training programme on contracts implementation for end recipients

This project is co-financed by the European Union and the Republic of Turkey

REPUBLIC OF TURKEYMINISTRY OF SCIENCE, INDUSTRY AND TECHNOLOGY

Bölgesel Rekabet Edebilirlik Operasyonel Programı’nın Uygulanması için Kurumsal Kapasitenin Oluşturulmasına Yönelik Teknik Yardım

Technical Assistance on Institutional Building for the Implementation of RCOP in Turkey

Trainer: Aslı GülgörProcurement and Contract Management Non Key Expert



IPA system/structure

Where to start ?



EU Cohesion Policies

Instrument for Pre Accession (IPA) in Turkey



1. Improve cohesion: decrease economic and social disparities in EU

2. Increase competitiveness and environmental sustainability

3. Facilitate integration of member states



5



IPA

Instrument for pre-accession



Instrument for Pre-Accession (IPA)Assistance for candidate and potential candidate countries for EU membership

Replaces: Phare, ISPA, CARDS, SAPARD, Pre-Acession Fund for Turkey

IPA aims to support candidate countries:

In policy development in the cohesion policy areas and transitional and institutional buildingIn preparing countries to effectively implement and manage the Community’s Cohesion Policy (Structural Funds)Prepare the candidate countries for the programming, implementation and management of EU Cohesion Policies



IPA Instrument for Pre-accession Assistance

New generation pre-accession instrument

– simplified: replaces 5 former pre-accession instruments

– flexible: tailor made assistance for progressive alignment with standards and policies of the EU

Legal Basis IPA Council Regulation (No 1085/2006 of 17 July 2006) established

IPA IPA Commission Implementing Regulation (No 718/2007 of 12 June

2007) spells in detail the implementation process



Scope of IPA

Western Balkans and Turkey

– in other words

Potential candidates: Albania, Bosnia and Herzegovina, Montenegro, Serbia and Kosovo under UNSCR1244/99

Candidates: Croatia, Turkey and the former Yugoslav Republic of Macedonia

Lifetime: 2007 – 2013

Budget: 11.5 billion euro

5 Components that replace 5 Instruments: Phare, CARDS, ISPA, Sapard and Turkey pre-accession assistance



Assistance for candidate and potential candidate countries for EU membershipIPA aims to support candidate countries:

In policy development in the cohesion policy areas and transitional and institutional buildingIn preparing countries to effectively implement and manage the Community’s Cohesion Policy (Structural Funds)Prepare the candidate countries for the programming, implementation and management of EU Cohesion Policies3 IPA Regulations: Establishment of IPA, IPA impl. Regulation and amending regulation (see website DG Enlargement: www.ec.europa.eu/enlargement/index_en.htm )

Instrument for Pre-Accession (IPA)



IPA Pre-Accession Assistance 2007-2012 under Multi-annual Institutional Financial Framework

Country 2007 2008 2009 2010 2011 2012 Sum Pop Per capMillion euro Mln Euro

Croatia 141 146 151 154 157 160 910 4,4 205FYROM 59 70 82 92 99 106 507 2,0 249Turkey 497 539 566 654 782 900 3937 72,5 54Albania 61 71 81 93 95 97 498 3,2 158Bosnia and Herzeg62 75 89 106 108 110 550 3,8 143Montenegro 31 33 33 34 35 35 201 0,6 323Serbia 190 191 195 199 203 207 1184 7,4 159Kosovo 68 125 66 67 69 70 465 2,1 225Multi-beneficiary 109 141 160 158 161 164 892Total 1218 1389 1424 1557 1708 1849 9146 96 95



Managing structures should anticipate future management bodies under the Structural and Cohesion Funds

Structures should be set up at national level

Implementation of multi-annual programmes

Shift towards decentralized management (from DIS to EDIS accreditation); similar to shared management under cohesion instruments

Wide eligibility scope, closer to cohesion instruments

but: it is a pre-accession instrument

Key Principles of IPA



• EU max 85% contribution in eligible costs• Other costs: national funds or other co-

financing sources (local, private, NGOs)

