluated by the Consultant’s team.

Component 1.2: Detailed plan

Component 2.1: Study of the current legal framework

Component 2.3: Legal drafting progress monitoring

Component 3.4: Carrying out of conformity checks



The purpose is to identify the degree of compatibility of the proposed new aviation laws and regulations, which were prepared with assistance from the project, and the existing secondary and horizontal legislation, with the requirements of the EU-MD CAA Agreement (also important for Component 3.4).

The fifth column shall give an opinion as to which EU regulations and directives Moldovan legislation should be aligned with on a short term, medium term or long term basis. By “timeframe for alignment” only a timeframe which can be managed on the experts level (e.g. CAA) is meant. Certainly a timeframe cannot be set for the political level of the Moldovan Government or the Parliament.

Example for the more detailed plan:

EU legislation Moldovan legislation in force (including kind of legal act)

Moldovan draft legislation (including kind of legal act)

Differences Moldovan / EU legislation (if any)

Timeframe for alignment (if any)

Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in respect of the carriage of passengers and their baggage by air

Applicable provisions: Articles 1 – 8

Article 1 Scope: Implementation of the relevant provisions of the Montreal Convention in respect of the carriage of passengers and their baggage by air and laying down certain supplementary provisions; extension of the application of these provisions to carriage by air within a single State

Article 2 Definitions (a) ‘air carrier’ (b) ‘Community air carrier’ s € ‘person entitled to compensation’ (d) ‘baggage’ € ‘SDR’ (f) ‘Warsaw Convention’ (g) ‘Montreal Convention’

…



The scope and timing will be developed in close cooperation with the Moldovan partners in order to provide the most realistic and feasible plan.

The plan must be a “working document”, i.e. it must be amended and / or adjusted depending on the progress in the respective Moldovan legislation procedure. Insofar, it should be used as a monitoring matrix for component 2. It can be presented to the Moldovan Government as well as to the EU to demonstrate the progress in adopting the EU law in the Moldovan legislation.

During the inception phase it was considered that organization of the study visits to a two EU Member State, and one non EU would be of a great importance. It would be very useful to find out, and learn from its experience, how to adapt and implement EU aviation regulations in the best way.

The Study tours may include:

- Lithuania: The current institutional model of legal approximation mechanism in Moldova resembles to some extent Lithuanian practice after the country’s accession to the European Union.

- Montenegro: NTU has recently completed an EU funded “TA to the Transport Sector, Montenegro”, where technical assistance to the Civil Aviation Authority was one of the main components. The lessons learnt by the CAA Montenegro in the process of CAAA implementation will be of benefit to the Moldovan beneficiaries.

- Poland: The Aviation Security Expert has more than 35 years of work experience in civil aviation sector in Poland; therefore he would provide a first hand up-to date presentation of this country practice.

The final decision on study tours’ destinations, program and organization will be decided on by the Steering Committee and agreed with Contracting Authority.

Special Training action plan will be prepared in the next period of 4 month and will be presented and approved by Steering Committee. All the trainings are to organized and managed in line with the procedures described the Methodology document and will comprehend the following areas:

- Safety

- Security

- ATM

- Airports

- Competition, passenger protection and other economic issues

Component 3:

Component 3.1: Presentation of the best practice and study tours

Component 3.2: Organization of specialized training

Component 3.4: Assistance in drafting of the plans, procedures and manuals

Component 3.5: Providing advice on identification and mitigation of the risks



The Training action plan shall be prepared together with the beneficiaries, coordinate with TRACECA projects and is to be adjusted in line with the current budget availabilities.

Assisting in drafting the plans, procedures and manuals will also cover the same areas alleged under Training action plan. One of the tasks will be preparing basic procedures for the work of auditors in safety (procedures in issuing AOC, Operational Licenses, personal licenses, Certification of CAMO etc.) and within security areas. Also manuals and procedures regarding the day to day duties and obligations of the NSA need to be adopted.

One of the main tasks for the next period is the preparation of the basics for a “National Civil Aviation Security Programme (NCASP)” and a “National Aviation Quality Control Programme (NAQCP)” which shall be designed to ensure the security of passengers, crews, operators, public and airport infrastructure, as well as the regularity and the efficiency of the civil aviation to prevent acts of unlawful interference. These programmes shall represent normative acts with general character with the objective to provide the application of the security measures in entire Moldovan civil aviation security system.

