M 1.3 Implementing Structures

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    MTEC Training 2011

    Instrument for Pre Accession

    Module 1. 3 IPA Implementing Structures

    Meri Georgievska

    Rotterdam, 15 November 2011

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    Module 1. 3 IPA Implementing Structures

    IPA Implementation structures and modalities

    Implementing Modalities

    Implementing Bodies and Structures

    (E)DIS Accreditation Process and Conferal of Management of

    powers

    (E)DIS State of play per country (structures and accreditation

    process)

    Exercise

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    IPA Implementing modalities

    At European Commission Level :

    DG Enlargement coordinates the instrument as a whole and

    manages component I and part of component II

    DG Regional Policy manages the part of component II (under

    shared management with Member States) and is responsible for

    component III

    DG Employment, Social Affairs and Equal Opportunities isresponsible for component IV

    DG Agriculture and Rural Development has responsibility for

    component V.

    At Candidate/Potential Candidate Countries level: different kinds ofmanagement modes

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    IPA Implementing modalities (2)

    Seven different kinds of management modes

    Centralised direct: funds are managed by the EC services in Brussels

    Centralised direct de-concentrated: funds are managed by the EU

    Delegations under the supervision of EC services in Brussels

    Centralised indirect: management of funds is delegated to third parties such

    as specialised EU bodies or national or international public bodies

    Decentralised with ex-ante control (DIS): funds are managed by accredited

    national authorities of the beneficiary, but procurement is subject to ex-antecontrol by the EU Delegation

    Decentralised without ex-ante control (EDIS): funds are managed by

    accredited national authorities of the beneficiary and are not subject to ex-

    ante controls by the EU Delegation

    Shared: funds are managed by a managing authority located in participating

    Member States

    Joint: funds are jointly managed with International Organisations

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    Decentralisation without ex-ante control

    (EDIS) is the objective for the implementation

    of all IPA components where assistance is

    implemented on a decentralized basis.

    Implementation of IPA Component V is only

    possible under this mode.

    The timing varies depending on the IPA

    Component concerned (on average 2,5 to3

    years).

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    IPA Implementing Structures Legal Framework

    Commission Regulation 718/2007 of 12 June 2007

    (IPA Implementing Regulation) (Chapter II, subsection 2)

    Article 21 of the IPA IR - each beneficiary country should

    designate the specific bodies and authorities and set up a

    set of rules and procedures for implementation and sound

    financial management of the IPA funds

    Each country designates its own system on the basis of

    the IPA IR requirements, taking into account the localspecifics and possibilities =>

    Different Countriesrelatively Different Systems

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    IPA Implementing Bodies and Structures (2)

    National IPA coordinator (NIPAC) Competent Accrediting Officer (CAO)

    National Authorizing Officer (NAO)

    National fund (NF)

    Operating Structure (OS) Program Authorizing Officer (PAO)

    Specific Joint Structures (CBC):

    Joint Monitoring Committee

    Joint Technical Secretariat Operating Structure

    Body Responsible for Operational Programme (BROP)

    Body Responsible for Priority/Measure (BRM/P)

    Implementing Agencies (IAs) Audit Authority (AA)

    Final Beneficiaries

    Monitoring Committees: IPA & Sectoral Monitoring Committees

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    IPA Implementing Bodies - NIPAC

    A high ranking official responsible for the overall coordination of

    assistance under the IPA Regulations, in charge of:

    partnership between the EC and the beneficiary country/ between the

    accession process and the use IPA

    overall responsibility for IPA programming, monitoring and

    implementation / coherence and coordination of the programmes

    under the respective components

    annual programming for TAIB component at national level and forcoordination of CBC programmes (may delegate the task

    monitoring and reporting on implementation

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    IPA Implementing Bodies - Strategic coordinator (SC)

    A high-ranking official in the Government of the beneficiary

    country, under the responsibility of the national IPA

    coordinator:

    coordinates the assistance under the Regional- and theHuman Resources Development Components

    drafts the Strategic Coherence Framework / ensures

    coordination between sectoral strategies and programmes

    Monitoring (part of the IPA and the Sectoral MC)

    no direct involvement in the implementation

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    IPA Implementing Bodies - Competent Accrediting

    Officer (CAO)

    A high-ranking official in the Government of the beneficiary country

    (at the rank of a Minister of Finance)

    responsible for issuing, monitoring, suspending or withdrawing

    the national accreditation of the National Authorising Officer

    and the Head of the National Fund

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    IPA Implementing Bodies - National Authorizing Officer