In case of private sector investments• EU contribution lower than 85% • Specific rules for EU co-financing rate in

case of state aid or net revenues

Co-financing under IPA



• SCF and OPs approved by European Commission

• Turkey’s IPA Framework Agreement December 2008

• Signed financing agreements for all programmes (2009)

• Technical assistance on IPA started

• Project pipeline development in progress

• First projects in implementation

• Procurement and contracting to be shifted from CFCU to IPA centers for Comp. 3-5 in 2012

IPA in Turkey: current situation



Programming IPA: Scope

Components of IPA:

• I Transition Assistance and Institution Building;

• II Cross-Border Cooperation;• III Regional Development;• IV Human Resources Development;• V Rural Development (IPARD)



Component Cross-Border: - Regional cross border programmes BG-TK, Greece-TK

Comp. Regional Development: - OP Regional Competitiveness- OP Environment- OP Transport

Comp. HR: - OP Human Resource Development

Comp. Rural Development: - Rural Development Plan

Operational Programmes for IPA Turkey



Component I: Institutional Building

Beneficiaries: Public bodies and NGOs to finance capacity and institutional building

Forms of assistance are e.g. :– Twinning, Twinning light, TAIEX

– Investments in the regulatory infrastructure to support alignment with the EU norms and standards

– Grant schemes (in Turkey: civil society, communications; see EU Delegation website)

– Implementation of finance facilities in co-operation with IFIs



Component II: Cross-Border Cooperation

Beneficiaries: Public bodies, NGOs Scope:•Transnational cooperation (Bulgaria, Greece)•Interregional cooperation•Investment and institutional building

•Eligibility of actions: ERDF Regulation Article 21 of Council Regulation (EC) No 1083/2006 of 11 July 2006



Component III: Regional Development

Scope of actions consistent with eligibility Cohesion Fund and ERDF regulations

Transport infrastructure: TEN-T rail and roads and connecting infra, sustainable and urban transport, multi-modal programmes, maritime, communication

Environment projects: waste management, drinking water, waste water, air quality, nature preservation, energy efficiency, renewable energy and sustainable urban transport projects

Regional Competitiveness: regional infrastructure, tourism, industrial parks, innovation and SME development, urban development, health and social facilities



OP Transport Priorities

1. Improvement of railway infrastructure in TEN-T Corridors

- High speed rail Istanbul-Bulgaria, Ankara-Konya- Upgrading and electrification of railways

2. Upgrading port infrastructure - Fylios, Mersin, Çandarlı, Blacksea ports

3. Technical assistance- Project preparation, capacity building



OP Environment Priorities

1. Improved water supply, sewerage and waste water treatment services

- Waste water treatment Erzurum, Kırşehir, etc.

2. Improved integrated solid waste management- Solid waste Balıkesir, Kayseri, Çorum, Konya, etc.

3. Technical assistance- Project pipeline preparation, feasibility, etc.



OP Regional Competitiveness Priorities

Central and Eastern Nuts 2 Regions in Turkey are eligible!!

1 Improvement of Business Environment- Business infrastructure, financing instruments, tourism and innovation2 Strengthening of enterprise capacity and foster

entrepreneurship - Support to SMEs and innovation3 Technical assistance



RCOP Budget

-1st package projects procurement state- 2nd project package 43 projects preparation and procurement- Projects to be created for 300 million euro 2011-2013 budget

RCOP 2007 2008 2009 2010 2011 2007-2011

2012-2013

2007-2013

Priority 1 Business Environment 36,5 37,9 47,7 80,1 98,5 300,7

Priority 2 Enterprise Capacity and Entrepreneurship

9,9 10,2 12,9 2,2 2,3 37,5

Priority 3 Technical Assistance 3,0 3,0 3,9 1,7 2,7 14,3

Totals 49,3 51,1 64,5 84,0 103,5 352,5 223,7 * 576,2*



Scope of actions consistent with eligibility ESF and ESF regulations

1. To attract and retain more people in employment (women, young people, improvement of employment services of ISKUR)

2. To enhance investment in human capital by increasing the quality of education

3. To increase adaptability of workers, enterprises and entrepreneurs

Component IV: OP Human Resource Development



1. Improving market efficiency and implementation of community standards

- Investments in farms & products, marketing and infrastructure

2. Preparatory actions for implementation of the agri-environmental measures and Leader - Environmental measures and community init.