Consulting on identification and mitigation of the risk is a very important and also somehow ingratitude task. However, as it is described in the Chapter 7, this must be taken very seriously and in line with the best Civil Aviation safety practice. Avoidance of the problems caused by non-identified risks could lead to the problems, which regular audits of International Civil Aviation organizations (ICAO, EASA, EU, ECAC) will later recognize and reveal.

Moldovan CAA and MTRI already started the discussion regarding the division of the responsibilities and work sharing. This will become part of the new Aviation Code. Contractor is already involved in that discussion and is promptly providing consulting’s to the CAA and other parties participating on that meetings.

When this is concluded the Contractor shall start to work closely with the CAA in order to produce a detailed document which will form the organizational structure of the CAA itself. The final result is to be presented in the form of the document based on the workshops and meetings with the beneficiaries.

At the end of this period a Draft Progress Report will be produced and communicated to the

beneficiaries. This Progress Reports will, as a minimum, cover but not be limited to the below listed

contents:

• Contracting period;

• Contract value;

• Activities (in period and future);

• General progress;

• Programme (Time Schedule);

Component 4: Institutional capacity building



• Documentation and reporting during the reporting period;

• Revision to project implementation plan;

• Financial statement including progress payments.

More details may be draw from Annex A 3.

5. Implementation arrangements

The inception phase of the project in aviation security was carried out in Chisinau, Moldova, from 11

February till 10 April 2013. At this time there were arranged and conducted several meetings with

officials from government institutions responsible for development of aviation policy and institutional

structure of aviation sector in Moldova, implementation of national policy and legal requirements,

service providers and air companies. Moreover a close cooperation was established with Mr. Vigo

Legzdins, Advisor to the Minister of Transport and Road Infrastructure to discuss structure of Aviation

Law, Aviation Security Law and organisational issues. The aim of these meetings was to gather

necessary information to update the ToR of the project and prepare a tentative working plan for its

implementation phase. The visited institutions were as follows:

• Ministry of Transport and Road Infrastructure (MTRI) is responsible for national policy and legal

framework in civil aviation,

• Civil Aviation Authority of the Republic of Moldova (CAA) which operates under the political

oversight of the MTRI and is responsible for the implementation of national policy and legal

requirements. Additional meetings were organised with CAA Legislation Department to discuss

circulation of documents between CAA and other aviation sector stakeholders in aviation security

area,

• Moldovan Air Traffic Services Agency (MOLDATSA), which is separated from the Civil Aviation

Authority and is responsible for providing Air Navigation Services, including meteorological services

and aeronautical information in the Moldovan airspace,

• Chisinau Airport Authority to gather information on implementation European requirements and

required assistance in aviation security area,

• Chisinau Airport Authority Security Department to gather information on their cooperation with the

CAA, and circulation of documents, and level of implementation the Moldavian Aviation Security

Code,

• Border Police responsible for execution of a security process, including passengers and luggage

checks in the International Airport in Chisinau to discuss implementation of national regulations and

their needs in the aviation security area, i.e. safety and security equipment for use at airports or

cargo terminals,



• Department of International Relations and European Integration to discuss a structure of Aviation

Law and organisational issues,

• Meeting with ”Valan” Management to discuss economic and operational impact of CAA Agreement

in aviation security area, as the company is operating Russian helicopters and aeroplanes in

Afghanistan.

Furthermore, the Contractor took part in the First Common Aviation Area Agreement (CAAA) Joint

Comity Meeting EU-MD on 14 February 2013 where were discussed general issue concerning EU-

Moldova cooperation in implementation of the CAAA and close collaboration with other EU funded

projects, in which Moldova is a Beneficiary Country.

The Contractor is responsible for day-to-day management of the project and mobilisation of all

involved experts. Plans for mobilisation of experts are subject to the project work plan established by

the Contractor, agreed with the beneficiary and approved by the Contracting Authority.

The day-to-day management of the project is the responsibility of Contractor’s Team Leader who is

responsible also for the whole project implementation and coordination with all involved stakeholders.

