Negotiation of the contract Revision Twinning Manual 2012

Download Report

Transcript Negotiation of the contract Revision Twinning Manual 2012

The 2012 Revision of the Common Twinning Manual

with Some Tips for Practitioners

Paolo M. Gozzi DG Enlargement – Unit D2 Tallinn, 22 May 2012

Introduction

• •

Why?

• • •

Periodical revision of the Twinning rules Evaluation TA vs. Twinning (2010) ELARG First Evaluation of the Institutional Twinning Instrument with the ENP countries (2011) DEVCO

How?

Shorter gap between programming and implementation

More flexibility = more responsibility for twinners

NB: Some of the changes only for IPA projects

General Suggestions for IPA Programming

(out of TM)

Shortening time gap

IPA Committee approval – Call for Proposals

“Unattributed envelope” for Twinning Projects

Budgetary allocation for twinning in National Programme

Design/launch of twinning fiche as soon as ready

Important

• • •

The Twinning Manual 2012 is applicable for all projects with notification of selection sent on or after 2 April 2012 Twinning is a grant – PRAG framework Duty of the Commission and CFCEs (under IPA) or PAOs (under ENPI): to ensure fair competition among MS and coherent application of the twinning rules

Project Leader

Revision Twinning Manual 2012

MS Project Leader

Under IPA, the responsibility and involvement of the PL grows significantly:

In particular, the Project Leader must ensure his/her presence at all meetings of each quarterly Project Steering Committee during which the detailed description of activities is updated.

Junior Project Leader

JPL has a role to play as facilitator for the project.TM 2012 formalises what was already common

practice: the JPL can attend Project Steering Committees at the cost of project

STAFF •Junior Project Leader TASKS INPUTS •Ensures coordination the with good Project Leader and Junior MS input appropriate to the project.

•Attendance of quarterly project steering committees is recommended.

Revision Twinning Manual 2012

Resident Twinning Adviser

Role of the RTA

No standard twinning can run without the RTA. Reinforced importance of RTA’s presence (subsection 2.2.1

of TM 2012) …The RTA is the backbone of a Twinning project throughout

the entire duration of the implementation period of the

Action. He or she is supported in his or her MS administration for logistics, accounting and administrative tasks. This support should allow the RTA to concentrate on the essence of the project.

• Addition in first paragraph Annex B1:

…RTAs made available by MS… throughout the entire

duration of the implementation period of the Action.

Repeated assignments as RTAs

• • • • •

No more than 36 months in one Beneficiary country No more than 2 assignments in the same region (IPA, ENPI South, ENPI East) Maximum 4 assignments in total Uninterrupted period of 6 months back in MS Administration between the 2nd and the 3rd 3 years back in MS Administration if a 4th assignment is sought.

Ad-hoc Mandated Bodies (3.3 TM)

Clarification of the role of an ad hoc MB: No key positions can be held by experts coming from ad hoc mandated bodies.

Revision Twinning Manual 2012

Selection of the Twinning Partner

IPA: Notification of selection to MS (3.5 TM 2012)

• • • The selection meeting takes place 14-15 days after the deadline for proposals. The final decision is communicated within three weeks from the selection meeting.

In case the deadline is not met, MS can notify that it is no longer bound by its proposal. Twinning Fiche may be re-circulated.

ENPI: Notification of selection to MS (3.5 TM 2012)

• 3.5.2 "Selection under ENPI" – Notification of Results.

• The CA will specify in the letter the possible dates for the first preparatory mission in the BC within the next two weeks.

Revision Twinning Manual 2012

Negotiation of the contract

Negotiation of the contract

4 months for IPA countries – first draft to be sent within 6 weeks (IPA) or 2 months (ENPI) from notification.

For ENPI countries the overall target is to have the Twinning Contract signed within a maximum of 5 months from the selection notification date.

Unchanged number of reimbursable preparation missions.

Revision Twinning Manual 2012

Annexes to the Contract

Special Conditions

• •

Addition 4.3 (Signed contract serves as payment request for the first pre-financing).

4.3 The first instalment of pre-financing, if applicable, shall be paid to the Beneficiary within 45 days, as from the date of reception by the Contracting authority of signed Contract accompanied by the financial guarantee if required in accordance with Article 15.7 of Annex A2. The signed contract serves as payment request for the first pre-financing.

Removal of some outdated derogations to General Conditions (PRAG 2012)

Annex A1 – Description of the Action

Under IPA, Article 4 (Tasks), Article 6 (Schedule) and Article 7 (Resources) can be filled in an abridged form.

Annex A1 - Twinning Review Missions (Article 9)

• • • • •

Triggered by EU Delegation

Implemented – Financed under TAIEX 2 experts (former RTA from a similar Twinning project implemented by a different MS + RTA ) 3-5 days Obligation to provide report.

Annex A2: General Conditions

Updated according to last version of the PRAG (2012)

Annex A3: Budget

Under IPA, limited information required (budget for activities at level of activity heading).