    (NAO)

    A high-ranking official in the government or the state administration

    of the beneficiary country and Head of the National Fund with

    overall responsibility for:

    financial management of EU funds

    legality and regularity of the transactions

    effective functioning of management and control systems

    issuing, monitoring and suspending or withdrawing the national

    accreditation of the Operating Structures

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    IPA Implementing Bodies - National fund (NF)

    A body located in a Ministry the beneficiary country with central

    budgetary competence (Treasury in the Ministry of Finance)

    in charge of financial management of IPA, under the

    responsibility of the NAO.

    organising the bank accounts

    requesting funds from the EC

    authorising the transfer of funds from the EC to the operating

    structures or to the final beneficiaries

    financial reporting to the EC.

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    IPA Implementing Bodies - Operating Structure (OS)

    A body or a collection of bodies within the administration of the

    beneficiary country established for each IPA component, responsible

    for management and implementation of assistance under specific

    IPA component or operational programme. Tasks:

    drafting the annual or multi-annual programmes

    monitoring programme implementation and guiding the work of the

    sectoral monitoring committee

    drawing up the sectoral annual and final implementation reports ,

    submitting them to the EC, NIPAC and NAO

    ensuring that operations are selected for funding and approved in

    accordance with the applicable criteria and mechanisms setting up procedures for an adequate audit trail

    tendering-, grant award procedures, contracting, making payments

    and recovery from the final beneficiaries

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    IPA Implementing Bodies - Operating Structure

    (cont.)

    ensuring that all bodies involved in the implementation of

    operations maintain a separate accounting system

    ensuring that the NF and the NAO receive all necessary

    information on the procedures and verifications carried out in

    relation to expenditure

    setting up, maintaining and updating the reporting and

    information system

    Carrying out verifications on expenditure declared, products or

    services delivered, and the payment

    ensuring internal audit of its different constituting bodies

    ensuring irregularity reporting

    ensuring compliance with information and publicity requirements

    .

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    IPA Implementing Bodies - Operating Structure

    IPA Component I

    Programme Authorising Officer (PAO)

    Senior Programme Officers (SPOs)

    Implementing Agency (CFCU)

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    IPA Implementing Bodies Programme Authorising

    Officer (PAO)

    Part of the Operating Structure for Component 1 and 2

    Under the overall accountability of the NAO, takes theresponsibility for the overall tendering, contracting, payments,

    accounting and financial reporting aspects of all procurement

    in the context of the IPA component I

    Assisted by a Senior Programme Officers (SPOs) Designated as the head of the Implementing Agency (in case of

    CFCU as IA, the PAO is the head of the CFCU)

    programmes

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    IPA Implementing Bodies - Senior Programme

    Officers (SPOs)

    Part of the Operating Structure for Component 1

    Officials working with the final beneficiaries, normally as heads

    of Project Implementation Units responsible for the technical aspects of the IPA projects

    endorse commitments and disbursement documents prior to their

    transmission by the CFCU

    technical implementation and reporting / provide input into thepreparation of financial and reporting documents

    prepare ToRs/Technical Specifications

    submit requests to launch tenders, request to negotiate and

    conclude contracts

    endorse payments against invoices

    may delegate responsibility to a maximum of two officials within

    the same Ministry or Agency

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    IPA Implementing Bodies - IPA Component II

    Operating Structure (OS)

    Joint Monitoring Committee (JMC)

    Joint Technical Secretariat (JTS)

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    IPA Implementing Bodies - Operating Structure

    IPA Component II For each CBC programme, each participating beneficiary country

    establishes an operating structure for the part of the programme

    relating to the country concerned

    The Oss of the participating beneficiary countries cooperate closely inthe programming and implementation of the relevant CBC

    programme

    For each CBC programme the relevant OSs set up a Joint Technical

    Secretariat to assist the OSs (and the Joint Monitoring Committee

    where each OS is represented)

    The OSs in each participating beneficiary country includes one

    Implementing Agency headed by PAO appointed by NAO,responsible for the tendering and contracting, payments accounting

    and financial reporting aspects of the procurement of services,

    supplies, works and grants for the part the cross-border programme

    concerning the respective country.

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    IPA Implementing Bodies Joint Structures IPA II

    Joint Monitoring Committee (JMC)

    Oversees the programming and implementation of the programme.

