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Anti-corruption Programming Workshop RBEC Bratislava, 28 March 2011 Thomas Dedeurwaerdere 1

Anti-corruption Programming Workshop RBEC Bratislava, 28 March 2011 Thomas Dedeurwaerdere 1

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Anti-corruption Programming Workshop

RBEC

Bratislava, 28 March 2011Thomas Dedeurwaerdere

1

EU Institutional Set-up

2

European Court of Justice

Court of

AuditorsParliament

Commission

Council

The EU

EEAS

EEAS - European External Action Service, intended as diplomatic corps to oversee not only Europe's huge aid and humanitarian budget but also relations with countries around the world. Headed by the EU high representative for foreign affairs and security policy who is also a European Commission Vice-President.

Context

• Institutional positioning : EC – EP – Council• Euro-crisis• Europe 2020 • EU Roadmap for moving to a competitive low

carbon economy in 2050• Events in South Mediterranean• Negotiations on financial perspective 2014-

2020

3

Legal basis

• Treaty on the functioning of the EU (“Lisbon Treaty”)– Art. 83 EP and Council may “establish minimum

rules for the definition of criminal offences and sanctions (…. For) serious crimes with a cross-border dimension”, including corruption and money laundering

– Art. 84 EP and Council may establish measures to promote and support crime prevention by member states

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Legal basis

– Art. 70 Council may adopt measures for joint Commission/Member States evalution of EU policies in the area of freedom, security and justice

• 2010 : Stockholm Programme on freedom, security and justice – The Union must … set objectives on transparency

and the fight against corruption (and) devote increased attention to (…) anti-corruption measures in a number of areas 5

Legal basis

• 2 public procurement directives• 1995 Convention on the Protection of the

Communities’ Financial Interests. • 1997Convention criminalises the active and

passive corruption of public officials of the Communities and of Member States.

• 1998 Joint action on corruption in private sector

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Anticorruption policy

• Communication on a comprehensive policy against corruption (2003)

• 2008 : EC ratifies UNCAC

• Stockholm Programme (2010)– Examine possibility of putting in place a

mechanisms for the period evalution of efforts in the fight against corruption across the EU

– External aspects : enlargement and ENP 7

More policy

• Mid-2011 Communication on a comprehensive policy against corruption– Update on 2003– Proposal to include an evaluation mechanism– Roadmap for EU accession to GRECO

• DG Home Affairs : inter-service group on corruption

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ENP and enlargement

Unexpected marriage of portfolios? Revision of the ENP – Commission Communication 20 April ‘11

ENP• Specific legal

basis• Eastern

Partnership

Enlargement• Icelandic

Application• Country desks

maintained by the Commission

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Eastern Partnership

• Launching Summit on 7 May 2009 in Prague

• EU27 and Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine

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Eastern Partnershipplatform 1 Democracy, good governance and

stability

• Panel on Fight Against Corruption exchange of information and best practices on building integrity, prevention and prosecution of corruption with the view of promoting adherence to international standards, (Council of Europe and UN conventions), promoting strategic and comprehensive approach, as well as participation of Civil Society.

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EU Financing instruments

• Western Balkans + Turkey : IPA• Western CIS/Caucasus : ENPI• Central Asia : DCI• DCI Global thematic programme• Instrument for Stability• European Instrument for Democracy and Human Rights

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EC FINANCIAL INSTRUMENT GEOGRAPHICAL COVERAGE EU STRATEGY DIRECTORATE GENERAL RBEC COVERAGE

STRUCTURAL FUNDS EU member states Regional Policy DG REGIO / DG EMPL EUMS

INSTRUMENT FOR PRE-ACCESSION

EU Candidate (Croatia, fYROM and Turkey) and potential Candidate Countries (Bosnia and Herzegovina, Montenegro, Serbia, Albania and Kosovo)

Enlargement Policy DG ELARG Western Balkans + Turkey

EUROPEAN NEIGHBOURHOOD AND PARTNERSHIP INSTRUMENT (ENPI), INCLUDING ENPI CROSS-BORDER COOPERATION AND ENPI REGIONAL PROGRAMMES

Southern Mediterranean, Middle East, Eastern Europe, Caucasus

European Neighbourhood Policy +Eastern Partnership

DG RELEX (policy/programming)DG EuropeAid (projects and programs : project design, selection of implementation partners and management of the calls for proposals or direct contracting, as applicable)

Western CIS, Caucasus, Russia

DEVELOPMENT COOPERATION INSTRUMENT (DCI)

Latin America, Asia, Central Asia + Gulf (Iran, Iraq and Yemen)

EU - Central Asia Strategy

DG RELEXDG EuropeAid

Central Asia

DCI GLOBAL THEMATIC PROGRAMMES, INCLUDING ENVIRONMENT AND SUSTAINABLE MANAGEMENT OF NATURAL RESOURCES INCLUDING ENERGY (ENRTP), INVESTING IN PEOPLE A.O.