The Beneficiary (Civil Aviation Authority) already appointed a chief of the Legal department to liaise

with the Contracting Authority and Contractor. The day to day coordination is running smoothly, which

is especially important as the discussion between the CAA and the Ministry on the Aviation Code is in

full scale.

6. Monitoring and Evaluation

6.1 Definition of indicators

These indicators for monitoring the results of the project are defined in detail in Table A1 (Annex 1).

6.2 Monitoring/Reviews

Careful project management planning of the project also needs to indicate the additional short term

expert mobilization. In accordance to the project needs the anticipation of different aviation

specialization experts could become a necessity. This means (as indicated under risks) that the

Contractor’s assessment is that more working days for the specialised short term expert than

anticipated is needed. This is especially important for the capacity building activities related to aviation

safety – certification and auditing procedures and regulations. Some of these demands could be gained

from other projects such as TRACECA II and TRACECA EASA, however, special care needs to be taking to

preserve a high degree of flexibility in case these needs shall override project’s planning. Therefore,

permanent survey needs to apply and the EC Project manager together with other ST members should

be prepared to discuss and solve such needs. The Contactor’s intention is to mobilize the top European

experts who have extensive experience from similar projects. In certain cases especially for the actions

connected with safety and security issues, the expert needs to be a holder of a valid aviation license for



the particular aviation operational work. Also one of the important qualities of the expert would be a

knowledge regarding the CAAA project.

Contractor shall report the perceived additional needs to the EC Project Manager. After EC PM decides,

that some gaps in institutional and regulatory set-up and procedures are critical to the implementation

of the EU-MD CAA Agreement, the Contractor shall elaborate a plan for improvement of the situation

and proposals for appropriate actions to be taken.

The Steering Committee is the main forum for the control and supervision of the technical assistance

project. The Steering Committee shall meet at least every 6 months with additional meetings as

required. The Steering Committee is co-chaired by an employee of the State Chancellery and by the EU

Delegation Project Manager. The other members of the Steering Committee will be representatives of

CAA, Ministry of Transport and Road Infrastructure, Contractor’s Project Manager and Team Leader.

Other interested parties (e.g. representatives of Chisinau airport, Air Moldova and MoldATSA) as well

as the Key Experts may be invited from time to time as observers. The Steering Committee will focus on

technical coordination and will not be involved in day-to-day operations of the Contractor. The

Contractor will ensure the proper functioning of the Steering Committee, including the holding of

regular meetings, the preparation and circulation of the agenda, presentations, writing and distribution

of minutes, and the follow-up of the Steering Committee decisions.

6.3 Short-term Experts

Recruitment and mobilisation of appropriate short-term key experts will be a priority for the project management team following approval of the Inception Report. The process for recruiting short-term experts will be transparent and will be based on the following predefined criteria:

• qualifications

• language skills

• years of experience

• relevant technical knowledge

• communication skills.

If a short term expert will be involved in providing ad-hoc advice, the consortium will develop precise and EU compliant Terms of Reference for each of the missions in a project using the following form:



Terms of Reference for STE Ms / Mr …

Expert position Short Term Expert ((task))

Mission start date … 20...

Duration … working days

Mission purpose

The tasks of the expert will include:

…

…

Expected output …

…

Assumptions and risks …

…

These Terms of Reference for STE shall be agreed with the project beneficiary (CAA) and approved by

the EC Project Manager for each of the STE missions.

7. Update on Assumptions and Risks

After receiving the remarks from beneficiaries and EU representatives, Contractor becomes more

aware of the sensitivity of those issues. Instantly these questions got completely different and much

deeper reflection, Contractor now understands that the information received from different sources

were in many cases contradicting. Therefore below some of the risks are now explained in a wider way

and some were deleted.

However, acquainting the beneficiaries with the assumptions and risk is a very important issue. In

general, lesson learned with opening safety investigation results to all involved and wider, and above

all the introduction of the voluntary incident reporting system brought to the civil aviation safety

environment unpredictable benefits. Only due to that, the safety level in the states where this system is

used and recognized has been dramatically improved. Very similar is a matter with the assumption and

risks. Contractor’s experts could through their personal experiences in different states represent many

cases in which timely alleged, studied and salvaged risks would prevent many later entanglements.