    Considers and approves selection criteria.

    Responsible for selecting projects, but may delegate this task to a

    Steering Committee.

    Examines annual reports.

    Approves any proposal to amend the programme

    Joint Technical Secretariat (JTS)

    In charge of day-to-day management of the programme.

    Assists the JMC and OS in carrying out their duties.

    Organises calls for proposals, monitors project implementation.

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    IPA Implementing Bodies Operating Structures

    IPA III and IV

    Body Responsible for Operational Programme (BROP)

    Body Responsible for Priority/Measure (BRM/P)

    Implementing Agency

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    IPA Implementing Bodies BROP

    Coordination of the OP preparation, amendments and submission toNIPAC for adoption

    Evaluation of OPs (ex-ante and interim) and programme monitoring

    Considers and approves the general criteria for selection of operations

    Establishment of the sectoral monitoring committee

    Coordination and preparation of sectoral annual and final reports

    Setting up procedures for an adequate audit trail

    Ensuring maintenance of a separate accounting system

    Ensuring that the NF and the NAO receive all necessary information on

    the procedures and verifications carried out in relation to expenditure

    Ensuring internal audit of its different constituting bodies

    Ensuring irregularity reporting

    Ensuring compliance with the information and publicity requirements.

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    IPA Implementing Bodies - BRP/M

    Preparation of the sections of the OPs within its area of responsibility,drafting priorities and measures

    Technical implementation of sectoral measures/projects

    Preparation of monitoring data/reports /documents for SMC Preparation of TS/ToRs (when performs the role of the beneficiary)

    Preparation of Guidelines for Call of proposals and publishing of the calls

    Proposing evaluators to evaluation committees and members to PSC

    Verification and approval of requests for payment and submission to NF

    Transfer of national co-financing funds from treasury to IAs sub-account

    Performing on spot checks on a sample basis

    Monitoring technical implementation of the projects

    Setting up irregularity reporting and internal audit

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    IPA Implementing Bodies - Implementing Agencies

    (IAs)

    Contracting Authorities established within the national administration

    for each IPA component responsible for the financial implementation

    of the programme, in charge of:

    assisting the PAO in the good and timely preparation and

    implementation of operations at technical level

    coordination within each priority axis

    inputs in drafting priorities and measures for annual or multi annualprogrammes to the BRP/M

    Provision of information for the sectoral monitoring committees

    Contribution to the preparation of the sectoral annual and finalimplementation reports

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    IPA Implementing Bodies - Implementing Agencies

    (2)

    Directly responsible for procurement, contract implementation and

    payments on the project level

    Ultimate responsibility for the Tendering processannouncement oftenders, calls, launch of tenders, evaluation, preparation and signature

    of contract and addenda dossiers)

    Preparation of tender documents - verification of TS/ToRs

    (procurement) received from Beneficiaries

    Verification of the Guidelines for Calls for proposals, prepared by the

    BRP/M and preparation of complete Application package

    Provision of clarifications to tenderers, grants applicants Approval of the composition of the Evaluation Committee/s; chairing

    tender evaluations and preparation of ev. reports;

    s;

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    IPA Implementing Bodies - Implementing Agencies

    (3) Signing contracts and supervision of the technical

    implementation of the projects

    Ultimate responsibility for the project financial and accounting issues

    Participation in the Project Steering Committees Carrying out verification checks

    Preparation of requests for payment and submission to the BRM/P

    Making payments to Contractors/Grant beneficiaries and recovery of

    funds Maintain a separate accounting system

    Set up Internal audit

    Ensuring that the BRP/M receives all necessary information on the

    procedures and verifications carried out in relation to projects

    implementation and payments ensuring an adequate audit trail

    Irregularity reporting

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    IPA Implementing Bodies Audit Authority (AA)

    Body functionally independent from all actors in the

    management and control system and complying with

    internationally accepted audit standards responsible for auditing

    the organisational set-up and the functionality of the

    structures for management of pre-accession funds

    During the course of each year establishes and fulfills an annual

    audit work plan which encompasses audits aimed at verifying

    the effective functioning of the management and control systems,

    and the reliability of accounting information provided to the

    Commission.