DCI eligible countries + EDF and ENPI countries

Horizontal DG EuropeAid Western CIS, Caucasus, Russia, Central Asia

INSTRUMENT FOR STABILITY (IFS)

Global – crisis countries Horizontal DG RELEX Currently : Armenia, Georgia, Moldova

EUROPEAN INSTRUMENT FOR DEMOCRACY AND HUMAN RIGHTS (EIDHR)

Global Horizontal DG EuropeAid All eligible, but assistance is mostly delivered through civil society organizations.

EC Financial Perspective

• Current financial perspective 2007-2013– IPA : EUR 11,5 billion– ENPI : EUR 12 billion– DCI (Central Asia) : EUR 719 million

• Indicative Programmes 2011-2013

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The programming process

Strategy Papers

Strategy Papers

Multi-annual indicative

programmes

Multi-annual indicative

programmes

Annual Action Programmes

Annual Action Programmes

► analyse the situation

►define the priority sectors

► have a duration of 7 years, and

► are revised at mid-term

►normally attached to Strategy Papers

► set allocations

per global and

individual priorities

► cover 3 – 4

years

►defined annually

► describe projects identified for financing

► defines the budget per

project

W/Balkans + Turkey

• DG Enlargement• Candidate and potential candidate countries• “enlargement” policy• European / Accession Partnership• Annual Progress Reports + Enlargement

Strategy• IPA : MYFF, MIPD, AP (national + regional)• EUD + CFCU (under EDIS)

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• Previous PHARE programmes – TA on anti-corruption– Twinning programmes– The 2 procurement directives

• Current IPA examples– fYROM (2008) : judicial reform – database for data

management in field of org. Crime and corruption– Albania : “Clean” project

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W/CIS + S/Caucacus

• DG RELEX + AIDCO → EEAS + AIDCO• ENP / Eastern Partnership• PCA → Association Agreement + DCFTA• Annual ENP Reports• ENPI : CSP / NIP 2011-2013 / AAP• EUD’s (exc. Belarus)

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W/CIS + S/Caucasus

• National – Anti-corruption strategy– Administrative capacity to fight corruption– Corruption in judiciary and law enforcement

• Regional– Corruption in border services addressed by

EUBAM

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Central Asia

• DG RELEX + AIDCO → EEAS + AIDCO• EU – Central Asia Strategy (2007)• Partnership and Cooperation Agreements• June 2010 : Joint Commission-Council Report

on the EU-Central Asia Strategy• DCI : Regional Strategy Paper 2007-2013,

Indicative Programme 2007-2010 (2011-2013 expected in April 2010)

• Intention to have EUD in each republic20

Global Thematic Programmes

• One theme, not country specific• 2007-2013 : EUR 5,5 billion• 5 programmes : – Investing in people– Environment and sustainable management of natural

resources including energy– Non-state actors and local authorities in development– Food security– Migration and asylum

• Centrally managed by AIDCO• Several call for proposals “Investing in People” – early 2010

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Instrument for Stability

• New instrument as of 2007• “complementary” EU crisis response tool• Flexible, non programmable, short term (18

months)• 2007-10 : UNDP implements IfS projects in

Armenia, Georgia and Moldova

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EIDHR

• European Instrument for Democracy and Human Rights

• Enhancing respect for human rights and fundamental freedoms• Strengthening the role of civil society• Areas covered by EU Guidelines: dialogue on Human rights, human rights

defenders, the death penalty, torture, children and armed conflicts and violence against women;

• Supporting and strengthening the international and regional framework• Building confidence in and enhancing and monitoring the reliability and

transparency of democratic electoral processes

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Real life

• No single anti-corruption project funded by the EC in the last five years

• UNODC implements a regional Western Balkans programme

• A/C components in EUBAM / BOMCA

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Real life

• Programming cycle takes own pace in individual countries

• In your contacts : explain how UNDP works (NIM/DIM) and UNDP’s partnerships

• Respect the clearance procedure (AA memo 2007)

• 7% GMS is an ExBoard requirement• Don’t spend before/after the contract dates

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Real life

• No compulsory template for Annex 1 – you could use / cut-paste your ProDoc

• Read the agreement• Be aware of the FAQ’s• Communicate !• Timely and qualitative reporting (structure narrative on Annex

1 and financial on Annex 3)• Financial conciliation on excel sheet ...• Monitoring missions : make sure to be aware and to be

involved (and get a copy of the final report)

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Real life

• Visibility work plan• Verification – guidance note + OAI + Bxl• Avoid reimbursing interest accrued on pre-

financing: joint management / multi donor• Final amount of financing : avoid having a % in

art 3(2) Special Conditions• Exchange rate issues : art 4(3) Special

Conditions – UNORE at date of transaction

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Real life

• Budget template – UN’s own ? (activity based rather than input based)

• Reimbursement of the surplus balance : UNORE of the date of EU recovery order

• Late payments by EU : recovery of interests (after 45 + 45 days)

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