7.1 Assumptions at different level

Although the assumptions and risks could be indicate on the different levels, in this report the Contractor is trying to identify only the ones that are very closely connected with the project itself. In few cases where misunderstandings were identified, more explanation is added.

As stated in the ToR the main assumption is closely linked to a continued stable political and economic environment, during the contract time and beyond, and unchanged policy orientation towards closer integration into the EU.

Secondly trustful cooperation between the Contractor and Civil Aviation Authority will be very important. The amount of planned work is huge and misunderstandings and other disturbances could cause regression of the project.

The work to be performed in connection with the CAAA implementation support in the Republic of Moldova and described in this Inception Report will be also based on the below mentioned assumptions.

Full agreement of Civil Aviation Authority and the relevant Department on the Ministry of Transport to the ToR, and cooperation in the implementation of the Technical Assistance.

Continued commitment of Moldavian authorities towards the development of the aviation transport sector.

Full cooperating and coordination with the two regional TRACECA Civil Aviation Cooperation Projects, as Moldova is also a beneficiary country.

7.2 Risks and flexibility

The Contractor has identified a number of risks and also received a number of comments and questions on that chapter. The Contractor’s believe is, that it is almost impossible to find a common view on each and every risk, as the Contractor’s and Beneficiaries’ understanding of different matters are in some cases in diversity. What is important in that case is to understand that below stated potential risks are not only the risks which are present now, but also the ones which might appeared in the later stage of the project. All this is built on the experiences gained on other similar projects and Contractor and beneficiaries should immediately start to work on measures to counter possible risks in order to minimise their impact.

Risks

In addition to the below initially and within two month of inception period identified risks, there are number of risks that may become apparent during the implementation of the Project. These can represent either a minor or major scale of importance. The Contractor assesses that its experience, quality assurance systems and backstopping capacities and above all the cooperation with the EU Delegation PM will be sufficient to manage the incidental risks that might occur during the implementation of the Project.

A complex, sensitive and at times uncertain political work climate2

2 May not directly influence on the project, however, changing the political picture might also bring changes on

the managing civil aviation positions and that could become a problem also for the project.



Rushing on preparation of the Aviation Code without real involvement of the Contractor3

Possible lack of commitment and willingness by Moldavian side to implement a sector reform process, insufficient inter- and intra-institutional coordination, lack of common goals and priorities in the civil aviation sector.4

Introduction of the “Law on the specialized central public administration (No. 98/2012, Article 14) which prescribes the rules regarding the certification, licensing and control and inspection, which is directly against the spirit of the EU aviation standards.5

Delayed ratification and validation of the CAAA by the EU member states, could cause negative consequence, and that could also influence on the final success of the project

Division of the skilled people between the Ministry of Transport and CAA will be needed. Only that could lead to the coordinated work and final results which are essential for the project.6

Rushing with the division of responsibilities, tasks and organizational matters between the Ministry and CAA. The suggestion would be that the detailed list of duties would be prepared first and then division of responsibilities should follow 7

Safety and security procedure should be rechecked, especially in regarding the certification, licensing and auditing established methods. This could cause additional urgent training of the involved personnel.

Lack of coordination between EASA and the EU Delegation in monitoring activities

Lack of co-operation between the team leaders of the project and the ongoing TRACECA projects which could result in overlapping of activities.

Failure of the proposed Steering Committee to commit themselves to the project, resulting in a lack of support to the Contractor;

Long procedural delays in the process of passing laws changes/approvals for the implementation of the CAAA

Lack of cooperation of the Moldavians authorities in the administrative matters to the implementation of approvals, visas, taxation issues.

Different interest of two Ministries (responsible for airport, CAA, MoldATSA and Air Moldova) could lead into deeper dismemberment between the state owned companies.

3 Contractor’s fear is that later changes, advised by the Contractor, cannot be implemented.

4 This is an assumption that could appear especially as a result of political changes.

5 According to the information we have received, this could become a problem, even if this is meant only for the

“organizations of Administrative nature”, organized under the Ministries, the risk remains. However, measures to remove this risk needs to be prepared 6 Contractor’s experts had noted this problem in other states. The risk could lead into misunderstandings and

even communication problems. Moldavian Civil Aviation is now in very good position to obviate the problem before its appearance. 7 Similar risk as the second one. Contractor might face problems later on, if the case is already decided and

closed.