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    IPA Implementing Bodies Monitoring Committees

    The IPA Monitoring Committee - representatives of the EC, the

    NIPAC, the NAO, OS, and the SC (co-chaired by EC and NIPAC) -

    ensures the overall coherence and coordination between theprogrammes and operations implemented under the different

    components, as well as for any cross component corrective measures

    needed to ensure the achievement of the global objectives of the

    assistance provided. Sectoral Monitoring Committees - set up under the IPA

    components, attached to programmes or components - makes

    proposals to the EC, the NIPAC and NAO for any corrective measures

    to ensure the achievements of programme objectives and reports tothe IPA MC on the progress made in implementing the programmes,

    by priority axis

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    IPA Operating Structure for Component II in Albania

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    IPA I l ti St t f C t III (RCOP)

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    IPA Implementing Structure for Component III (RCOP)

    Croatia

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    IPA Implementing Structures III and IV - Serbia

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    IPA Implementing Structures Component IV Turkey

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    Accreditation Process and Conferral of Management of

    powers

    Objective: Ownership by the national authorities over the whole

    program management cycle (programming, tendering and procurement,

    contracting, payments, implementation, monitoring and evaluation, auditand reporting)

    The established structures and procedures for independent management

    and implementation of the assistance are subject of assessment and

    accreditation by the EC

    Once the EC is assured that those structures and procedures are ready to

    take over the responsibilities from the EU delegations, it confers to them

    the management powers, i.e issues them with accreditation for

    decentralized management of EU funds

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    Accreditation Process and Conferral of Management of

    powers

    Two phases in the decentralisation process:

    Decentralised management with ex-ante control by the

    European Commission (Decentralised Implementation System

    - DIS)

    Decentralised management without ex-ante control by the

    European Commission (Extended Decentralised

    Implementation System - EDIS).

    IPA Components I-IV subject to both DIS and EDIS

    Implementation of IPA Component V possible only under EDIS

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    Accreditation Process

    Process of assessing the readiness of certain structures for the

    management and use of EU funds in accordance with clearly

    defined criteria

    DIS Road Mapdefines timeframe for the steps and actions tobe taken as well as indicators for measuring the fulfillment of the

    accreditation preconditions for conferred management powers

    under DIS:

    Established structures

    Staffing and procedures approved

    Conducted self assessment

    National accreditation obtained

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    Accreditation Process

    Five Stages Process:

    Stage ZeroEstablishing the framework for the management and

    control system

    Stage One - Gap Assessment

    Stage Two - Gap Plugging

    Stage Three - Compliance Assessment

    Stage Four - National Accreditation and the submission of

    application for the conferral of management powers (accreditation

    package)

    Stage Five Preparation for the EC decision and Conferral of the

    Management Powers

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    (E)DIS Structures and Accreditation State of play in

    Serbia (Candidate Status expected in December)

    All key DIS stakeholders on the side of the Serbian administration

    are established and they have passed the stages 1 and 2 of theDIS Roadmap.

    The start of the Compliance assessment of the structures and

    procedures for components I, II, III, IV and V (stage 3) is

    expected for the end of October/beginning of November 2011.

    The Government of Serbia will submit the accreditation packages

    to the European Commission upon obtaining the candidate status

    (E)DIS St t d A dit ti St t f l i

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    (E)DIS Structures and Accreditation State of play in

    the Potential Candidate countries

    Albania - by the end of 2009 established most of the framework for

    the management and control system. Under IPA I, compliance

    assessment has been completed and the accreditation is expected inthe first half of 2012. Under IPA II, III, IV, gap plugging is expected to

    start by the end of 2011, the compliance assessment is foreseen for

    first half of 2012, and the accreditation itself by December 2012. For

    IPA V, the compliance assessment has been completed and the

    accreditation package has been prepared but its submission to the EC

    depends on obtaining the candidate status of the country.

    Bosnia and Herzegovina has completed Stage O and is moving

    towards Stage 1 Kosovo: is still at a very early stage of this process: NIPAC and the

    SPOs have been appointed

    Exercise

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    Please form working groups by country and discuss the state of play inyour countries with regards to DIS:

    identify the main further steps to be taken with regards to DIS or

    EDIS accreditation: what frameworks, structures, procedures still

    need to be put in place and what type of training and capacitybuilding is still needed?

    expectations for accreditation (according to the national Road

    Maps)?

    challenges and problems with running the DIS operations ?

    What would you change if in a position to influence the design of

    the system (at EU level)?

    For CRO, TR and MK participants what would you advise yourcolleagues from the PCC (lessons learned)

    Give short presentations