3. Development of the rural economy- Rural infra, diversification activities, training, TA

Component V: OP Rural Development (IPARD) Priorities



Management Types



IPA - management types

Decentralised Management: tendering and contracting - the beneficiary country

Centralised Management: tendering and contracting - the Commission/EC Delegation

Shared Management: only for Component II, CBC programmes between beneficiary countries and their MS neighbours

Joint Management: certain implementing tasks are delegated to International Organisations



DIS ex-ante

Under a Decentralised system of management of EU assistance with ex-ante control, the Contracting Authority is an institution assigned to be so in the national administration. All steps of all transactions / decisions concerning the procurement and award of contracts are taken by the Contracting Authority and referred to the EUD for approval.

Transactions / decisions related to financial and administrative management [e.g. payment to contractors, accounting] are not submitted to the EUD prior to execution



DIS ex-post

Under a Decentralised system of management of EU assistance without ex-ante control, the Contracting Authority is an institution assigned to be so in the Turkish Administration. All steps of all transactions / decisions concerning the procurement and award of contracts are taken by the Contracting Authority and are not referred to the EU Delegation for approval.

Transactions / decisions related to financial and administrative management [e.g. payment to contractors, accounting] are not submitted to the EUD prior to execution.

For PHARE and ISPA, the system used to be referred to as EDIS, Extended Decentralised Implementation System

Apart from exceptions to the standard procedures given in the Practical Guide



DIS Management TR

LEGAL FRAMEWORK Prime Ministerial Circular, No. 2001/41 MoU on the Establishment of CFCU and MoU on the Establishment NF signed on 14 February 2002, approved by the Parliament (Law No. 4802) and published on 30 January 2003. The MoU for NF was amended by Law No. 5167. The MoU for CFCU was amended by Law No. 5500. Framework Agreement (adopted by Law No. 5303), and Council of Ministers Decree No. 2005/8636 This system was accredited by the European Commission on 8

October 2003 for projects other than grant schemes



PRAG Procurement Rules and Procedures 22-24 Feb 2011


Management Modes / Methods of Implementation

Potential candidate and candidate countries

AlbaniaBosnia and HerzegovinaCroatia FYROMIcelandKosovo under UNSCR nº 1244Serbia Montenegro Turkey

DCIS (IPA 1-2)DCIS (IPA 1-2)DIS – ex-anteDIS – ex-ante

DCIS (IPA 1-2)/JMDCIS (IPA 1-2) DCIS (IPA 1-2) DIS – ex-ante



MIDP Community priorities

MIFF Budgetary framework

National Priorities (existing strategic planning documents, JIM, JAP)

Strategic Coherence Framework (SCF)coherence, concentration and coordination among programmes and priorities

Regional development component

Human resources component

OP Transport OP HRD

OP Reg Comp

OperationalProgrammeENV

Programming Framework IPA



Inter Institutional Chart



• National IPA Co-ordinator [NIPAC]

• Strategic co-ordinator

• Competent Accrediting Officer [CAO]

• National Authorising Officer [NAO]

• A National Fund [NF]

• An Operating Structure [OS] (for each Component/Programme)

• Audit Authority [AA]

• End recipients – line ministry; water, rail or road company; regional waste operator; municipality; SME; farmer

Structures and authorities to be in place:



Allocation of IPA funds per component for TurkeySource: Instrument for pre- accession assistance (IPA) revised multi- annual indicative financial framework for 2011-2013:www.abgs.gov.tr

Component 2007 2008 2009 2010 2011 2012 2013

1: Support for transition and institution building (Kurumsal Kapasite Geliştirme)

257 256 240 211 229 234 238

2: Cross-border cooperation(Bölgesel ve Sınır Ötesi İşbirliği)

2,1 2,9 3 9,6 9,8 10 10

3: Regional development (Bölgesel Kalkınma)

168 174 183 238 293 368 378

4: Human resource development (İnsan Kaynaklarının Gelişimi)