Lack of internal communication and coordination of actions undertaken by different Moldova government institutions involved in drafting, agreement, passing and implementation of security bills, regulations and procedures;

Lack of funds for purchasing appropriate equipment to execute security requirements on required level;

8. Planning to ensure sustainability

Sustainability of the project results is the main aim of any technical assistance project provided by the EU. The Consultant has planned project components and project activities to ensure maximum sustainability of the achieved results and will make every effort to do so. But the sustainability of the project results primarily depends on the high political commitment for implementation of the provisions of the CAAA into Moldovan law, clear political commitment to define the functions and competences in coordination of the EU approximation process in Moldova, effective collaboration between the various institutions, agencies and ministries involved in the EU approximation process, commitment of the project beneficiaries and partner institutions to apply the results and to make the resources available to do so.

Insofar, the key sustainability issue for the project is to anchor the awareness of the importance of the CAAA and the project by involving the decision -makers (e.g. MTRI, CAA). Therefore, the project will assist the Moldovan administration tasked with the management, and, in particular, the monitoring of the implementation of the CAAA to ensure that it is capable of efficiently and effectively performing its functions and responsibilities in the context of the needs of the country and in compliance with associated CAAA and international requirements on a day-to-day basis.

The project team will assist also by providing local and international short-term experts in line with the procedures described in the ToR so as to facilitate transfer of knowledge and motivate capacity building. This process will lead to continuity, solidity and sustainability after the project work has been completed.

The Consultant’s team will impart expert advice and training to relevant staff to assist them and their respective governmental / administrative bodies to undertake monitoring and reporting associated with the aviation sector in a more efficient, streamlined and appropriate manner and consistent with EU and Moldovan legislative requirements.



Annexes



A1 Logical Framework Analysis

Annex A.1 - Logical Framework Analysis: Technical Assistance for the implementation of the legal and regulatory framework in the Aviation Sector according to the Agreement on Common Aviation Area between the EU and The Republic of Moldova

Overall objective Measurable indicators Means of verification Assumptions

To improve air transport safety and security by assisting Civil Aviation Authorities of the Republic of Moldova in adoption and implementation of the legal and regulatory framework for the aviation sector according to the terms agreed in the EU – Moldova Common Aviation Area (EU-MD CAA) Agreement

Increased share of air transport in the GDP

Increased connections with neighbouring counties

Increased trade volumes to neighbouring countries

Safe and secure aviation environment ensured

Decreased number of accidents

National statistics (verified)

Reports and relevant statistics from international organisations

EU statistical databases

Specific objectives Measurable indicators Means of verification Assumptions

Assist Moldovan civil aviation authorities in drafting national legal documents in accordance with the EU aviation legislation to be transposed according to the EU-MD CAA Agreement;

Provide support during the adoption and enforcement phases of the new legal and regulatory framework;

Carry out the functional analysis of

Effective and aligned with EU standards Moldovan aviation sector regulation

Improved institutional and organisational framework of the sector

Training of CAA staff and main relevant Stakeholders conducted

Workshops/seminars and study visits conducted

Cooperation with European aviation authorities/ agencies and relevant stakeholders introduced & maintained

Policy support provided

National legal and regulatory documents and publications

National statistics

IFI reports

Project reports

Deliverables appropriate to specific technical and/or legislative components of the projects

Political and economic stability in Moldova

Continuous policy orientation towards closer integration into the EU

Cooperation between all levels of national authorities involved in legislative process

Commitment and willingness of Moldovan civil aviation authorities to implement a sector reform process



the existing system and practices; prepare recommendations for the necessary changes; strengthen the administrative and technical capacity of the Moldovan civil aviation authorities; assist during the change process

Results Measurable indicators Means of verification Assumptions

Align national legal and regulatory framework governing civil aviation with the EU Directives and Regulations as specified in the EU-MD CAA agreement;

Provide advice and support to Moldovan civil aviation during the enforcement phase of the new adopted regulatory framework;

Identify and strengthen institutional capacity needs;

Advise the monitoring and implementation structures to implement the EU-MD CAA agreement.