Kick-off and closure meetings introduced as ‘Activity 0’ (small catering and venue can be charged)

Annex A7: Special Financial Annex

• •

Updated according to TM 2012.

Budgetary Addendum required when cumulated changes are above 15% of the global budget. Then side letters can be used until the total reaches again 15%.

Revision Twinning Manual 2012

Changes to other annexes/templates

Annex C7: Selection Fact Sheet (Under IPA)

Was already incorporated in the 2009 Manual in March 2011

It includes numeric scoring

Annex C15: Template for Operative Side Letters (IPA)

• • • •

Replicates Annex A1 and partially Annex A3.

Detailed activities for 6 months period

Tasks

Resources

Budget

Approved by Project Steering Committees Revision of 3 months + addition 3 months more

Annex C16: Guidelines for fact-finding missions

• • • •

Issued on 14.10.2010

Requirements for notification to HQ by MS NCP:

a) Written approval to receive such a mission undersigned by the Beneficiary in the IPA context and by both the Beneficiary and the PAO in the ENPI context.

b) A list of issues that the fact finding mission will explore c) Date of the mission d) Participants to the mission

Potential RTA is excluded Content and conclusions are shared with all NCPs by HQ

Revision Twinning Manual 2012

Implementation of Twinning Contract

Preparation of annex A1 under IPA

• • •

Activities not detailed, just headline and total budget. Article 6. Indicative schedule can be grouped by quarter.

Detailed activities for first six months will be developed out of the contract, in the Operative side letter.

Annex A1 under IPA

Twinning Manual 2009

Twinning Manual 2012

Figures can be indicative and schedule by Quarter

Impact on annex A3

Opening and closure events as separate item

Junior Project Leader costs included in Project Management costs

Activities only at heading level (IPA)

Opening and closure events (mandatory)

Special activity: detailed as for Project preparation or RTA costs.

Activities – Annex A3 under IPA

8. PROJECT ACTIVITIES Component 1 Subcomponent 1 1.1.1 Workshop A 1.1.2 Seminar A 1.1.3 Workshop B

Activity Heading + total budget

Sub total 1.1.1

Sub total 1.1.2

Sub total 1.1.3

Total Subcomponent 1 35350 176000 61975 273325 Subcomponent 2 1.2.1 Workshop C Sub total 1.2.1

1.2.2. Seminar B Sub total 1.2.2

96800 70400

IPA - Operative Side Letter (TM 4.1)

• • • • •

Annex C15 Approved in the relevant Project Steering Committee for work plan of incoming 6 months.

PL can not delegate its signature to RTA.

OSL can not include changes to the contract or other changes that can be considered substantial according to the criteria indicated in section 6.6.

The CA must have at least five days to evaluate a draft OSL

Revision Twinning Manual 2012

Main Changes to a Twinning Contract

Addendum

• •

Not necessary when suspension or termination of contract When budgetary addendum is required (beyond consolidated budgetary changes up to 15%), there is no need for an addendum till the 15% is reached again

Side Letters

• •

Silence upon reception of side letter means no objection Annex C14 (Instructions for preparation of Side letters and Addenda): Side letters are expected to be submitted 48 hours to the CA before use is made of the change concerned (flexibility is important)

Good practices in preparing and implementing a Twinning Project

When programming is underway…

IPA Committee – Approval of National Programmes and Project Fiches (with Twinning components).

Good to establish a network of candidates for RTA in each institution.

Good to establish regular contacts with your peers in other MS for possible consortia.

When preparing a TW proposal

Select a committed PL

Ensure that all institutions involved are eligible

Include only relevant CVs

Consider the conditions in the Beneficiary Administration and adapt your proposal accordingly

When attending the selection meeting

Ensure that all key members of the Twinning team are present Share presentation time between Project Leader and RTA Make your BC counterpart to feel confident with the RTA Explain the comparative advantages of your Administration Show your knowledge of the situation in the Beneficiary country and administration

When drafting the contract

Be faithful to the Twinning Fiche Ensure that the drafting period doesn’t exceed 4 months - Take full advantage of the missions to the BC Keep close contacts not only with your counterpart, but also with Delegation and Contracting Authority Keep a reasonable pressure on the BC in order to get timely feedback on your proposals Do not exceed with study visits or class 3 short term experts

When implementing the project - I

Ensure close cooperation with the EUD/EUO

The MS PL maintain close contact with BC PL

The MS PL and the RTA be aware of and cooperative with other actors in the field and other activities (exp. SIGMA or TAIEX)

When implementing the project - II

• • •

Prepare a standard briefing on the BC for the STE Prepare a glossary with technical terms in all the languages of the experts involved Develop networks inside the Beneficiary Administration:

• At strategic level, with officials who can help solving conflicts or support the implementation of the project; • At operational level, with officials who are directly involved in the project.

Always remember that:

Thank you for your attention

Twinning Coordination Team Paolo Gozzi Marc Patuzzo Birgit Persson Jordi Rodríguez Ruiz Elarg Twinning Mail: [email protected]