50 53 56 63 78 90 96

5: Rural development (Kırsal Kalkınma) 21 53 86 131 173 198 213

Total in million EUROS 497 539 566 654 782 900 936



For Turkey: 2007-2013

Total Budget allocation for Turkey under all IPA Components: 4,873 billion euros

Total Budget allocation for Component 3,

Regional Development: 1,801 billion euros



For 2007-2013

Component 3: Regional Development 2007-2013

RCOP 2007 2008 2009 2010 2011 2007-2011

2012-2013

2007-2013

Priority 1 Business Environment 36,5 37,9 47,7 80,1 98,5 300,7

Priority 2 Enterprise Capacity and Entrepreneurship

9,9 10,2 12,9 2,2 2,3 37,5

Priority 3 Technical Assistance 3,0 3,0 3,9 1,7 2,7 14,3

Totals 49,3 51,1 64,5 84,0 103,5 352,5 223,7 * 576,2*

* Estimation for 2012-2013 based on the MIFF and 33% share of RCOP in Component 3.



INSTITUTIONAL SET UP UNDER IPA



Division of Responsibilities Institutions/bodies and their roles

• National Authorizing Officer (NAO)

• National Fund (NF)

• Operating Structure/Contracting Authority (OS/CA)

• End Recipient of Assistance (ERA)

• European Union Delegation (EUD)



National Authorizing Officer(NAO)

NAO - National Authorizing Officer (Ulusal Yetkilendirme Görevlisi) shall be responsible for

as the head of the National Fund, bear overall responsibility for the financial management of EU funds in the Beneficiary country; he shall be responsible for the legality and regularity of the underlying transactions; be responsible for the effective functioning of management and control systems under the IPA Regulation.



National Fund (NF)

National Fund is assisting the NAO in sound financial management of the European Union funds and national co-financing resources by:– requesting funds from the Commission, timely, efficient and correct flow of funds from EU and co- financing sources;– organising the bank accounts;– authorising the transfer of funds received from the Commission to the Contracting Authority/Operating Structures

– drafting Governmental Decisions and laws/regulations on matters related to the EU funds management

– ensuring operational viable technical and financial reporting system

– ensuring the protection of the EU and national financial interests by setting up effective financial management and control systems to manage EU and national funds



End Recipient of Assistance (ERA)

The institution/organisation that submits ……………………. called operation that is supported under the Regional Competitiveness Operational Programme in accordance with Article 158 of IPA Implementing Regulation.

Officials appointed by line ministries/other institutions as the SRER (Senior Representative of the ERA) /ERA and Operation Coordination Unit (OCU) involved in the project who shall ensure that the technical aspects concerning preparation and implementation of contracts are carried out in effective and timely manner.



The Delegation of the European Union to Turkey (EUD)

The institution represents European Union Commission that provides advice to Contracting Authority as an observer in various meetings, performs ex-ante controls on tenders and contracting documents and monitors implementation.



Operating Structure/Contracting Authority( OS/CA)

Established within the scope of IPA IR for all five IPA Components

In respect of financial management, the main roles are:

- request for funds

- cash flow forecasting

- payments to contractors/consultants

- accounts management

- financial reporting to EC and NF



Where are we now?



The project pipeline process



Operational Agreement



Parties

Head of Operating Structure (hereinafter referred to as the HoS) ……………on behalf of the Ministry of Science, Industry and Technology (hereinafter referred to as the Operating Structure/Contracting Authority)On the one part, and

..................................... on behalf of End Recipient of Assistance (hereinafter referred to as the ERA) whose operation submitted according to article 158 of IPA Implementing Regulation deemed suitable to be supported under the methods and principles set forth in the international agreements, statutory laws, regulations, by laws and guidelines.



Purpose

The purpose of this Agreement is to define the rights, obligations and responsibilities of the Operating Structure/Contracting Authority and End Recipient of Assistance in the efficient and timely implementation process of........................operation submitted by.........................in the framework of the RCOP.



Duration

The duration of this agreement covers the duration of the operation to which it is related and will commence on the date of coming into force of the said operation and will terminate on the date of the completion of the execution of contracts.



Questions and answers

training programme on contracts implementation for end recipients

Documents