Existent systems and procedures evaluated

Recommendations provided

Institutional capacity of the CAA and other beneficiaries in Moldova strengthened

Good governance developed

New civil aviation legal and regulatory documents drafted, discussed, accepted and implemented

Alignment of Moldovan civil aviation standards with EU standards carried out

Added value from efforts consolidation with simultaneously carried out relevant projects, incl. TRACECA

National legal and regulatory documents

Project reports

Project documentation

Regulation proposals

Official communications issued by the Moldovan Authorities

Results of the exams / certification at the end of each training

User handbooks, manuals, guidelines, booklets and recording of training programmes to recordable media

IFI reports

Publications and information reports in mass media and internet

Protocol for Management decisions

Policies and processes

Project reports

Training reports

Political and economic stability in Moldova

Continuous policy orientation towards closer integration into the EU

Cooperation between all levels of national authorities involved in legislative process

Commitment and willingness of Moldovan civil aviation authorities to implement a sector reform process

Commitment of the Project Steering Committee to achieving the project results

Interest and active participation of the beneficiaries in the training and capacity building activities



Activities Measurable indicators Means of verification Assumptions

Project Inception 0.1: Inception phase 0.2: Set up project

management structures and procedures

0.3: Gap assessment and action plan

Key Experts: 60 working days Costs Fee budget on key experts and short-term experts Incidental expenditures on: • Travel costs and subsistence allowances for missions,

outside the normal place of posting, to be undertaken as part of this contract;

• Travel costs and subsistence allowances for participants in events related to the execution of the contract (working group meetings, workshops, seminars, training sessions, study tours, conferences, etc.);

• Costs involved in organising events (translation and interpretation costs, venue renting, catering during the event, printing costs, etc.);

• Translation and publication costs of documents relevant to the implementation of the project;

• Office running costs (stationery, communication costs, translation of documents, etc.).

Verification expenditures: See financial reports.

• Office available • Availability of counterpart staff to

engage in meetings, project steering and working panels

• Timely response on reports from Moldovan Authorities

• Stakeholders are committed to timely implement the steps required for project inception

• Participation from counterpart staff

• Relevant documents are made available to the project team

• Full support and commitment from project partners

• Willingness and cooperation between various counterparts

• Top leaders and senior staff from stakeholders are willing to dedicate staff time to capacity building

• Other relevant projects, incl. TRACECA, willing to cooperate and share information

• Relevant documents are made available to the project team

• Full support and commitment from project partners

• Willingness and cooperation between various counterparts

• Top leaders and senior staff from stakeholders are willing to dedicate staff time to capacity building

• Other relevant projects, incl. TRACECA, willing to cooperate and

Component 1: 1.1: Identification of

pieces of legislation to be implemented (“updated list”)

1.2: Development of the detailed plan and description for each piece

Key Experts: 95 working days

Component 2: 2.1: Monitoring matrix to

measure and validate the progress and existing gaps

2.2: Drafting assistance 2.3: Legal drafting

progress monitoring

Key Experts: 310 working days Senior STE: 20 working days Junior STE: 110 working days

Component 3: 3.1: Presentation of the

best practice and study tours

3.2: Organization of specialised training

3.3: Assistance in drafting of procedures and manuals

3.4: Carrying out of conformity checks




3.5: Providing advice on identification and mitigation of the risks

3.6: Advisory support to the project counterparts

share information

Component 4: 4.1: Identification of the

needed input 4.2: Capacity building

support.


Project Management PM1: Maintain working

relationships with project counterparts

PM 2: Progress Monitoring PM3: Report on project

progress and financial issues

PM4: Project visibility Promotion

PM5: Project termination actions



A2 Overall plan of operations or work plan for the project as a whole

Project title: Technical Assistance for the implementation of the legal and regulatory framework in the Aviation Sector according to the Agreement on Common Aviation Area between the EU and the Republic of Moldova

Contract No: EuropeAid/132145/C/SER/MD


Planning period: 11/02/2013 – 10/02/2016

Prepared on: 08/05/2013

Contractor: Consortium of NTU International ApS / LFV Aviation Consulting AB / Hulla & Co.

No MAIN ACTIVITIES TIME FRAME PERSONNEL (man/days)

EQUIPMENT AND MATERIAL

OTHER

Key Experts

Other Experts

Sr. Jr.

0 Project Inception 11/02/2013 – 10/04/2013 60

1 Component 1: Preparation of a plan for drafting and accepting of the legal and regulatory framework and procedures according to the CAA Agreement between EU and Moldova

11/02/2013 – 10/08/2013 95

2 Component 2: Assistance in drafting of legal and regulatory documents

11/06/2013 – 10/02/2016 310 20 110

3 Component 3: Supporting the Moldovan civil aviation authorities during the implementation and enforcement process of the new legal and regulatory framework

11/03/2013 – 10/02/2016 625 50 20

4 Component 4: Institutional capacity building according to Ad-hoc needs

11/02/2013 – 10/02/2016 170 80 20

Project Management 11/02/2013 – 10/02/2016

TOTAL 1260 150 150



Months

No Activities 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36

0.1 Inception Mobilisation

0.2 Set up project management structures and procedures

0.3 Assessment of current situation in the Moldovan Civil Aviation sector

1.1 Updated list

1.2 Detailed plan

2.1 Study of the current legal framework

2.2 Drafting of acts and other legal instruments

2.3 Legal drafting progress monitoring

3.1 Sharing of the best practice from similar accession and EU countries

3.2 Organization of specialised training

3.3 Assistance in drafting of procedures and manuals

3.4 Carrying out of conformity checks

3.5 Providing advice on identification and mitigation of the risks

3.6 Advisory support to the project counterparts

Component 4: Institutional capacity building according to Ad Hoc needs

4.1 Identification of the needed input

4.2 Capacity building support

PM1 Maintain working relationships with project counterparts

PM2 Progress Monitoring

PM3 Report on project progress and financial issues X X X X X X X

PM4 Project Visibility Promotion

PM5 Project termination actions

planned

fulfilled

not fulfilled

Project Management

Component 3: Supporting the Moldovan civil aviation authorities during the implementation and enforcement process of the new legal and regulatory framework

Inception Phase

Component 2: Assistance in drafting of legal and regulatory documents

Component 1: Preparation of a plan for drafting and accepting of the legal and regulatory framework and procedures according to the CAA Agreement between EU and Moldova



A3 Plan of operations for the next period




Planning period: 11/04/2013 – 10/08/2013





OTHER

Interna-tional

Local

1.1 Updated list: Identification of pieces of legislation to be implemented under Annex III CAAA

11/04/2013 – 10/06/2013 10

1.2 Detailed plan: Development of the detailed plan and description for each piece

11/04/2013 – 10/08/2013 45

2.1 Monitoring matrix to measure and validate the progress and existing gaps

11/06/2013 – 10/08/2013 5

2.2 Drafting assistance 11/07/2013 – 10/08/2013 5

2.3 Legal drafting progress monitoring 11/07/2013 – 10/08/2013 5

3.1 Presentation of the best practice and study tours (Proposal by TL, Decision of the steering committee)

11/06/2013 – 10/08/2013 5

3.2 Organization of specialised training (Preparation of special training plan)

11/06/2013 – 10/08/2013 5

3.3 Assistance in drafting of procedures and manuals (Plan of producing manuals, procedures, etc.)

11/04/2013 – 10/08/2013 5






Planning period: 11/04/2013 – 10/08/2013





OTHER

3.4 Carrying out of conformity checks (see also Detailed Plan – column: “Differences Moldovan / EU legislation”)

11/04/2013 – 10/08/2013 25


11/04/2013 – 10/08/2013 5

3.6 Advisory support to the project counterparts 11/04/2013 – 10/08/2013 5

4.1 Identification of the needed input 11/04/2013 – 10/08/2013 5

4.2 Capacity building support 11/04/2013 – 10/08/2013 5

Project Management 11/04/2013 – 10/08/2013

TOTAL 130



Months

No Activities 3 4 5 6

1.1 Updated list

1.2 Detailed plan

2.1 Study of the current legal framework

2.2 Drafting of acts and other legal instruments

2.3 Legal drafting progress monitoring

3.1 Sharing of the best practice from similar accession and EU countries

3.2 Organization of specialised training

3.3 Assistance in drafting of procedures and manuals

3.4 Carrying out of conformity checks


3.6 Advisory support to the project counterparts

Component 4: Institutional capacity building according to Ad Hoc needs

4.1 Identification of the needed input

4.2 Capacity building support

PM1 Maintain working relationships with project counterparts

PM2 Progress Monitoring

PM3 Report on project progress and financial issues X

PM4 Project Visibility Promotion

Project Management

Component 1: Preparation of a plan for drafting and accepting of the legal and regulatory framework and

procedures according to the CAA Agreement between EU and Moldova

Component 2: Assistance in drafting of legal and regulatory documents

Component 3: Supporting the Moldovan civil aviation authorities during the implementation and enforcement

process of the new legal and regulatory framework



A6 Overall result performance plan




Planning period: 11/02/2013 – 10/02/2016

Prepared on 08/05/2013


Results (to be described) Target date Agreed Objectively Verifiable Indicators Constraints and Assumptions

Kick-off meeting 11/02/2013 Meeting held after the start of the project It is a general characteristic of legislative procedures that they can be influenced from outside only to a very limited extend. This is in particular true for the Moldovan situation. Therefore, it cannot be anticipated exactly when the different stages of the creating of the laws and provisions will definitely be reached. More concrete constrains and Assumption are: • Political and economic stability in Moldova • Continuous policy orientation towards

closer integration into the EU • Cooperation between all levels of national

authorities involved in legislative process • Commitment and willingness of Moldovan

civil aviation authorities to implement a

Project introduced to the country authorities

February 2013

Acceptance of the proposed time schedule for the first missions

Preparation of Inception Report 10/04/2013 Signature of Inception Report

Align national legal and regulatory framework governing civil aviation with the EU Directives and Regulations as specified in the EU-MD CAA agreement

10/02/2016 • National legal and regulatory documents • Project reports • Project documentation • Regulation proposals • Official communications issued by the

Moldovan Authorities • Results of the exams / certification at the end of

each training • User handbooks, manuals, guidelines, booklets

and recording of training programmes to recordable media

Provide advice and support to Moldovan civil aviation during the enforcement phase of the new adopted regulatory framework

Permanent.

Identify and strengthen institutional capacity needs

Permanent.






Planning period: 11/02/2013 – 10/02/2016

Prepared on 08/05/2013


Results (to be described) Target date Agreed Objectively Verifiable Indicators Constraints and Assumptions

Advise the monitoring and implementation structures to implement the EU-MD CAA agreement

Permanent. • IFI reports • Publications and information reports in mass

media and internet • Protocol for Management decisions • Policies and processes • Project reports • Training reports

sector reform process • Commitment of the Project Steering

Committee to achieving the project results • Interest and active participation of the

beneficiaries in the training and capacity building activities

Preparation of Progress Reports 10/08/2013 10/02/2014 10/08/2014 10/02/2015 10/08/2015

Signature of Progress Reports

Preparation of Draft Final Report 10/01/2016 Acceptance of Draft Final Report

Preparation of Final Report 10/02/2016 Signature of Final Reports



Bibliography

1. Agreement on Common Aviation Area between the EU and The Republic of Moldova

2. Terms of Reference for TA for the implementation of legal and regulatory framework in the

aviation sector of Moldova

3. Organization and Methodology for TA for the implementation of legal and regulatory

framework in the aviation sector of Moldova

4. http://www.caa.md – Civil Aviation Authority of Republic of Moldova

5. http://www.mtid.gov.md – Ministry of Transport and Road Infrastructure of the Republic of

Moldova

6. http://www.airmoldova.md – State Enterprise “Air Moldova”

7. http://www.moldatsa.md – Moldavian Air Traffic Services Authority

8. http://www.airport.md – Chisinau International Airport

9. http://eeas.europa.eu/delegations/moldova/index_en.htm - EU delegation to the Republic of

Moldova

Documents

Inception report - Autoritatea Aeronautică Civilă MoldovaDrept urmare rezumatul, obiectivele proiectului şi descrierea ... The Civil Aviation Authority (CAA) was established in